Terms & Conditions

We feel a good business relationship is when both parties fully understand each other, so we’ve designed our Terms and Conditions to be fair and open. They have been created to protect your rights, as well as the rights of our staff and work. We’ve tried to keep them simple and concise but as you can understand there has to be some legal language used. If you’d like clarification on anything please contact us.

Definitions
“Agreement” means these Terms and Conditions together with the Agreement and the Estimate. ”the Company” shall mean Jack Design Limited. “Client” shall mean the Client of Jack Design Limited for whom the services are performed. “Services” shall mean all work performed by the Company on behalf of the Client. “Estimate” shall mean the Estimated costs for the Services provided to the Client by the Company. The “Design Process” refers to a linear sequence of creative events across printed and online projects that has a start and an end point. “PO” means Purchase Order. “VAT” means Value Added Tax.

By utilising the company’s design services and/or submitting a project via the world wide web, email, phone, fax or in person, to the Company the Client agrees to the Terms and Conditions of Use as outlined below. Please acquaint yourself with our Terms and Conditions before submitting any order materials to the company.

General
These Terms and Conditions shall apply to all Agreements for the supply of Services by the Company to the Client. Before the start of the Services, the Company will submit an Agreement to a Client with an Estimate. Existing/Former Clients will receive an estimate but previous agreements still apply. The Company shall use reasonable endeavours to complete the Services within any estimated time frames. The placement of an order offered in writing by the Company and/or validated by the Client’s payment of the agreed advance payment on account constitutes acceptance of the Estimate and Agreement to comply fully with the Agreement and forms a contract for business between the Company and the Client. 

In exceptional circumstances and entirely at its own discretion the company may accept an order given verbally by an existing or former Client who has had notice of these Terms and Conditions; these Terms and Conditions shall apply equally to an order given and accepted.

In the case of the Company accepting an order verbally, the Client shall confirm such an order in writing as soon as practicable. In the absence of written confirmation, the Company will not accept liability for any error in executing the order. Any work completed on the order will be billable.

Copyright is retained by the Company on all design work including words, pictures, ideas, visuals unless specifically released in writing and after all costs have been settled. The Company accepts no responsibility for text, images, artwork or any other content provided by the Client.

If a choice of design is presented, only one solution is deemed to be given by the Company as fulfilling the contract. All other designs remain the property of the Company, or rightful copyright or trademark owner unless agreed in writing that this arrangement has been changed.

All charges and prices for services carried out by the Company are subject to VAT (where applicable) at the current rate.

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form.

Acceptance of Services
The Company will provide the Client with an Estimate, all estimated prices quoted, whether written or verbal, are for the listed or mentioned services only. If the Client wishes to proceed, the Company reserves the right to request 50% of the quoted fee in advance of commencement. Work will not commence until the Company has received this amount. Any additional services required to complete the project will be quoted in advance and charged accordingly. Print buying, distribution, storage, deliveries and mailings are additional.

Estimates are based on our knowledge and understanding of the Clients requirements. If we become aware that the project to be delivered varies significantly from the prevailing understanding we will inform the Client at the earliest reasonable opportunity. Any such variations may affect the scope delivery schedule and or cost of the project. In the event that an estimate is made and accepted but the briefing did not specify fully the type or level of work required the Company reserves the right to notify the Client accordingly and to charge for additional work done which was not indicated in the original briefing given.

Acceptance of this estimate may be received via email and therefore would not require a written signature. The Client agrees to submit the Company with all the necessary materials, electronic or otherwise, required to create and complete the Services, and to supply them in a timely manner, failure to this will result in the Company raising an invoice for work to date.

All projects are planned to an agreed schedule. Non-adherence to this schedule by the Client may result in compromising final delivery deadlines. If this is likely to occur, the Company will advise the Client as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs. Whilst every effort will be made to achieve agreed delivery, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Company’s control, (without limiting the foregoing), Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply, Lockout or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

The Company cannot guarantee the Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore the Company 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.

The Company will have a lien over any product, data or materials if all payments due from you have not been paid and cleared in full within one month from the date of the invoice. We reserve the right to withhold the supply of goods.

Where there is a change of brief, the Company will inform the Client in advance of any extra costs likely to be incurred.

All work is billed either monthly or on completion of the project stage, or the relevant hourly charge as previously agreed. A signed purchase order (preferably with a PO number and project value) will need to be raised for the full quoted and agreed amount before work can commence on any job. A separate PO may need to be raised for any additional services.

The Company 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.

The Company reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. 

The Company reserves the right to make additional charges when completion of an order is requested/required in less than normal delivery time for the type of work ordered.

Design Process (print and digital)
The Design Process will vary depending on the size of the project and how it evolves. It is broken down into four stages. The Client agrees to sign-off at the end of each stage before the Company proceeds to the next.

