Definition of contract
A contract with Designed By Faust (DBF) is an agreement for work which can take the form of a verbal agreement, by telephone, by email, by written document or by any other form of communication between DBF and the client. All forms of the contract are legal and binding, and are subject to the terms and conditions laid out below.
Sole contract terms
All quotations are made and all orders for goods and services made by DBF are accepted subject to the following conditions which shall form part of and govern the contract of sale. Any variations to these conditions in any document of the buyer is unacceptable unless accepted in writing by DBF.
Price & order variation
Quotations are based on information supplied by the customer and are on DBF’s current costs of production. The period of validity of each quotation shall be 30 days from the date of issue. DBF reserves the right, unless otherwise agreed in writing, to amend quotations on or at any time after acceptance if the customer changes specification or supplies, additional information or to meet any rise or fall in DBF’s costs. Quotations include three rounds of amendments to artwork, any amendments beyond this will be charged at DBF’s current hourly rate.
DBF shall use the best endeavours to meet delivery dates but unless otherwise agreed in writing, time shall not be the essence of the contract. In no circumstances shall DBF be liable for any delay in transit or delivery howsoever caused and shall not be liable to the customer for consequential loss howsoever occurring.
DBF shall not be liable for the consequences of any loss or damage caused by delay in delivery or performance howsoever caused and shall remain entitled to payment in full of all DBF’s invoiced sums, whenever invoiced.
DBF reserves the right to refuse delivery if circumstances deem it appropriate and the customer shall not be entitled to demand delivery if payment has not been made. Should express delivery be agreed, DBF reserves the right to charge the customer further for any additional costs involved.
Ownership of Goods
The property in any goods supplied by DBF shall not pass to the customer until DBF has been paid the full price, including any costs or increases in price. Until such time the customer shall:-
- Have possession of the goods solely as DBF’s Bailee thereof Keep the goods separate and identifiable apart from any other goods.
- Not sell or dispose of the goods except on behalf of DBF and on condition that the proceeds of such sale or disposal equate to the full invoiced value and that the customer accounts to DBF for such proceeds equivalent to such invoiced values.
The entire copyright on all designs, artwork, coding, illustrations and any other artistic craftsmanship made by or for DBF shall belong to DBF, unless agreed in writing prior to the commencement of any work, and until invoiced work is paid in full.
Depending upon the size of the job, a 50% deposit is required to secure your booking & to cover any materials costs such as stock photography etc. This may be either followed by paying the remainding 50% upon completion of the job, or in the case of larger jobs, a 30% payment followed by a 20% payment upon completion. All payment must be paid in full before final delivery of artwork or handover of a website.
Jobs will be invoiced on delivery and must be paid strictly within 30 days of the invoice date.
Should the agreed contract be cancelled, or left uncompleted, at any stage during the design process, the design fee quoted will become payable in full and any charges incurred from any sub-contractor will also be payable in full.
Any sum due but not paid shall, at DBF’s discretion, bear interest at the current rate. Such accrual shall commence from the day following the day on which the amount became due. Should work be suspended at the request of, or delayed through any fault of the customer for a period of 30 days, DBF will be entitled to payment for work already carried out, materials specially ordered and any other additional costs, including storage, which have been incurred.
Consequences to you and your business of non payment of your invoice
For invoices where DBF has been instructed to perform web design or other website development work, DBF reserves the right to suspend your entire website and/or email and spam filtering/anti virus services associated with your website and any other domain names or names purchased by DBF. Where you are hosting your own website, DBF may appoint a debt collection agency to retreive the outstanding balance or seek payment via the small claims court. Until invoiced work is paid in full, the entire copyright on all designs, artwork, coding, illustrations and any other artistic craftsmanship made by or for DBF shall belong to DBF.
For graphic design and/or print work, DBF will have agreed a payment schedule with you in advance with a settlement period. If this period is exceeded then DBF reserves the right to appoint a debt collection agency or seek payment via the small claims court as above.
In accordance with The Late Payment of Commercial Debts (Interest) Act 1998, DBF will add interest at 8% above the prevailing Bank of England base rate starting from a period of 30 days after the original invoice date.
Variations in quantity
Every endeavour will be made to deliver the correct quantity ordered, but printing estimates are conditional upon margins being allowed for overs or shortages.
Any dispute or claim regarding the invoice or the goods supplied must be made to DBF in writing within 7 days of invoice date or delivery date, whichever is the latest. Claims outside this limit will not be entertained. DBF shall not be liable in respect of any claim unless the aforementioned requirements have been complied with, except in any particular case where the customer proves:
- it was not possible to comply with the requirements, and
- advice (where required) was given and the claim made as soon as reasonably practicable. Any dispute under the contract, which cannot be resolved between DBF and the customer amicably, shall be referred to an arbitrator to be appointed by DBF.
DBF’s liability in respect of defective or faulty work shall be limited to rectifying the defect or fault or replacing the work or crediting the invoice price of the goods at DBF’s discretion. DBF will in no circumstances be liable for any loss or damage in excess of the invoice price of any work or any part thereof in respect to which a claim is made.
Suitability of goods
Where the goods consist of container, wrappers or other articles intended for use in connection with any food, drug or other substance, the buyer shall satisfy himself that such food, articles or other substance is not likely to be adversely affected by any material used by DBF in the manufacture or printing of such containers, wrappers or other articles. DBF shall not be liable to the buyer or any third party in respect of any claim alleging that such food, drug or substance has been adversely affected. The suitability of DBF’s products for use in the packaging of any particular commodity must be at the buyer’s risk and unless specifically stated in writing by DBF no warranty or condition is given or shall be implied that the goods supplied are suitable in size, shape, capacity, quality or otherwise for the purpose for which the goods are bought. No condition is made or shall be implied nor is any warranty given or to be implied to the life or wear of the goods supplied or that they will be suitable for any particular purpose or for use under any specific conditions notwithstanding that such purpose or conditions may be known or be made known to DBF.
Customer’s property and all property supplied to DBF by or on behalf of the customer shall while it is in the possession of DBF or agents or in transit be deemed to be at the customer’s risk, unless otherwise agreed and the customer should insure accordingly.
Whilst every care is taken, DBF and agents cannot accept any responsibility for loss or damage to artwork, photography, transparencies or customer’s property. Any liability shall be limited to the replacement cost of the basic material.
DBF will be at liberty to sub-contract either in whole or in part to any person, firm or company thought fit without notice thereof to the customer.
Without prejudice to other remedies, DBF will in respect of all unpaid debts due from the customer have a general lien on all goods and property in possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods and property as DBF thinks fit and apply any proceeds towards such debts.
DBF will not be required to print any matter which in whose opinion is or maybe of an illegal or libellous nature, or an infringement of the proprietary or other rights of any third party and reserves the right not to print any matter which in her opinion may be prejudicial or detrimental to the good of DBF’s business.
DBF will be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material presented for the customer. The indemnity shall extend to any amounts paid for legal advice in settlement of any claim.
Full colour printing
Every effort will be made to obtain the best colour reproduction but because of the processes involved, DBF cannot guarantee an exact colour or texture match between the customers original colour photography or transparency and the printed article. Customers who require colour reproductions of a specific standard and who wish to check the colour reproduction prior to printing must order a colour proof, in writing, when placing their order. An additional charge will be made for this. It is the customer’s responsibility to ensure that material submitted is suitable for the work in hand. DBF cannot accept liability for unsatisfactory results caused by unsuitable or inferior originals.
All contracts between the customer and DBF shall be subject to and construed in accordance with English law and any dispute shall be settled in the English courts.