Graphic Design

Last Updated 5th April 2011

The following Terms and Conditions of Service apply to all products and services provided by Trendy Web Design and or Trendy Print, which hare both part of Trendy Design Co.

All work is carried out by Trendy Design Co on the understanding that the client has agreed to Trendy Design Co’s Graphic Design's terms and conditions.

Copyright is retained by Trendy Design Co on all design work including words, pictures, ideas, visuals and illustrations (unless specifically released in writing) and after all costs have been settled.

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

Project Acceptance
At the time of proposal, Trendy Design Co will provide the customer with a written estimate or quotation.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Trendy Design Co. Alternatively, the client may send an official order  (via email) in reply to the estimate or quotation which binds the client to accept Trendy Design Co’s terms and conditions. No work on a project will commence until either document has been received by Trendy Design Co.

Design Charges
Charges for design services to be provided by Trendy Design Co, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Trendy Design Co has received this amount.

Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment
The customer will be provided with an Approval Form (pdf or jpg proof) and 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 approve  and return the Approval Form or email to Trendy Design Co. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.

Payments may be made by cash, cheque, or (for overseas customers), Pound Sterling International Money Order or previously agreed electronic funds transfer.

Publication and/or release of work done by Trendy Design Co on behalf of the client, will not take place before cleared funds have been received.

Returned cheques will incur an additional fee of £50 per returned cheque. Trendy Design Co reserves the right to consider an account to be in default in the event of a returned cheque.

Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Trendy Design Co shall be considered entitled to remove Trendy Design Co ‘s and/or the customer'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, including, but 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 customer of it's obligation to pay the due amount. Customers whose accounts become default agree to pay Trendy Design Co reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks
By supplying text, images and other data to Trendy Design Co for inclusion in the customer's website or other design medium (leaflet, stationary etc), the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by Trendy Design Co on behalf of the customer, will remain the property of Trendy Design Co and/or it's suppliers.

The customer may request in writing from Trendy Design Co, the necessary permission to use materials (for which Trendy Design Co holds the copyright) in forms other than for which it was originally supplied, and Trendy Design Co may, at it's discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to Trendy Design Co, the customer grants Trendy Design Co permission to use this material freely in the pursuit of the design.

Should Trendy Design Co, 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 Trendy Design Co to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold Trendy Design Co 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.

Alterations
The customer agrees that changes required 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.

The customer also agrees that Trendy Design Co holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing
Any design, copywriting, drawing, idea or code created for the customer by Trendy Design Co, or any of it's 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 Trendy Design Co and any of it's relevant sub-contractors.

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. Trendy Design Co will not be held responsible for any and all damages resulting from such claims. Trendy Design Co is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Trendy Design Co responsible for any such loss or damage. Any claim against Trendy Design Co shall be limited to the relevant fee(s) paid by the customer.

Data Formats
The client agrees to Trendy Design Co definition of acceptable means of supplying data to the company.

Text is to be supplied to Trendy Design Co in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail.

Images which are supplied in an electronic format are to be provided in a format as prescribed by Trendy Design Co via CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Trendy Design Co will not be held responsible for any image quality which the client later deems to be unacceptable. Trendy Design Co cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

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.

Design Project Duration
Any indication given Trendy Design Co of a design project's duration is to be considered by the customer to be an estimation. Trendy Design Co 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 Trendy Design Co for the initial payment or by date confirmed in writing by Trendy Design Co.

Rights of Access for Website Construction
The client agrees to allow Trendy Design Co all necessary access to computer systems and other locations, as required, in order to complete a project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Trendy Design Co access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The customer agrees to supply Trendy Design Co with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion
Trendy Design Co considers the design project complete upon receipt of the customer's signed Approval form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

Design Credits
The customer agrees to allow Trendy Design Co to place a small credit on printed material, exhibition displays, advertisements and/or a link to Trendy Design Co's 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.

The customer also agrees to allow Trendy Design Co to place websites and other designs, along with a link to the client's site on Trendy Design Co's own website for demonstration purposes and to use any designs in its own publicity.

Rights of Refusal
Trendy Design Co will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Trendy Design Co also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Trendy Design Co does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Trendy Design Co to remove the contravention without hindrance, or penalty. Trendy Design Co is to be held in no way responsible for any such data being included.

Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Trendy Design Co will need formal notification in writing to the company's postal address. The client will then be invoiced for all work completed 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. Please note: any cancellation which is not formally confirmed in writing and received by Trendy Design Co within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer
Trendy Design Co makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Trendy Design Co will not be held responsible for any and all damages resulting from products and/or services it supplies. Trendy Design Co 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. The customer agrees not to hold Trendy Design Co responsible for any such loss or damage. Any claim against Trendy Design Co shall be limited to the relevant fee(s) paid by the customer.

Trendy Design Co 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. Trendy Design Co will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Trendy Design Co 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. Trendy Design Co 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.

General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Trendy Design Co reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Trendy Design Co and validated by the customer's signature on the estimate or quotation form, 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 Trendy Design Co.