It is mutually agreed that the following terms and conditions form an integral part of this contract and that no variation or modification shall be effective unless accepted by Sarah Bond Design in writing.
a. All orders under £150 require full payment upfront. For all orders over £150, a 50% non-refundable deposit is required upon booking.
b. Artwork is not released prior to the full balance being paid.
2. DEFAULT IN PAYMENT
The Client shall assume responsibility for cost outlays by Sarah Bond Design in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.
3. TIME & DEADLINES
a. Any timings given are for estimation purposes only unless the Client sets a required deadline. Sarah Bond Design will always keep the Client up to date on timing.
b. If a deadline is to be put in place please ensure you notify Sarah Bond Design of this before booking. Sarah Bond Design cannot be held responsible for any delays if deadlines are not mentioned in writing prior to booking.
c. Any delay in the completion of the design due to unforeseen illness, or events out Sarah Bond Design’s control will mean the project may be delayed. You will be notified if this is the case.
d. If after 3 days of any work being sent, Sarah Bond Design does not receive a response or communication from the Client, Sarah Bond Design cannot be held responsible for any delays in the completion of the design and/or overall project as a whole.
4. CLIENT RELATIONSHIP
Sarah Bond Design is acting as an Independent Contractor. Sarah Bond Design is not undertaking any artwork as any employee of the Client, nor entering into a joint venture of partnership with the Client. Sarah Bond Design reserves the right to seek advice or assistance when required.
a. The Client must assume that all additions, alterations, changes in content, layout or process changes requested by the customer, will alter the time and cost. The Client shall offer Sarah Bond Design the first opportunity to make any changes. Any changes made by Sarah Bond Design will be charged at her hourly rate of £40.
b. Changes made by Sarah Bond Design to a website design once the website has been launched and signed-off will be charged at her hourly rate of £40. This includes recovering any information or data lost due to client or host error.
The Client must assume that all expenses of, including but not limited to, stock imagery, fonts, digital items, printing and materials to be used within any design work created by Sarah Bond Design on behalf of the Client will be added to the final bill and fall on the responsibility of the Client for payment. Where any expenses are due to arise, Sarah Bond Design will provide the Client with a quote and will require written confirmation of acceptance before making any additional expenses.
7. DIGITAL STOCK, COPY & PHOTOGRAPHY
a. Costs of any digital stock, fonts, copywriting and/or photography is not included. The Client is responsible for supplying all content & imagery prior to the project commencing.
b. Should the Client request Sarah Bond Design sources digital stock, fonts and/or photography on their behalf, a sourcing fee of £40 per hour will be charged along with the full cost of the item(s). Sarah Bond Design will hold the licence for any digital stock, fonts or photograph purchased on behalf of the client.
c. Due to licensing restrictions, Sarah Bond Design is unable to provide font files for any fonts used within your final artwork. Should the client wish to use the fonts, the client is responsible for obtaining a licence for usage of the font and any fees involved in the purchase and/or licensing of the font.
d. Sarah Bond Design does not provide support for installing and use of fonts, digital stock and photography.
a. Cancellation By the Client You have the right to cancel your project at any stage of the design process. In the event of cancellation any monies paid prior to cancellation are non refundable and you will also be required to pay for any additional work that has been carried out prior to cancellation which has not been paid for.
Ownership of all copyrights and the original artwork shall be retained by the Sarah Bond Design. Any usage of the artwork created by Sarah Bond Design before or after the project being cancelled will result in appropriate legal action.
b. Cancellation By the Designer In the unlikely event of Sarah Bond Design not being able to complete the design due to illness or events out of her control, another professional & reputable designer will be recommended to complete the work. Sarah Bond Design reserves the right to cancel the project at any given time without prior notice.
9. RETURNS AND REFUNDS
Refunds and exchanges will only be made if the design is faulty or does not meet the specifications, excluding colour, of your order and are at the discretion of Sarah Bond Design.
a. Unless specified, all designs remain the Copyright of Sarah Bond Design.
b. Any design(s) not chosen by the Client shall remain the property of Sarah Bond Design.
c. Sarah Bond Design’s reserves the right to use any designs and photography featuring the designs within advertising material, magazines, website, blog or social media pages and consent is hereby given by the Client.
d. The Client is fully responsible for ensuring they have obtained full copyright or permissions to use any content in the artwork not provided by Sarah Bond Design. This includes but is not limited to all photography, fonts, copy and content, design elements and branding of other companies. Sarah Bond Design can not be held responsible for any legal action taken against the Client for unlawful use of any content within the design.
a. All proofreading is the Client’s responsibility. The Client should thoroughly proofread all information they intend to include in their artwork prior to sending to Sarah Bond Design to incorporate in their design.
b. A further proofread should be done once the Client has received the design. Any mistakes noticed after completion are not Sarah Bond Design’s responsibility. Any amendments will be charged at the hourly rate of £40 per hour.
a. Credit is not given for printing through Sarah Bond Design. All printing fees must be paid prior to any artwork being released for printing.
b. Colours of printed versions of your artwork may vary to that displayed on your screen and the overall finish may differ to that of artwork you have printed elsewhere. Sarah Bond Design cannot be held responsible for any variations in colour or quality.
