STANDARD TERMS OF BUSINESS – CO2 DESIGN LIMITED – 2015
CO2 Design Ltd are committed to providing a high quality professional service at reasonable cost – and expect to have satisfied clients as a result. We believe that it is important to set out clearly what you can expect of us and what we will ask of you in return. These terms of business apply to all work carried out for you by CO2 Design Ltd.
In acting for you, we rely on you to provide us with all relevant information. We also rely on you to advise us as soon as possible of any change in circumstances which might affect the business in hand.
On receiving your instructions, we will tell you the name of the director who will have overall responsibility for the conduct of that particular piece of business. That director will, in consultation with you, exercise his or her judgement to determine the appropriate grade of staff to carry out the work in an efficient and cost-effective manner.
We will keep you informed of the progress of your business but you should feel free to contact us with any questions you may have at any time. If your usual contact is unavailable, you should contact the director with overall responsibility for your matter.
David Atkinson is the managing director of CO2 Design Ltd and he will deal with any concern or complaint you have that you cannot resolve with the responsible director.
We provide a comprehensive range of commercial services
Skill and Care
We will use reasonable skill and care in the provision of the services.
Confirmation of Order – Billing & Payment Terms
Our payment terms are 1/3rd from receipt of order followed by the second payment from approved design & final payment from delivery. All invoices are due and payable upon receipt and must be paid NO LATER THAN NET 30 Days unless otherwise specified in the contract. All invoices overdue past NET 30 will be sent to collections promptly. CO2 Design Ltd accepts a verbal order from the client ,CO2 Design will not be held responsible for any mistakes (made by either party) arising from that verbal order.
Instructions should preferably be sent in writing or at least confirmed in writing – that is by letter, fax or e-mail. If you instruct us by telephone or in a meeting, any written communication sent by us confirming the instructions will be deemed to set out accurately the instructions given unless you write immediately in contradiction. By acceptance of these conditions you are deemed to consent to communication by fax and/or e-mail. We will need you to identify to us any limitation in the number or identity of your company officers who are authorised to pass instructions to us (companies only).
If there is a conflict of interest in transacting your business, we will tell you as soon as possible. We may need to decline your instructions if there is such a conflict.
Our charges are governed by the rules of our profession and will be fair and reasonable having regard to all the circumstances of the case, taking into account particular factors such as the complexity of the matter, the skill and responsibility involved, the time spent by us and the value of any transaction involved. Our minimum charge period is 30 minutes and time thereafter is charged incrementally in 30 minute blocks. These rates are reviewed annually to reflect changes in the underlying costs of running our business and any work we carry out for you will be charged at the rates prevailing at the relevant time. VAT (where applicable) and expenses incurred by us to third parties in connection with your business will be added to our charges.
Price and payment
Each of our fee notes (which will be denominated & payable in sterling) must be settled, in full, immediately following your receipt of it or within a predetermined credit limit period. If it is not, we shall be entitled to charge interest on it (on a daily basis) on the full amount due at Bank of Scotland base rate plus 8% and that from the date of invoice until payment (including accrued interest) is made in full. CO2 Design Ltd reserves the right to add interest to any account outstanding after 30 days up to the maximum permitted by legislation. CO2 Design Ltd will invoice the client after 28 days if feedback is not received to progress the clients project. All digital files remain the property and copyright of CO2 Design Ltd. The client will pay any expenses incurred by CO2 Design Ltd in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
Estimates assume that the copy, text, pictures, graphs, pie charts, tables and other illustrations received from the client are final and require no further amendment. It is, however, often difficult or even impossible to predict precisely how long we will take and how much work will be involved. In such cases, our estimate of charges will be based on previous experience of similar matters but will not be contractually binding. Whenever an estimate or an indication is given, it will be stated exclusive of VAT unless expressly stated in writing to be inclusive. CO2 Design Ltd will not touch up, improve or otherwise alter illustrations or graphs etc supplied by the client unless specifically requested to. Our hourly rates will apply in all such cases. Estimates assume that there will be a maximum of two sets of proofs and amendments/corrections for all work. Excessive authors amendments (in excess of two sets of proofs/changes) will be charged out at our hourly rate. All estimates given by CO2 Design Ltd will be valid for 28 days from the date of estimate. If the client’s final order changes from the original specification made for the quotation, CO2 Design Ltd reserves the right to vary the estimate.
It is not the policy of the company to give discounts, refunds or partial refunds.
Should client or designer stop the project at any time during the development period, CO2 Design Ltd will invoice for work completed up to the point of termination. Fees may apply as determined by CO2 Design Ltd.
Default in Payment
The Client shall assume responsibility for all collection and legal fees necessitated by default in payment.
If there is a situation whereby the cost part of the project has gone over budget we will act on accordingly and have the right to increase.
