The following Terms and Conditions apply to all design, creative and marketing products and services provided by Nick Price Creatives.
1. Intellectual Property
1.1 All work is carried out by Nick Price Creatives on the understanding that the client has agreed to the Design Terms & Conditions.
1.2 Copyright is retained by Nick Price Creatives on all design work including words, slogans, pictures, ideas, visuals, photographs and illustrations unless specifically released in writing and after all costs have been settled.
1.3 If a choice of design is presented, only one solution is deemed to be given by as fulfilling the contract and the remaining designs are the property of Nick Price Creatives, unless agreed in writing that this arrangement has been changed.
2. Design Process
2.1 We provide estimates these are the estimated prices and are not official quotations.
2.2 At the time of proposal, Nick Price Creatives will provide the client with an fixed priced quotation with an expiry date set 30 days from leaving our system.
2.3 We accept approval of the quotation/proposal to commence work via electronic notification or verbal agreement from the client.
2.4 Once we have received the approval/payment each job booked in is based on a queue system and under no circumstances will jobs jump others irrelevant of the cost implications.
3. Design Charges
3.1 Charges for design services and third party content should it be required will be provided by Nick Price Creatives in the quotation/proposal that is provided to the client. Third party services may require Nick Price Creatives to pay VAT, which will be added to the clients invoice as an expense. This VAT cannot be claimed by the client.
3.2 At the time of the client's acceptance of the quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% will become immediately due via invoice on orders over £250.
3.3 Work on the project will not commence until Nick Price Creatives has received the deposit amount as specified in the invoice.
3.4 The remaining balance of the project will become immediately due via invoice upon completion of the work prior to the release of materials.
3.5 All work provided to the client by Nick Price Creatives is under copyright until the final balance has been cleared.
4. Design Source Files
4.1 Included in the quotation are the files relating to the final outcome, these include; .jpg, and/or .pdf where applicable. HTML files are posted directly online.
4.2 Charges for design work do not cover the release of copyright for the core design files such as .indd, .psd, .ai and .eps, they are subject to a separate quotation or ‘buy-out’ charge unless agreed otherwise. Original (hand drawn) illustrations are available by separate quotation. The release of RAW photographs are not included in any design quotation.
5. Additional Charges
5.1 Charges for any additional services over and above the original quotation/proposal will become fully payable at the time of additional quotation/proposal acceptance.
6. Payment
6.1 All payments requested by Nick Price Creatives will be send via electronic notification or letter in the form of an invoice. Upon receiving the invoice, the total amount will become due.
6.2 No further work or release of files will commence until the balance has been paid in full.
6.3 Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 3.5% per month plus £25 administration fee of the outstanding amount.
6.4 We accept payments via BACS or Cheque made payable to Nick Price Creatives as stated on the bottom of the invoice.
6.5 Overseas clients will be quoted and charged at the Pound Sterling exchange rate applicable. It is the responsibility of the client to make the payment in GBP and Nick Price Creatives take no responsibility in the fluctuation of international exchange rates.
6.6 Returned cheque’s will incur an additional fee of £50 per returned cheque. Nick Price Creatives reserves the right to consider an account to be in default in the event of a returned cheque.
7. Default
7.1 An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque.
7.2 Nick Price Creatives shall be considered entitled to remove the client's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services.
7.3 Removal of the materials does not relieve the client of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Nick Price Creatives reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
8. Copyright & Trademarks
8.1 By supplying text, images and other data to Nick Price Creatives for inclusion in the client's design, 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.
8.2 Any artwork, images, or text supplied and/or designed by Nick Price Creatives on behalf of the client, will remain the property of Nick Price Creatives and/or its suppliers.
8.3 The client may request in writing from Nick Price Creatives, the necessary permission to use materials (for which Nick Price Creatives holds the copyright) in forms other than for which it was originally supplied, and Nick Price Creatives may, at its discretion, grant this.
8.4 By supplying images, text, or any other data to Nick Price Creatives, the client grants Nick Price Creatives permission to use this material freely in the pursuit of the design, promotion or exposure.
8.5 Should Nick Price Creatives, or the client supply an image, text, audio clip or any other file for use in a multimedia presentation, print item, exhibition, advertisement, branding project 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 Nick Price Creatives to remove and/or replace the file.
8.6 The client agrees to fully indemnify and hold Nick Price Creatives free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
9. Alterations
9.1 The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the design will be liable to a separate charge.
9.2 The client also agrees that Nick Price Creatives holds no responsibility for any amendments made by any third party, before or after a design is published.