Stage 1 – Purpose meeting and briefing agreement
Stage 2 – Design concepts
Stage 3 – Design development
Stage 4 – Final production or supply of print-ready artwork

Alterations, Amendments, Revisions and Changes
The Client agrees that changes over and above the estimated work, or required to be carried out after acceptance of the draft design, will be liable to a separate charge at the current rate. The Client further agrees that the Company accepts no responsibility for any amendments made by any third party, before or after a design is published.

Once final proofs/materials have been signed off, the Company cannot be held responsible financially or otherwise for any errors relating to print or any end product.

Digital Design Only
The Company will provide the customer with the opportunity to review the resulting work once the project is completed. The Company will make one set of minor changes at no extra cost within five working days of the start of the review period. Minor changes include small textual changes and small adjustments to the placement of items on the page. It does not include changes to images, layout, colour schemes or any navigation features. Any minor changes can be notified to The Company by email or confirmed by post.

The Company will consider that the Client has accepted the completed project if no notification of changes is received in writing within five working days of the start of the review period.

Print
Where the Client has commissioned their own printer the Company will provide standard artwork which is set to a default specification. If the Client requires additional specifications these will be chargeable. The Company accepts no responsibility for the outcome of any print that the Client has commissioned themselves whatever the cause for the outcome. The Company may offer print buying as a service but accepts no liability whatever the cause for the outcome.

Data Formats
Text is to be supplied in one file to the Company in electronic format as standard text (.txt), MS Word (.doc) via email or approved file transfer service. Images which are supplied in electronic format are to be provided in a format as prescribed by the Company via email or approved file transfer service. Images must be of a quality suitable for use without any subsequent image processing and the Company will not be held responsible for any image quality which the Client later deems to be unacceptable. The Company cannot be held responsible for the quality of any images that have been scanned. Additional expenses may be incurred by the Company for any necessary action including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry Services. Such costs, including a service charge, will be borne by the Client.

Duration of Services
Estimated Services duration should be deemed to be from the date that cleared funds are received by the Company for the initial payment or by a date confirmed in writing by the Company. The Company will use reasonable efforts to complete the work within an estimated timescale.

Meetings
Travelling time will be charged on a time charge basis at the Company’s current rate. All meetings called by the Client will be chargeable at the Company’s current rate hourly rate from base to base.

Design, Print & Production Liability
Where original materials are submitted to the Company in the form of computer disks or any other electronic or digital erasable media it shall be the responsibility of the Client to maintain their own master copy independently of the material submitted.

Whilst taking every care to protect all media and correspondence supplied, the Company cannot accept liability or be held responsible financially or otherwise for any loss. Disputes will not be entered into.

Delivery
Where and when applicable the Company will charge for postage, package and delivery. The carrier shall be deemed to be the agent of the Client and the Company shall not be liable for any loss or damage occurring while the completed materials are in transit. 

The Client shall inspect the completed materials on receipt and shall within five working days of delivery notify the Company of any alleged defect, shortfall in quantity, damage or failure to comply with description or sample. If the Client so notifies the Company it shall return the completed materials together with all associated paperwork and packaging within seven working days of said notification. If the Client shall fail to notify the Company the completed materials shall be conclusively presumed to be in accordance with the Service and free from any defect or damage which would be apparent on a reasonable examination of the completed materials and the Client shall be deemed to have accepted the completed materials.

Original Work
Where the terms of the order require the Company to create original works the copyright in such and image(s) shall be the property of the Company in accordance with the Copyright, Designs and Patents Act 1988. The Company shall grant to the Client at no additional charge a licence to reproduce the images in non-photographic form in any quantity and in any part of the world for a period of three years from the date of the invoice. Any digital reproduction shall be carried out only by the Company. Any extension to the licence beyond the three year period shall be subject to negotiation and further agreement between the Client and the Company.

All materials on which original works are created by the Company shall remain the property of the Company and the Company undertakes to file and store all such original materials safely and to make them available for future reproduction. Where the Company gives possession of original materials to the Client such material shall nevertheless remain the property of the Company and shall be given to the Client on free loan for the duration of the copyright license. Prints (whether from negatives, transparencies or digital files) will become and remain the property of the Client subject to all outstanding payments having been received. However, the Client acknowledges that ownership of any physical materials such as prints, transparencies or digital files/disks does not imply ownership of the copyright of the images on them or any right to reproduce or authorise the reproduction of any such images by any means.

Artwork
All artwork produced by the Company shall remain the property of the Company even after full payment is received on the order. If the Client wishes to receive a copy of the artwork the Company shall provide free of charge a high resolution, print-ready pdf. When completing an order for brand identity the Company shall supply the client a copy of said identity in the following forms as part of the order only on receipt of payment. 

• A full-colour high-resolution .eps.

• A full-colour high-resolution .jpg.

• A full-colour high-resolution .png.

• A white-out .eps.

• A white-out .png.

