The following Terms and Conditions of Service apply to all products and services provided by Emily Brown Design (EBD)
All work is carried out by EBD on the understanding that the client has agreed to our terms and conditions.
1. All estimated prices quoted, whether written or verbal, are for the agreed services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly.
2. Emily Brown Design is not registered for VAT
3. Where there is a change to the agreed brief, EBD will inform the Client in advance of any extra costs likely to be incurred.
4. All work is invoiced with 25% deposit payable before commencement of project and the balance invoiced on completion of project. Work undertaken at an hourly rate will be invoiced weekly or monthly as previously agreed.
5. Payment terms are 14 days from date of invoice. Any queries or problems with invoices must be raised within 5 working days.
5. Payment terms are 14 days from date of invoice. Any queries or problems with invoices must be raised within 5 working days.
6. Any additional charges on a projects (e.g. out sourced print or production) will be added to the invoice at cost price +10%
These additional charges can be paid by the Customer direct if arranged in advance
7. The final payment must be made prior to the handing over of final creative or digital files.
8. If at any point during the project a client wishes to cancel, they may do so but will be invoiced an amount that EBD judges to be proportional to the amount of work completed on the commission, including any additional expenses already incurred
9. All projects are planned to an average time frame. This requires responses from the Client in a timely manner. Should this not happen it may compromise final delivery deadlines and the available time with EBD. If this seems likely, EBD will advise the Client as soon as possible and discuss a solution. Any extension of the project required may incur additional costs. Any time-scale given by EBD of a design project’s duration is an estimation. EBD cannot be held responsible for any project over- running, whatever the cause.
10. EBD may commission freelance support or outsource part of the project if it is felt it is in the best interests of the Client. Any outsourcing would be discussed with the Client prior to the work being carried out.
11. Once final proofs/materials have been signed off, EBD cannot be held responsible for any errors relating to print, programming or any end product.
12. EBD cannot guarantee the Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore, EBD will not accept liability for any unintentional similarity to a Third Party’s copyright protected work
13. By supplying images, text, or any other data to EBD, the Client grants EBD permission to use this material freely in the pursuit of the design. It is the Clients responsibility to ensure that all permissions, licenses, copyrights and rights to use for these materials are in place prior to supply. The Client agrees to fully indemnify and hold EBD free from harm in any and all claims resulting from the Client not having obtained all the required copyright, and/or any other necessary permissions.
14. All creative work produced (including words, pictures, ideas, visuals and illustrations) during the project remain the property – physically, intellectually and in copyright, of EBD unless specifically released in writing and after any release costs have been settled.
15. The Client has the right to reject EBD’s designs but EBD will pursue damages should the Client go on to utilise the design concept (or the core design idea).
16. EBD shall be under no liability if it should be unable to carry out the project for any reason beyond it’s control. The Client may elect to terminate the project and pay for work done and materials used. EBD shall hold no responsibility for any amendments made by any third party after the artwork has been supplied to the Client. In the event of any bona fide dispute or difference arising both parties shall attempt to resolve such dispute or difference in good faith or by mediation. The Client must inform the EBD immediately of any issue that may lead to a dispute.
17. EBD reserves the right to the addition of an EBD credit on printed or digital projects unless instructed otherwise by the Client, and to the use for self-promotion (with agreement from the Client) any of the work carried out for the Client
18. Terms and Conditions may be changed at any time without prior notice.