There will be an initial design fee for the creation of the website followed by a cost per page which will be noted and signed by both parties prior to proceeding. Web programming & graphics not paid for within 30 days of invoice will be removed from Client website until payment is received. All websites designed and programmed by CO2 Design Ltd are subject to a ‘domain lock’ and will only be released at a fee of £280.00+VAT
We give no warranty or representation that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name. We do not accept resposibility for re-registering domain names and/or for ensuring that the domain name will continue to be available.
We shall be entitled to withhold the release of any domain name to another provider or “tag holder” unless full payment of all amounts due to us at that time for whatever reason has been received by us. If payment is not received for any domain name CO2 Design may delete or retain the domain for further sale.
Contingency costs cover elements of the project not covered by the contract and may include: Rush charges for projects with quick deadlines Charges for changes to the project outside the contractually defined scope.
It is up to the client to set themselves realistic timescales for the production of graphic design and/or printed work. As well as weekends, national holidays and the constraints of normal office hours, there are elements of the creative process which cannot be fast-tracked (such as drying times, reprographics, folding, delivery times etc). Where quoted, turnaround times are normal target times only and CO2 Design Ltd accepts no liability for failure to meet these times, but will always use its best endeavours to do so. Where a client misses a time critical deadlines, this may result in their work missing printing slots booked on a client’s behalf. This will usually result in missed delivery deadlines. We will use our best endeavours to minim se the adverse impact of missed deadlines – but the onus is on the client to meet agreed deadlines in the first place.
If any items of work including prints and original files belonging to a client are not collected after 12 months of the requested work being done, CO2 Design Ltd reserve the right to dispose of such material.
Copyright, moral rights and consents
CO2 Design Ltd claims no copyright in material submitted to us for the purposes of fulfilling the clients instruction. Ownership of all digital files remain the property of CO2 Design Ltd and shall not be reproduced, copied or duplicated without written consent from a director of CO2 Design Ltd. CO2 Design Ltd own the copyright to all digital files they produce. The client warrants that the client owns or controls all rights, has obtained all copyright, or has permissions, consents and waivers that as are now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by CO2 Design Ltd. The client also warrants that no copyright or moral rights will be infringed by CO2 Design Ltd carrying out the requested work. The client agrees to indemnify CO2 Design Ltd against all losses, damages, claims or expenses which CO2 Design Ltd may incur by virtue of any breach of the above warranties. Clients should obtain the consent of any adult or, in the case of children, from the guardian or parent of the child, for the use, reproduction and/or printing of any photograph featuring that person. CO2 Design Ltd cannot be held liable for any infringement of privacy, or any damages arising from, the use of such photographs.
The client must contact CO2 Design Ltd, concerning the details of any CO2 Design Ltd invoice, or any complaint, within 7 days of the date of the invoice. Letters of complaint should be on the client’s headed notepaper and signed on behalf of the client by a Director of the firm, charity or organisation. Where it is mutually agreed that sub-standard work should be reprinted in whole or part, the client should arrange for all items to be returned, completely in unopened boxes. The use by the client of any items which he/she regards as sub-standard will be deemed by CO2 Design Ltd as acceptance by the client that the item is fit for use and full repayment will be expected. CO2 Design Ltd’s liability to the client or any other party for the loss including theft, or destruction or damage to any materials provided by the client which are deposited with CO2 Design Ltd for whatever reason;- Will be limited to the replacement cost of the actual material and; CO2 Design Ltd will not be liable for the cost of re-shooting or reprinting the material contained on the material and; CO2 Design Ltd will not be liable for any loss or damage to the client or any other party including loss of income and; It is the clients responsibility to insure against such loss and damage. CO2 Design Ltd will not be liable for failing to complete any contract between CO2 Design Ltd and the client due to circumstances beyond CO2 Design Ltd’ control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.
It is an important rule governing our profession to keep confidential all client matters. We shall do so unless you authorise us to reveal those matters or we are obliged to do so by operation of law or order of the court.
Security and Lien
We will secure and keep secure all documents relating to you/your company and your operations which come into our possession during or because of our engagement by you. If any bill rendered to you is not paid, we may exercise our right of lien over your papers until all sums due have been paid.
We will not be responsible for the consequences of, and shall not be liable for, any loss caused to you or any third party arising from any misleading, incomplete or erroneous instructions or information given by you or where information or instructions are not given timeously. In respect of a claim by such a third party in such circumstances, you will wholly indemnify us in respect of that claim.
These terms may be changes, amended or altered in part, or in full, without warning by CO2 Design Ltd. It is the responsibility of the client, and his/her staff, to read and understand these terms and conditions.
These terms and conditions shall be governed by Scots law and are subject to the exclusive jurisdiction of the Scottish courts.