Terms and Conditions
Terms and conditions
You: You and/or your business as detailed below.
Us/We: WaterBear Design Ltd
1.1 By signing a briefing document/quote/or business proposal or asking us to proceed with the work detailed within them, a binding agreement will take effect and cannot be cancelled without written consent from both you and us.
1.2 This agreement is governed by English Law and you and we agree that disputes can only be settled within English Courts.
1.3 This Agreement constitutes the entire agreement between the parties with respect to all matters referred to herein and supersedes all earlier warranties, representation or statements made by the parties (whether oral or in writing).
Payment Terms and Agreement
2.1 You are agreeing to pay for your order in accordance with our payment terms. These require a 50% deposit with the project order and 50% payment on delivery or completion of works and no later than 14 working days after this point. For large scale campaigns we may agree to set timely stage payments divided equally throughout the contract. We consider a project completed if we are waiting for content from you that is preventing completion of the project.
2.2 Where payment is not made, we will charge interest on outstanding balances at a rate of 5% per month unpaid. Where online services have been provided (websites, email templates, etc.) as part of this or previous orders, all online services will be suspended until payment is made in full.
2.3 We accept payment by the means of cash, cheque, bank transfer and BACS payments.
2.4 An additional charge will be applicable should you request changes to the design that are significantly different to your original requests after we have supplied the design proof.
3.1 All goods provided or delivered as a result of this order will remain the property of WaterBear Design until payment is received and cleared in full.
4.1 We provide a high quality design service. If you appoint us to create any design work, we will undertake a comprehensive briefing session where we request detailed information about you and your company. We will produce one design or proof based on this initial briefing exercise. If you are not happy with our initial design, we will ask you to provide appropriate feedback in writing stating where errors have been made. Following agreed changes, we will then provide a second design without further charge to you. We will always endeavour to ensure that you are satisfied with our work.
4.1.1 Any revisions included within a quote will charged be up to one hour per revision (unless otherwise stated).
4.2 If additional designs are requested (following 4.1 above) additional charges may become applicable, which we will always negotiate and agree costs with you incur any further charges.
4.3 If your brief does not include a copywriting service within the project costs, we require you to provide the written text needed to complete your project in an electronic format such as an email, Word file, etc. When you provide your text, please ensure this is ‘clean copy’ – i.e. final text ready for use, fully spell checked, grammar checked, proof-read, etc. and not ‘draft copy’. Additional charges will be made should amendments be needed to a design where the changes are being made to client supplied text.
4.3 Copywriting is provided at an additional and separate cost to design and will be listed within your quotation.
4.4 If you wish to access the control panel to your website, you will be sent a release form which needs to be signed before we can give you access to the site. The form is acknowledgement that once you have access to the Website Control Panel, we are not responsible for any changes you make to the site. If there are problems as a result of any changes you make, resolving these problems will be charged at our standard hourly rates.
5.1 We retain the copyright on all designs we produce until payment is received in full, upon which we then assign the copyright for the designs to you.
5.2 We retain fully copyright of the computer source files used to create your design (unless stipulated otherwise), but will release these (to allow you to use alternative printers, sign writers, etc.) on request, subject to an administrative release fee of £50.00. Website or digital assets will incur a release fee of £150.00 per item.
5.3 For any images or content that you supply to us, you must have full permission of the copyright holder, and as such, you indemnify us against any future copyright claims.
6.1 All proofs will be provided electronically – this allows rapid turnaround time. If you wish to receive printed proofs, each one will be charged for as an additional service. Please inform us if this is required.
6.2 No work will be printed or published until your confirmation and agreement to the proof document is received.
7.1 We will attempt to make delivery of printed materials during normal working hours. If we have made 2 attempts to deliver your goods and have still been unsuccessful we will inform you and you can then choose whether to collect your goods from our offices (without any additional charge) or to pay for another delivery attempt.
8.1 Current all costs exclude VAT
8.2 Prices are subject to change without notification.
8.3 Should WaterBear Design start to include VAT, we will advise clients in advance of their next new quote/job request. VAT will be charged at the prevailing rate unless otherwise stated.
8.4 Time or price quotations are subject to change unless quoted in writing and then are subject to a maximum guarantee of 1 month from the date written.
8.5 Website and email hosting services provided by WaterBear Design are not offered with guarantees or assurances of service delivery or performance. However, WaterBear Design and their professional service providers make all reasonable efforts to ensure continual professional services are provided.
8.6 We do not allow any illegal or obscene material or undesirable content (such as providing downloads of hacker software, etc.). Any software that can be downloaded from hosting service may only be hosted if you have the permission of the copyright holder. Additionally, the use of our systems to send bulk email (whether opt-in or not) is strictly forbidden.
9.1 WaterBear Design reserve the right to change the content of packages unless quoted in writing and then are subject to a maximum guarantee of 1 month from the date written.
9.2 The FREE consultation session is to be up to 1 hours duration at a location convenient for both client and WaterBear Design.
9.3 Revisions of the logo design where stated are up to 1 hour each of the chosen concept. Any further revisions will be charged at the hourly rate of £75.00 and agreed with the client’s prior consent.
9.4 One set of revisions is available for the stationery and website design of up to 1 hour.
9.5 Business cards are digitally printed on a high quality board 400gsm with a matt laminated or silk finish. Printed both sided.
9.6 Stock images included in a package will be selected by WaterBear Design to match the client’s website from a stock photographic image gallery, not exceeding the value of £20.00 per image.
9.7 File formats supplied of the logo will be .eps .gif .jpg and pdf
10.1 To contact WaterBear Design regarding privacy you can email us at email@example.com
10.2 We are committed to protecting your privacy. We will only use the information that we collect about you lawfully.