c. All items to be printed through Sarah Bond Design shall require full proofing by the client prior to sending to print (See Section 10). Upon completion of the artwork, Sarah Bond Design will issue the client with a print approval email. The client is required to fully proof read all documents attached to the approval email, confirm their approval via email to firstname.lastname@example.org and ensure any outstanding balances have been cleared. No artwork is sent to print by Sarah Bond Design until the approval email from the client and monies owed have been received.
d. Any mistakes found after the artwork has been approved and/or printed are the client’s responsibility and all re-printing charges will be the responsibility of the client.
e. For any artwork the client arranges printing, Sarah Bond Design can not be held responsible for any errors, colour matching, finishing or quality of the final printed product.
f. Sarah Bond Design is not able to offer advice on printer issues, please refer to the manufacturers handbook or the manufacturer’s online help services.
a. Sarah Bond Design can not be held responsible for any items damaged, delayed, missing or lost which have been sent to the Client.
b. Should the Client rearrange delivery of any items to an alternative address directly via Sarah Bond Design’s chosen courier, the Client accepts full responsibility for any items damaged, delayed, missing or lost.
c. Sarah Bond Design can not be held responsible for any items created by Sarah Bond Design that have been damaged, delayed, missing or lost which have been sent by the Client.
d. Return postage costs are not covered by Sarah Bond Design.
e. Sarah Bond Design is not responsible any items damaged, delayed, missing or lost that have been returned by the Client.
f. Sarah Bond Design is not responsible for any postage costs incurred by the Client.
Risk of damage to or loss of the goods shall pass to the client at the time of delivery.
15. WEBSITE HOSTING
a. Should the client arrange for Sarah Bond Design to set up their website hosting, the client’s WordPress website hosting will be set up by Sarah Bond Design on behalf of the client.
The hosting will be registered using the client’s details and all access information to the clients account will be provided by Sarah Bond Design to the client. Should the client already be registered with specific hosting and still requires hosting to be set up, Sarah Bond Design will require the clients username and password to access the clients account and set up hosting on their behalf. Sarah Bond Design does store any passwords or sensitive data.
b.The hosting will be set up for 12 months. After the initial 12 months, the client will receive an email with a hosting reminder. The client is fully responsible for ensuring the hosting is either renewed, discontinued or moved. Sarah Bond Design can not be held responsible for any site or data loss due to the client not renewing, discontinuing or moving the hosting. The client accepts that should they not renew or move their hosting before the renewal date will result in the site being inaccessible and shut down.
c. The client is under no obligation to continue hosting through selected provider and can move hosting any time. Should the client wish to move hosts, the client is responsible for ensuring the website is moved across using the correct procedure. Any information, data and/or website loss during the migration is not the responsibility of Sarah Bond Design.
d. Sarah Bond Design does not provide support for moving hosts, domains or emails.
e. Sarah Bond Design is not responsible for any hosting issues, site load time, errors or issues caused by the client, by WordPress, by plugins and by the host.
16. DOMAIN NAMES
a. The client is the registered legal owner of the domain(s) purchased via Sarah Bond Design on behalf of the client. All domain details and access will be provided to the client once active.
b. Sarah Bond Design can not be held responsible for any data loss or technical issues the client may encounter in relation to their domain name.
17. DOMAIN FORWARDING
The client is responsible for arranging any domain forwarding or domain remapping.
18. WEBSITE BACK-UPS
a. Should the client arrange for Sarah Bond Design to set up their website hosting, Sarah Bond Design will access the clients website on a monthly basis to update and back-up the entire website for the first 12 months of hosting. After the initial 12 months, Sarah Bond Design will provide back-up instructions via email to the client, the client is then responsible for ensuring back-ups are done regularly and stored safely.
b. Should the site need to be restored at any time during the initial 12 months of hosting, Sarah Bond Design will provide the client the latest back-up files for the client to install onto the site. After the initial 12 months of hosting, it is fully the clients responsibility to restore the site using back-up files they have taken.
19. WEBSITE DOWN TIME & TECHNICAL SUPPORT
a. Sarah Bond Design can not be held responsible for any website down time. Where possible, Sarah Bond Design will provide support on behalf of the client.
b. Any time spent recovering a website by Sarah Bond Design will be charged at her hourly rate of £40.
c. Sarah Bond Design can not be held responsible for any technical errors that may arise after the website has been completed.
Sarah Bond Design shall not disclose any confidential information concerning the design or project to any third party without prior permission.
Any complaints should be raised by the client with Sarah Bond Design, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the artwork.
22. LIMITATION OF LIABILITY
Sarah Bond Design shall not be liable to the client or be deemed in breach of the agreement by reason of any delay in performing, or any failure to perform any of Sarah Bond Design’s obligations in relation to the goods, if the delay or failure was due to any cause beyond Sarah Bond Design’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Sarah Bond Design’s reasonable control:
– Explosion, flood tempest, fire or accident
– War or threat of war, sabotage, insurrection, civil disturbance or requisition.
– Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of governmental, parliamentary or local authority
– Import or export regulations or embargoes
– Strikes, lock-outs or any other industrial actions or trade disputes
– Difficulties in obtaining raw materials, labour, fuel, parts or machinery.
– Power failure or breakdown in machinery and equipment.
The validity, construction and performance of this agreement shall be governed by English Law.