Copyrights and Trademarks
By supplying text, images and other data to the Company the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner. Any artwork, images or text supplied and/or designed by the Company on behalf of the Client, will remain the property of the Company and/or its suppliers. The Company asserts the right to be identified as the author of the artistic work contained in the Services provided.

By supplying images, text, or other data to the Company the Client grants the Company permission to use this material freely in the pursuit of the design. Should the Client or the Company submit an image, text, audio clip or any other medium believing it to be copyright and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will agree to allow the Company to remove and/or replace the file. The Client agrees to fully indemnify and hold the Company free from harm in any and all claims resulting from the Client not having obtained all the required copyright, and/or any other necessary provisions.

The client acknowledges that the breach of copyright in the course of trade or business is both a civil and criminal offence under the terms of the Copyright, Designs and Patents Act 1988.

Rights of Refusal
The Company will not include in its designs any text, images or other material that it deems to be immoral, offensive, or illegal. All advertising material must conform to all standards laid down by the relevant standards authorities.

Cancellation
In the event that the Client wishes to cancel the Agreement, the Client agrees to provide one week’s notice in writing to the Company. The Client will be invoiced for all work completed to date plus, but not limited to, any cancellation charges necessarily incurred via third parties or others involved in the Services and contracted to the Company. In the event a Client wishes to cancel artwork booked into the Company’s studio within 48 hours of the confirmed start date, the Client is subject to charges dependent on the Company's discretion. If work is suspended on a project for 30 days, the Company will assume the project has been cancelled and the Client will be invoiced for work done to date.

Disclaimer
Except in the case of death or personal injury caused by the Company’s negligence, our liability under or in connection with this Agreement, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed the cost of the services provided by the Company under this Agreement. The Company reserves the right to use sub-contractors, agents and companies and any work, content, Services and usage is bound by their terms and conditions. The Company will not knowingly perform any actions to contravene these and the Client also agrees to be so bound. The Client, in respect of any work in connection with the Services performed or to be performed by any person other than the Company, shall hold such person responsible for the competence and performance of the Services.

Estimates
All Estimates given by the Company will be valid for 30 days from the date of the Estimate. If the Client’s final order changes from the original Estimate the Company reserves the right to vary the Estimate or decline to re-estimate.

All estimates are in GB Pounds. Goods and services supplied to and from other countries will be calculated at the current rate of the other currency at the time of the event. The Company reserves the right to pass on to the Client exchange rate fluctuations in excess of 1% of the rate shown at the date payment is made or received.

Payment
The Client will endeavour to settle invoices from the Company as soon as they are received but by the latest 30 days from the date of issue. Any Client concerns regarding the invoice must be submitted to the Company in writing within five working days of the invoice date. If no communication from the Client is received via email or post within five working days from invoice, the full invoice amount will be due. Should full payment not be received within 30 days after the Client’s receipt of an account from the Company the sum outstanding shall bear interest in accordance with the Late Payments of Commercial Debts (Interest) Regulations 2002, where the regulations apply, and interest equivalent to the Bank of England base rate plus 8% will be applied and work on the Services to be provided may be suspended until full payment is received. If payment is still not received six months from invoice date, a £50 late payment fee will be applied to the invoice total and recovery proceedings will commence. The Client agrees to pay the Company all legal expenses and third party payment collection fees in the enforcement of these terms and conditions.

Default
The Company reserves the right to consider an account in default if it remains unpaid for more than 30 days from the date of invoice, or following a returned cheque. Following those events, the Company shall be entitled to access the client’s premises and remove its material, and/or the Client’s material, from any or all computer systems until the amount due has been paid in full and the Client will indemnify the Company from the costs of so doing. This removal may include, but is not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the Client of obligation to pay the due amount. For accounts remaining in default the Client agrees to pay the Company all legal expenses and third party payment collection fees in the enforcement of these terms and conditions.

Notices
Any notice to be given to either party to the other may be served by email, personal service or by post to the address of the other party and will be deemed to have been received by the other party on the same day that the email is sent, or the same day the notice is personally delivered, or the day the notice arrives in the post.

Entire Agreement
These Terms and Conditions, together with the Estimate and the Agreement, contain the entire Agreement between the parties.

No Third Parties
Nothing in this Agreement is intended to, nor shall it confer, any rights on a third party.

Data Protection
In signing the Agreement, you authorise us to retain your details and we reserve the right to disclose these details to a third party should this be necessary to complete our obligations under this Agreement or in the event of non-payment of any sums due. Other than as already stated, we will not release your details. More details on how we use and store your personal details can be read in our Privacy Policy and GDPR Policy.

The Agreement
If any part of this Agreement is found to be invalid or unenforceable, then the remainder of these Terms & Conditions will not be affected but will remain valid and enforceable. This Agreement shall in all respects be governed by English Law and shall be deemed to have been made in England and both parties agree to submit to the nonexclusive jurisdiction of the English Courts. The entire agreement comprises the signed Agreement, the Estimate, and these Terms and Conditions.