Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by Anita Bhorla (hereinafter referred to as the Designer) and in the event of any dispute are governed by the laws of England.
All work is carried out by the Designer on the understanding that the client has agreed to these terms and conditions.
Copyright is retained by the Designer 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 designs is presented and one is chosen for your project, only that solution is deemed to be given by the Designer as fulfilling the contract. All other designs remain the property of the Designer, unless specifically agreed in writing.
Project Acceptance
At the time of proposal, the Designer will provide the client with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Designer’s website www.anitabhorla.com.
A copy of the written estimate or quotation is to be agreed by the client in writing to indicate acceptance.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept these terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the Designer’s Terms & Conditions are what govern the job, not any conditions on the client’s purchase order.
Design Charges
Charges for design services to be provided by the Designer will be set out in the written estimate or quotation that is provided to the client. At the time of the client’s written acceptance of the estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the client, all design services require an advance payment of a minimum of 50% percent of the project quotation total before the work commences or is supplied to the client for review. The remaining 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.
Source Files
The Designer will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request. PDF files are not locked so edits may be available to the client simply by using their own software.
Charges for design work do not cover the release of the Designer’s copyright design source files, including but not restricted to indd, psd, AI, png, jpg 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.
The ‘buy-out’ charge is fixed at 2.5x the final cost of the design, and not the original quotation, to cover the loss of future income as well as time to collect and prepare the documents for sale.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Copyrights and Trademarks
By supplying text, images and other data to the Designer for inclusion in the client’s website or other medium, 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 Designer on behalf of the client, will remain the property of the Designer and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the client solely for the project defined in the scope or request and not for any other purpose.
The client may request in writing from the Designer, the necessary permission to use materials (for which the Designer holds the copyright) in forms other than for which it was originally supplied, and the Designer 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.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not the Designer.
By supplying images, text, or any other data to the Designer, the client grants the Designer permission to use this material freely in the pursuit of the design.
Should the Designer, or the client 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 client will agree to allow the Designer to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold the Designer 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.
Alterations
The client agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The client also agrees that the Designer 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 client by the Designer, 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 the Designer.
All design work – where there is a risk that another party may 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.
The Designer will not be held responsible for any and all damages resulting from such claims.
The Designer is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold the Designer responsible for any such loss or damage.
Design Project Duration
Any indication given by the Designer of a design project’s duration is to be considered by the client to be an estimation. The Designer 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 the Designer for the initial payment or by date confirmed in writing by the Designer.
Payment terms
The client will pay in-full at the end of every stage in the project or at the end of every single project before work commences. The client agrees up-front payment on the first project completed for them by the Designer, and a 50% charge upfront for large projects. The remainder to be paid on final sign off. The client agrees payment terms on each invoice submitted of 30 days from the date on the invoice.
Any invoice queries must be submitted within 14 days of the invoice date.
Accounts which remain outstanding for 45 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.
Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card. Cheques are not accepted.
Publication and/or release of work done by the Designer on behalf of the client, may not take place before cleared funds have been received.
Default
An account shall be considered default if it remains unpaid for 45 days from the date of invoice. The Designer shall be 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, 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 client of its obligation to pay the due amount.
Client’s whose accounts become default agree to pay all the Designer ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Website design only
The Designer requires that a template is approved by the client before coding of a site commences. Once the template(s) for the web site are approved by the client, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, the Designer will provide the client with the opportunity to review the resulting work. The Designer will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to the Designer by e-mail.
The Designer will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.
Hosting websites
The Designer offers limited hosting services through an out-sourced virtual private server. The Designer does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
The Designer may request that clients change the type of hosting account used if that account is deemed by the Designer to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on the Designer’s virtual server are due at the commencement of any period of service and are non-refundable.
Fees due to third party hosting organisations are the responsibility of the client and the Designer is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the client / domain owner.
Domain Registration
The Designer cannot guarantee the availability of any domain name. Where the Designer is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration, unless confirmed in writing by the Designer. The client is responsible for each subsequent renewal not the Designer.
Rights of Access for Website Construction
The client agrees to allow the Designer all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The client also agrees to allow the Designer 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 client agrees to supply the Designer with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Websites and hosting
Many companies ask for Admin status on websites the Designer builds for them. This means they have shared control on the website. Under no circumstances whatsoever is the client to exclude the Designer from Admin status. Doing this entitles the Designer to terminate the site, roll back the site and/or end the business relationship with immediate effect. The client will be responsible for any incurred costs.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, the Designer cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. The Designer recommends that clients use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
Design Project Completion
The Designer considers the design project complete upon receipt of the client’s written confirmation of approval. Other services such as printing, display panel production, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and are to be treated as a separate charge.
Design Credits
The client agrees to allow the Designer to place a small credit on printed material exhibition displays, advertisements and/or a link to the Designer’s own website on the client’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 client also agrees to allow the Designer to place websites and other designs, along with a link to the client’s site on the Designer’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
The Designer 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. The Designer also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that the Designer does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow the Designer to remove the contravention without hindrance, or penalty. The Designer is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders must be made by formal notification in writing/email to the Designer. 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 the Designer within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
The Designer makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. The Designer will not be held responsible for any and all damages resulting from products and/or services it supplies. The Designer is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While the Designer takes reasonable steps to investigate the materials the Designer recommends, it accepts no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold the Designer responsible for any such loss or damage. Any claim against the Designer shall be limited to 50% of the relevant fee(s) paid by the client.
The Designer 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. The Designer will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
The Designer 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. The Designer recommends 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. The Designer reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by the Designer, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.anitabhorla.com.
An estimate or quotation validated by the client’s written confirmation to the estimate or quotation, 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 who is deemed to be duly authorised by the Client and the Designer.