10. Licensing
10.1 Any design, copywriting, drawing, idea or code created for the client by Nick Price Creatives or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Nick Price Creatives.
10.2 All design work - where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Nick Price Creatives will not be held responsible for any and all damages resulting from such claims.
10.3 Nick Price Creatives is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Nick Price Creatives responsible for any such loss or damage. Any claim against Nick Price Creatives shall be limited to the relevant fee(s) paid by the client.
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11. Data Formats
11.1 Nick Price Creatives cannot be held responsible for the quality of any images which the client has supplied. Nick Price Creatives will not be held responsible for any image quality, supplied by the client, which the client later deems to be unacceptable.
11.2 Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.
12. Project Duration
12.1 Any indication given by Nick Price Creatives of a design project's duration is to be considered by the client to be an estimation. Nick Price Creatives cannot be held responsible if any project over-runs, whatever the cause.
12.2 Estimated project duration stated in the quotation/proposal should be deemed to be from the date that cleared funds are received by Nick Price Creatives for the initial payment/deposit.
13. Project Completion
13.1 Nick Price Creatives considers a project complete upon receipt of the client's approval, either verbal or written. Additional services such as printing, ongoing advertising and retainer contact constitute a separate project and can be treated as a separate charge.
14. Design Credits
14.1 At the choice of Nick Price Creatives the client agrees to allow the use of their logo, brand, illustration, design or content on Nick Price Creatives’s own website, social media and promotional material. Nick Price Creatives may mention the name of the client and/or company name on Social Media should the client request and/or initiate a meeting irrespective of if the job then goes ahead or not.
14.2 Nick Price Creatives may post on the clients social media site on behalf of the client, representing the client or ‘Like’ an item on social media. Nick Price Creatives will never post or like anything deemed inappropriate or vulgar.
15. Rights & Refusal
15.1 Nick Price Creatives reserve the right to not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal.
15.2 All advertising material must conform to all standards laid down by all relevant advertising standards authorities to which Nick Price Creatives take no responsibility in.
15.3 Nick Price Creatives also reserves the right to refuse to include submitted material without giving reason.
15.4 In the situation where any images and/or data that Nick Price Creatives does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow Nick Price Creatives to remove the contravention at their cost.
16. Cancellation
16.1 Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Nick Price Creatives will need formal notification in writing.The client will then be invoiced for all work up until that point and any additional changes they have occurred over the project.
16.2 The balance of monies due must be paid within 30 days.
Please note: any cancellation which is not formally confirmed in writing and received by Nick Price Creatives within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
17. Disclaimer
17.1 Nick Price Creatives makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.
17.2 Nick Price Creatives will not be held responsible for any and all damages resulting from products and/or services it supplies.
17.3 Nick Price Creatives is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.
17.4 The client agrees not to hold Nick Price Creatives responsible for any such loss or damage. Any claim against Nick Price Creatives shall be limited to the relevant fee(s) paid by the client.
17.5 Nick Price Creatives reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions.
17.6 Nick Price Creatives will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
18. General
18.1 These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Nick Price Creatives reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
19 Domain Names and Hosting
19.1 Nick Price Creatives can register domain names on behalf of our clients. If Nick Price Creatives registers a client domain, the client will be the legal owner of the domain name upon full payment of the domain name and/or job. Upon domain renewal the domain name becomes the property of Nick Price Creatives until full payment, of the renewal, is met by the client.
If the domain name is registered by a company other than Nick Price Creatives, the client has full responsibility in making sure that the domain name is renewed when due and no reminder will be issued by Nick Price Creatives before the domain name expires. Transferring a domain name to Nick Price Creatives from another registrar is usually free or charge however there will be an admin fee of £25 to transfer a domain name away from Nick Price Creatives.
19.2 Nick Price Creatives reserve the right to suspend any website where the web hosting has expired and the client has not paid the renewal fee. Nick Price Creatives reserve the right to charge a £50 fee to re-activate any website taken offline due to non payment of hosting fees. Web hosting accounts not renewed after being suspended for 30 days will be permanently closed and all website files deleted.
20. Acceptance of Terms & Conditions and Quotations / Proposals
20.1 The placement of an order for design and/or any other services offered by Nick Price Creatives, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.
A payment, electronic notification and/or verbal agreement validated by the client constitutes acceptance of the quotation/proposal and agreement to comply fully with all the Terms and Conditions between the client and Nick Price Creatives.