You: You and/or your business as detailed below.
Us/We: Somer Design
1.1 By signing a requirements document/quote/or business proposal or asking us to proceed with the work detailed within them, a binding agreement will come into place, which cannot be cancelled without written consent from both you and us.
1.2 This agreement is governed by English Law and you and we agree that disputes can only be settled within English Courts.
1.3 This Agreement constitutes the entire agreement between the parties with respect to all matters referred to herein and supersedes all earlier warranties, representation or statements made by the parties (whether oral or in writing).
Payment Terms and Agreement
2.1 We shall invoice you for the Fees for the Services as set out in the quote or “Service Agreement” prior to each Payment Date and no Services shall be provided until such payments have been made. We consider a project completed if we are waiting for content from you that is preventing completion of the project.
2.2 Invoice amounts shall be due and payable on the date of the invoice. Payments must be made in full without any set-off, counterclaim, deduction or withholding and in cleared funds. We reserve the right to charge interest on overdue invoices from 30 days from the date when payment becomes due on until the date of payment on a daily rate equivalent to 4% above the base rate of The Bank of England at the relevant time. Where online services have been provided (websites, email templates, etc) as part of this or previous orders, all online services will be suspended until payment is made in full.
2.3 You shall pay 5% of the value of each returned cheque returned for insufficient funds or for any other reason and indemnify the Company for all reasonable solicitor’s fees incurred in the collection of outstanding Fees.
2.4 All amounts payable by the Customer under the Agreement are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Agreement by the Service Provider to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Service Provider, pay to the Service Provider such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
2.5 An additional charge will be applicable should you request changes to the design that are substantially different to your original requests after we have supplied the design proof.
3.1 All goods provided or delivered as a result of this order will remain the property of Somer Design until payment is received and cleared in full.
3.2 We retain personal rights to use the completed project and any preliminary designs for the purpose of competitions, future publications on design, educational purposes and the marketing of Somer Design’s business. Where applicable the client will be given any necessary credit for usage of the project elements.
4.1 Any artwork, images, or text supplied and/or designed by Somer Design on behalf of the client, will remain the property of Somer Design and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988.
4.2 We retain full copyright of the computer source files used to create your design. The client may request in writing from Somer Design the necessary permission to use materials (for which Somer Design holds the copyright) in forms other than for which it was originally supplied, and Somer Design may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
4.3 For any images or content that you supply to us, you must have full permission of the copyright holder, and as such, you indemnify us against any future copyright claims.
5.1 We provide a straightforward, high quality design service. If you ask us to undertake any design work, we will undertake a comprehensive Fact Find from you and will produce one design or proof based on this Fact Find exercise. If you are not happy with this design, we will ask you to provide appropriate feedback indicating where errors have been made and we will then provide a second design without further charge to you. We will use our best endeavours to ensure that you are happy with the designs we produce.
5.1.1 Any revisions included in a quote will be up to one hour per revision.
5.2 If additional designs are requested (following 5.1 above) additional charges may become applicable, which we will always negotiate and agree with you before these are incurred.
5.3 We do not provide a copywriting service within the project costs and we require you to provide the text needed to complete your project in an electronic format such as an email, Word file, etc. When you provide your text, please ensure this is ‘clean copy’ – i.e. final text ready for use, fully spell checked, grammar checked, proof-read, etc and not ‘draft copy’. Additional charges will be made should amendments be needed to a design where the changes are being made to client supplied text.
6.1 All proofs will be provided electronically – this allows rapid turnaround time. If you wish to receive printed proofs, each one will be charged for as an additional service. Please inform us if this is required.
6.2 No work will be printed or published until your confirmation and agreement to the proof document is received.
7.1 We will attempt to make delivery of printed materials during normal working hours. If we have made 2 attempts to deliver your goods and have still been unsuccessful we will inform you and you can then choose whether to collect your goods from our offices (without any additional charge) or to pay for another delivery attempt.
8.1 All prices are subject to VAT at the prevailing rate unless otherwise stated.
8.2 Prices are subject to change without notification.
8.3 Time or price quotations are subject to change unless quoted in writing and then are subject to a maximum guarantee of 1 month from the date written.
8.4 Website and email hosting services provided by Somer Design are not offered with guarantees or assurances of service delivery or performance. However, Somer Design and their professional service providers make all reasonable efforts to ensure continual professional services are provided.
8.5 We do not allow any illegal or obscene material or undesirable content (such as providing downloads of hacker software, etc). Any software that can be downloaded from hosting service may only be hosted if you have the permission of the copyright holder. Additionally, the use of our systems to send bulk email (whether opt-in or not) is strictly forbidden.
9.1 Revisions of the logo design where stated are up to 1 hour each of the chosen concept. Any further revisions will be charged at the hourly rate of £85 and agreed with the client’s prior consent.
9.2 One set of revisions is available for the stationery and website design of up to 1 hour.
9.3 Business cards are digitally printed on a high quality board 400gsm with a matt laminated or silk finish. Printed both sided.
9.4 Stock images included in a package will be selected by Somer Design to match the clients website from a stock photographic image gallery, not exceeding the value of £20 per image.
9.5 The FREE consultation session is to be up to 20 mins duration via Skype or Zoom.
9.6 File formats supplied of the logo will be .eps .gif .jpg.
10.1 To contact Somer Design regarding privacy you can email us at [email protected]
10.2 We are committed to protecting your privacy. We will only use the information that we collect about you lawfully.