Elbowroom Graphics Ltd Terms and Conditions of Service
The following Terms and Conditions of service apply to all products and services provided by Elbowroom Graphics Ltd and in the event of any dispute are governed by the laws of England.
All work is carried out by Elbowroom Graphics on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Elbowroom Graphics on all design work including words, pictures, ideas and visuals unless specifically agreed in writing and after all costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Elbowroom Graphics, unless specifically agreed in writing.
Project Acceptance
At the time of proposal, Elbowroom Graphics will provide the customer with a written quote by email. These terms and conditions can be read at any time on the Elbowroom Graphics website.
A copy of the written quote, if acceptable, is agreed via email, in writing by the client to Elbowroom Graphics. Alternatively, the client may send an official purchase order in reply to the quote which binds the client to accept out terms and conditions.
Charges
Charges for design services to be provided by Elbowroom Graphics will be set out in the written quote that is provided to the customer. For new customers, once the initial quote is agreed, indicating acceptance of the Terms and Conditions, a non-refundable payment of 50% of the quoted fee will become due. Work on the project will commence once this has been paid.
The above is also the case for projects with existing clients with quotes above £1’500.
Website projects are billed in stages, with an initial 25% non-refundable deposit paid, a further 25% deposit paid once written sign off on 2 pages has been made, and the final 50% paid upon completion of the site.
Source files
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, AE, png, flas or other source files or raw code; if the client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for other services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will be added to the bill at the end. This will be discussed with the client at the time.
Payment
Once a project has been signed off in writing (via email) the final invoice will then be issued for any outstanding amount.
Any queries relating to the invoice must be submitted by email within 14 days of the invoice date.
Any accounts which are overdue past the 30 day terms are subject to late payment fees. We allow a 7-day grace period, where we will remind clients about outstanding payments. If accounts remain overdue after this time, they may incur a late payment interest charge of 5% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer.
Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery.
Returned cheques will incur an additional fee of £50 per returned cheque. Elbowroom Graphics reserves the right to consider an account to be in default in the event of a returned cheque.
Default
An account shall be considered default if it remains unpaid following the 30 day invoice terms. Elbowroom Graphics will be entitled to remove our material from any and all computer systems, until the amount due has been paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, SEO, design and maintenance, sub-contractors and printers.
Removal of such material does not relieve the customer of its obligation to pay the due amount.
Customers whose accounts become default agree to pay all Elbowroom Graphics reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and conditions.
Copyrights and Trademarks
By supplying text, images and other data to Elbowroom Graphics for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not Elbowroom Graphics.
By Supplying images, text or any other data to Elbowroom Graphics, the customer grants Elbowroom Graphics permission to use this material freely in the pursuit of the design.
Should Elbowroom Graphics, or the customer supply an image, text, audio clip or any other file for use in the website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such a copyright or royalty usage limitation, the customer will agree to allow Elbowroom Graphics to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Elbowroom Graphics free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Alterations
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that Elbowroom Graphics holds no responsibility for any amendments made by any third party, before or after a design is published.
Design project completion
Elbowroom Graphics considers the design project complete upon receipt of a customer sign off email.
Website design only
Elbowroom Graphics require a style/layout to be approved by the customer of at least the home page and 1 other page before design of the remaining site commences. Once this design is signed off, any changes to navigation items, colours, structure or content that require changes to the style/layout may incur an additional charge.
Once the web design is complete, Elbowroom Graphics will provide the customer with the opportunity to review the resulting work. Elbowroom Graphics will make 3 sets of minor amends at no extra cost with 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to the placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor change can be notified to Elbowroom Graphics via email.
Elbowroom Graphics will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Hosting websites
Elbowroom Graphics offers a limited hosting service through an out-sourced virtual server. Elbowroom Graphics does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Elbowroom Graphics may request that clients change the type of hosting account used if that account is deemed by Elbowroom Graphics to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Elbowroom Graphics virtual server are due at the commencement of any period of service and are non-refundable.
Domain Registration
Elbowroom Graphics cannot guarantee the availability of any domain name. Where Elbowroom Graphics is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Elbowroom Graphics cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Elbowroom Graphics recommend that customers use a professional SEO company, however, they can also office to outsource this service to one of their existing contacts and to keep it all included within the overall cost of a project which we charge for at face value. This is purely to save time for the client and we accept no responsibility for their services.
Design Credits
The customer agrees to allow Elbowroom Graphics to place a small credit on printed material, exhibition displays, advertisements and/or a link to the Elbowroom Graphics own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customers also agree to allow Elbowroom Graphics to place websites and other designs, along with a link to the clients site on Elbowroom Graphics own website for demonstration purposes and to use any design in its own publicity and portfolios.
Rights of refusal
Elbowroom Graphics will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Elbowroom Grapics also reserves the right to refuse to include submitted material without giving reason. In the situation where images and/or data that Elbowroom Graphics does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Elbowroom Graphics to remove the contravention without hindrance, or penalty. Elbowroom Graphics is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact, however, a written email will also need to be made confirming the cancellation in writing. The client will then be invoiced for all work already completed up until that point. The balance of monies due must be paid within 30 days.
Disclaimer
Elbowroom Graphics makes no warranties of any kind, express or implied, for any and all products and/or service it supplies. Elbowroom Graphics will not be held responsible for any and all damages resulting from products and/or service it supplied. Elbowroom graphics is not responsible for any loss, or consequential loss of data, or non-delivery of products or service, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Elbowroom Graphics responsible for any such loss or damage. Any claim against Elbowroom Graphics shall be limited to the relevant fee(s) paid by the customer.
Elbowroom Graphics reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Elbowroom Graphics will not knowingly perform any actions to contravene these and the client also agrees to be bound.
Elbowroom Graphics and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Elbowroom Graphics reserve the right to change any rates and any of the Terms an conditions at any time without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for the design and/or any other services offered by Elbowroom Graphics, by email or verbally is deemed to be acceptance of these terms and conditions, which are freely available at www.elbowroomgraphics.com
A quote that has been accepted via email constitutes acceptance of the quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract of Business between the signatory and Elbowroom Graphics.
