Terms & Conditions

 

1 Interpretation

1.1 In these conditions: Customer means the person who accepts a quotation of the Agency for the supply of services or whose request for supply of services is accepted by the Agency. Agency means NWC Information Design Ltd trading as NWC Design. Original Materials mean deliverable outcomes, be they print, screen-based or otherwise.

2 Price

2.1 The price of the services to be supplied shall be the Agency’s quoted price or where no quotation has been given the price shall be a fair price (in the reasonable opinion of the Agency) for the services (including preliminary work) to be supplied based on the standard Agency hourly rate.

2.2 Quotations are estimated based on an assessment by the Agency of the time and resources required to complete the project, and are subject to amendment by, and at the discretion of, the Agency on or anytime after acceptance to meet any changes to schedule, content or project scope incurring increased costs. Such change will be agreed with the Customer prior to commitment.

2.3 All quotations are based on the Agency’s understanding of the Customer’s requirements, as specified in the agreed brief. It is the responsibility of the Customer to ensure this brief clearly states all requirements.

2.4 The Agency reserves the right to request a deposit as part payment towards the total cost to be paid and this will be detailed in the quotation.

2.5 Quotations include two rounds of client amendments, based on the original brief and/or content supplied by the Customer. Content changes of more than 25% of word count will incur additional charges quoted at the hourly rate required to amend the project.

3 Payment

3.1 Unless otherwise agreed in writing payment for goods supplied shall become due within thirty days of presentation of the Agency’s invoice.

3.2 The Agency shall be entitled to charge the Customer interest on any amount overdue at the rate of two per cent above Bank of England base rate per month until payment in full is made.

3.3 If the Customer fails to make any payment on the due date then the Agency shall be entitled to cancel the contract and any other contracts with the Customer or suspend any further deliveries to the Customer until payment is received in full.

3.4 Except where included in any quotation the Agency shall be entitled to make an additional charge in respect of

3.4.1 alterations to the Customers requirements following submission of proofs;

3.4.2 additional work involved where copy supplied by or on behalf of the Customer is not clear, legible or usable;

3.4.3 delays in the delivery of Customer supplied information or material.

3.5 Should work be suspended at the request of, or delayed through any default of, the Customer for a period of 30 days the Agency shall then be entitled to payment for work already carried out and any additional costs incurred.

4 Orders and Specifications

4.1 The Customer shall be responsible to the Agency for ensuring the accuracy of the terms of any order of services submitted by the customer and for giving the Agency any necessary information relating to the services to be supplied within a sufficient time to enable the Agency to perform the contract in accordance with its terms.

4.2 Proofs of all work may be submitted for the Customer’s approval and the Agency shall incur no liability for any errors or lack of clarity not corrected in proofs submitted which had previously been approved by the Customer.

4.3 The Agency may reject any project proposal or materials supplied or specified by the Customer which appear to be morally unsuitable, or of an illegal or libelous nature.

4.4 Customer’s property and all property supplied to the Agency on behalf of the Customer will be held at the Customer’s risk.

4.5 The Agency shall be indemnified by the Customer in respect of any claims cost and expenses arising out of any legal or libelous matter produced at the request of the Customer or any infringement of copyright patent or design or other proprietary or personal rights.

5 Delivery

5.1 The dates quoted for delivery are approximate and the Agency shall not be responsible for any loss caused by delay in delivery howsoever caused.

6 Risks and Retention of Ownership

6.1 Risk of damage to or loss of goods shall pass to the Customer upon delivery.

7 Liability of the Agency

7.1 It is the responsibility of the Customer to check the accuracy of the proofs and finished work within five days of delivery.

8 Cancellation

8.1 A cancellation fee will be incurred by the Customer if the Customer terminates a project. The amount payable will be an amount deemed reasonable by the Agency in respect of the size of the project and the commitment made to it.

8.2 The Agency reserves the right to terminate the project in the case of reduced capacity, unrealistic timeframes due to project changes, or if the Agency becomes aware of an ethical or moral issue with the project. The Agency will endeavour to introduce a replacement design resource, though are not obliged to. In the event that the Agency terminates the project, the Agency will supply all artwork files created to date for the project, and reserves the right to invoice the Customer for work completed up to the termination date in the event that the artwork is passed to an alternative design resource and carried forward to completion for the project.

9 Legal Ownership of Design

9.1 Copyright of final designs will be held by the Agency until payment is received in full from the Customer, upon which copyright will transfer to the Customer. The Customer has the right to request all master artwork files after payment is received.