TERMS & CONDITIONS
The fine print…
M. Design Co Terms & Conditions
The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by M Design Co
All design work is carried out by M Design CO on the understanding that the client has agreed to abide by M Design Co’s terms and conditions.
Copyright of all graphic design work is retained by M Design Co. including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by M Design Co as fulfilling the contract. All other artwork designs remain the property of M Design Co, unless agreed in writing.
At the time of proposal, M Design Co will provide the customer with a written estimate or quotation by post or email as requested.
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 M Design Co by email or post. Alternatively, any payment towards the invoice issued for work, including the deposit binds the client to accept M Design Co's terms and conditions. No work on a project will commence until either document has been received by M Design Co.
No design work will be carried out without at least a 35% deposit. Payment terms will be agreed on an individual basis.
Charges for Other Services
Charges for any additional services over and above the estimated design, will be made known to the client. They will become fully payable at the time of project acceptance, with the exception of costs relating to print which can be paid at the end of the design period.
You will be issued with an invoice which can be paid by credit or debit card. Bank transfer or PayPal is also accepted. Final payment is due within 10 working days of receipt of your invoice
Payments are considered late at 30 days after the invoice date and interest will be charged at 8% plus the bank of England base rate. This will be calculated on a daily basis and added to your invoice each week.
By supplying text, images and other data to M Design Co for inclusion in the customer’s brochure or other medium, 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 M Design Co on behalf of the customer, will remain the property of M Design Co and/or it’s suppliers, in which full copyright will be passed to the client upon receipt of full payment.
By supplying images, text, or any other data to M Design Co the customer grants M Design Co permission to use this material freely in the pursuit of the design and to utilise the designs in M Design Co's portfolio unless agreed otherwise.
Should M 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 M Design Co to remove and/or replace the file.
The customer agrees to fully indemnify and hold M 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.
ALL design work remains the intellectual property of M Design Co until your final invoice is paid and MUST NOT be used by the client or anyone other than M Design Co employees in any capacity prior to this.
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. Adhoc work is charged on a hourly basis of £50p/h with a minimum charge of £50
The customer also agrees that M Design Co holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by M 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 M Design Co and any of it’s relevant sub-contractors.
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. M Design Co will not be held responsible for any and all damages resulting from such claims. M 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 M Design Co responsible for any such loss or damage. Any claim against M Design Co shall be limited to the relevant fee(s) paid by the customer.
The client agrees to M Design Co's definition of acceptable means of supplying data to the company.
Text is to be supplied to M Design Co in electronic format as standard text (.txt), MS Word (.doc) on, USB data stick, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by M Design Co via USB, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and M Design Co will not be held responsible for any image quality which the client later deems to be unacceptable. M 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 by M Design Co of a design project’s duration is to be considered by the customer to be an estimation. M Design Co cannot be held responsible for any project over-runs, whatever the cause. M Design Co reserves the right to bill the client on a monthly basis for any projects exceeding 30 days for the amount of any work already completed plus 30% of the costs of work still pending. This is to ensure M Design Co staff are paid in a reasonable time for their design services.
Design Project Completion
M Design Co considers the design project complete upon receipt of the customer’s sign off.
The customer also agrees to allow M Design Co to place all designs on M Design Co’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
M 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. M Design Co also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that M 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 M Design Co to remove the contravention without hindrance, or penalty. M Design Co is to be held in no way responsible for any such data being included.
Should you wish to cancel once the design process has begun you may do so, but once the initial design concepts have been provided to you and work has begun on your initial draft charges may be incurred and any work completed will remain the property of M Design Co. Cancellation of orders should be made in writing.
M Design Co reserves the right to make judgements based on time invested in a design and make any additional charges accordingly.
If we do not hear from you for more than 30 days, and have not received any formal cancellation from you, M Design Co will assume cancellation and issue a final invoice for any works completed. Only completed files will become the property of the client and any 'work in progress' files (and all rights to) will remain the property of M Design Co. M Design Co retains the right to cancel or curtail any project where the working relationship may have become strained or unsatisfactory to either party, subject to appropriate efforts to 'make good' the relationship.
M Design Co makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. M Design Co will not be held responsible for any and all damages resulting from products and/or services it supplies. M 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 M Design Co responsible for any such loss or damage. Any claim against M Design Co shall be limited to the relevant fee(s) paid by the customer.
M 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. M Design Co will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. M 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 M Design Co and validated by the customer’s signature on the estimate or quotation, 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 M Design Co.