TERMS & CONDITIONS OF BUSINESS
1.1 The following Terms and Conditions of Service apply to all products and services provided by Lemon Feathers and in the event of any dispute are governed by the laws of England.
1.2 All work is carried out by Lemon Feathers on the understanding that the client has agreed to our terms and conditions.
1.3 Copyright is retained by Lemon Feathers on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
1.4 If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Lemon Feathers, unless specifically agreed in writing.
1.5 Lemon Feathers reserves the right to sub-contract any of the work undertaken on behalf of the Customer.
2.1 Charges for design services to be provided by Lemon Feathers will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
2.2 All estimated prices quoted, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly.
2.3 All estimates are based on the expected or agreed timescale and include the necessary fees for minor alterations, to a point considered ‘reasonable’ by Lemon Feathers. If additional changes are required outside of the initial forecast or beyond a point of ‘reasonable’ alteration, we will inform the client and charge at our standard rate of £50 per hour.
2.4 Where there is a change of brief, will inform the client in advance of any extra costs likely to be incurred.
2.5 Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
2.6 The purchaser / client agrees to reimburse for any of the following charges incurred outside of the initial estimate, including but not limited to additional print fees, material costs, telephone calls, transportation and travel, shipping, courier fees and insurance, photography, administration, external or freelance support.
3. Source Files
3.1 We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
3.2 Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.
4.1 The customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to Lemon Feathers.
4.2 Any invoice queries must be submitted by email within 14 days of the invoice date.
4.3 Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment.
4.4 Payments can be made by online transfer, credit card (Visa, Mastercard) or Debit Card.
4.5 Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery.
4.6 Returned cheques will incur an additional fee of £50 per returned cheque. Lemon Feathers reserves the right to consider an account to be in default in the event of a returned cheque.
4.6 Publication and/or release of work done by Lemon Feathers on behalf of the client, may not take place before cleared funds have been received.
5. Copyrights and Trademarks
5.1 It is the responsibility of the client that all materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied to Lemon Feathers by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. Lemon Feathers will not accept responsibility / liability for infringements caused by any wrongly supplied materials.
5.2 Lemon Feathers cannot guarantee the client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore will not accept liability for any alleged claim from the client or any third party as the result of unintentional similarity in part or whole of a third party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.
5.3 Clients shall have sole responsibility for ensuring that any trademarks or copyrights do not infringe the rights of third parties. Clients shall indemnify, save and hold harmless Lemon Feathers from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand or action by a third party alleging trademark infringement or arising out of a client’s failure to obtain trademark clearance or permissions for the use of trademarks.
5.4 Any artwork, images, or text supplied and/or designed by Lemon Feathers on behalf of the customer, will remain the property of Lemon Feathers and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
5.5 The customer may request in writing from Lemon Feathers, the necessary permission to use materials (for which Lemon Feathers holds the copyright) in forms other than for which it was originally supplied, and Lemon Feathers may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
5.6 It remains the client’s responsibility to seek copyright protection if desired for any creative / intellectual property provided to the client by Lemon Feathers.
5.7 The client is solely responsible for all compliance with laws, government rules or regulations applicable to the client’s final products.
5.8 Whilst taking every care to protect all media and correspondence supplied, Lemon Feathers cannot accept liability or be held responsible financially or otherwise for any loss. Disputes will not be entered into.
5.9 Should Lemon Feathers, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Lemon Feathers to remove and/or replace the file on the site.
5.10 The customer agrees to fully indemnify and hold Lemon Feathers free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
5. 11 Lemon Feathers reserves the right to use both initial creative concepts and final approved design work for the purposes of the company’s marketing activities (both online and offline) unless otherwise requested / agreed with the client. In addition, such work may also be submitted to design periodicals and competitions under the portfolio of Lemon Feathers.
6. Design Credits
6.1 The customer agrees to allow Lemon Feathers to place a small credit on printed material exhibition displays, advertisements and/or a link to Lemon Feathers own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
6.2 The customer also agrees to allow Lemon Feathers to place websites and other designs, along with a link to the client’s site on Lemon Feathers own website for demonstration purposes and to use any designs in its own publicity and portfolios.
7. Design Project Timescale
7.1 Any indication given by Lemon Feathers of a design project’s duration is to be considered by the customer to be an estimation. Lemon Feathers cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Lemon Feathers for the initial payment or by date confirmed in writing by Lemon Feathers.
8.1 If at any point during the design or development cycle a client wishes to cancel, they may do so by written notification via email or letter form.
8.2 The client will be invoiced for all work completed and further compensatory charges for booked design time or printing press time or any other supply costs accruing, over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. The client should return all artwork including digital media, and is expected to permanently delete all digital copies thereof within 30 days of cancellation unless indicated otherwise.
9. Project Completion
9.1 Lemon Feathers considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
9.2 Once final proofs/materials have been signed off, the Company cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.
9.3 Advice of any loss, quality or damage issues must be reported to the Company within five clear working days of delivery and receipt (whether be printed or digital) and and any claim in respect thereof must be made in writing to the Company within 3 working days thereafter. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.
10.1 In the event of any bona fide dispute or difference arising between the parties in connection with the contract (excluding any dispute relating to non-payment of the charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the client to inform Lemon Feathers immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, deadline), without such information, no disputes will be entered into.
10.2 The maximum liability of designer to client for damages for any and all causes whatsoever, and client’s maximum remedy regardless of the form of action, shall be limited to an amount equal to the total fees paid by client to designer hereunder. In no event shall Lemon Feathers be liable for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or related to the services, even if Lemon Feathers has been advised of the possibility of such damages.
10.3 Lemon Feathers and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Glazier Design recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
10.4 These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Glazier Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
11. Acceptance of Terms and Conditions and Quotation
11.1 The placement of an order for design and/or any other services offered by Lemon Feathers, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.lemonfeathers.co.uk/ www.lemonfeathers.com.
11.2 An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Lemon Feathers.