Terms & Conditions

Definitions

‘The Client’ shall be defined as the person or company with whom goods and services are to be supplied to.

Terms & Conditions

The following terms and conditions apply to all services offered by Studio 74 Creative Design. By ordering services from Studio 74 Creative Design, you are agreeing to the following terms and conditions:

 

General

  1. Studio 74 Creative Design reserves the right to refuse to construct a piece of work which may be judged as unfit due to content or otherwise. This includes, but is not limited by, work containing adult oriented material such as pornography, work which promotes hatred towards persons belonging to any ethnic group, religion or sexual orientation and work which infringes copyright or are contrary to European laws.
  2. The acceptance of a commission shall be deemed as a contractual agreement between the client and Studio 74 Creative Design where agreement is provided either by email, telephone, post or fax.
  3. Studio 74 Creative Design cannot always guarantee to start work immediately on a commission, but will arrange a date with the client as to when work can commence.
  4. The client agrees to make available as soon as is reasonably possible to Studio 74 Creative Design,  all materials required to complete the work to the agreed standard and within the set deadline.
  5. All material, both text and images, supplied by the client and used in the construction of the client’s work, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
  6. Studio 74 Creative Design promises that it will hold and maintain in strict confidence any confidential information that you provide (such as proprietary technical or business information), and will not disclose such information to any third party except as may be required by a court or governmental authority.

Payment

  1. Once the work has been designed and completed, the client will be invoiced and the full balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the work, because they have commissioned the work, they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. Once full payment is received for the work, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered.
  2. Studio 74 Creative Design agrees that the fee the client owes will cover in full all of the work listed in the initial quote. The client agrees that if asked to make changes or do other work for the client that is not covered in the original quote, an hourly rate of £35 per hour will be applied to this work and this payment will be in addition to all other amounts owed by the client. The client also agrees that if they ask Studio 74 Creative Design to do work outside the scope of the initial quote, extra time will be required to send the final files for the design(s).
  3. Any payment returned by the bank or credit card company will incur a £50.00 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the client.
  4. Studio 74 Creative Design reserves the right to alter prices at any time without notice. If a client has commissioned any services from Studio 74 Creative Design prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.

Copyright

  1. The client understands and agrees that until payment is made in full, Studio 74 Creative Design will own full rights to each and every original design created for the client. If the client does not pay in full, the client agrees that Studio 74 Creative Design can complete, exhibit, use and sell the design(s) at its sole and absolute discretion. The client also agrees that Studio 74 Creative Design own all of the concepts created before the client select the final design(s).
  2. Studio 74 Creative Design understands and agrees that after the client pays in full, the client will own rights (as defined in this document) to the final design(s) that the client approves and Studio 74 Creative Design creates. The client understands and agrees that Studio 74 Creative Design owns all of the concepts / preliminary designs created before the client selected the final design(s), except for elements in those concepts that are incorporated into the final design(s) that Studio 74 Creative Design delivers to the client. The client will receive rights for the final design(s) only. The client agrees that Studio 74 Creative Design will retain the right to use the final design(s) and all preliminary designs in design competitions, publications on design, educational purposes and in marketing Studio 74 Creative Design’s business (including through social media). The client will be solely responsible to make sure that the design(s) Studio 74 Creative Design creates for the client will be available for use in commerce and protectable under trademark law.
  3. Studio 74 Creative Design agrees that after the client pays in full, the client may make any changes or additions to the design(s) Studio 74 Creative Design creates for the client, which the client in its discretion may consider necessary, and the client may engage others to make any such changes or additions, without further payments to Studio 74 Creative Design. The client agrees that if asked to make changes or additions to the design(s) after the client approves the final files, the client and Studio 74 Creative Design will negotiate a separate additional payment for the time to make such changes.
  4. If the work Studio 74 Creative Design creates for the client includes the design of a logo, Studio 74 Creative Design gives the client the full rights to use the logo design Studio 74 Creative Design creates in any and all media without restrictions of any kind. Additionally, Studio 74 Creative Design agrees that after the client pays in full, Studio 74 Creative Design will co-operate with the client and execute any additional documents reasonably requested by you to evidence such assignment of rights.
  5. For any non-logo design(s) that Studio 74 Creative Design creates for the client, Studio 74 Creative Design gives you the following rights: To print, publish or distribute the final design(s) in the format as supplied by Studio 74 Creative Design only. The client shall not be allowed to re-create new artwork, or engage others to re-create alternative formats using the design(s) supplied by Studio 74 Creative Design without the written permission of Studio 74 Creative Design. The client agrees that they are not permitted to resell design(s) supplied by Studio 74 Creative Design to a third party. If the client wishes to purchase a right that’s not listed in this paragraph, the client and Studio 74 Creative Design will need to negotiate a separate license for such additional rights, and the client will pay a separate fee.

Liability

  1. Studio 74 Creative Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
  2. Studio 74 Creative Design will not be liable for costs incurred, compensation or re-prints during the printing process once the final artwork has been agreed by the client and has been supplied to the print supplier.
  3. The client is advised to check and approve all artwork proofs. If the client declines the opportunity to approve the artwork proofs, Studio 74 Creative Design will not be liable for any costs incurred, compensation or re-prints during the printing process due to print or artwork errors.
  4. If, during the development, the client does not supply the content required in order to complete the commission within a reasonable amount of time, Studio 74 Creative Design will consider that the client wishes to cancel the commission.
  5. Studio 74 Creative Design reserves the right to withdraw its services and cancel any contracts with the client at any given time. The company shall issue notice of such action in writing.

Websites

  1. Studio 74 Creative Design makes every effort to design web pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been created.
  2. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Studio 74 Creative Design cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.
  3. Studio 74 Creative Design will initially place the client’s website on the Studio 74 Creative Design development server in order that the client may view and comment upon the website’s progress. When both Studio 74 Creative Design and the client agree that the website meets the criteria agreed during the commissioning process, Studio 74 Creative Design will publish the website on the agreed host’s server and invoice the client for the full amount due for the commission.
  4. Studio 74 Creative Design does not undertake to maintain or update a client’s website as part of the design commission. If a client wishes Studio 74 Creative Design to maintain or update a website as a separate commission, Studio 74 Creative Design will negotiate with the client a maintenance contract appropriate to the amount of work required. Website maintenance may also be undertaken on a time and materials basis if the client so wishes.

Miscellaneous

  1. The client agrees that Studio 74 Creative Design is an independent contractor and not an employee of the client. Although the client will provide general direction to Studio 74 Creative Design, Studio 74 Creative Design will determine, in its sole discretion, the manner and ways in which Studio 74 Creative Design creates the design(s) for the client. The work that Studio 74 Creative Design creates for the client under this agreement will not be deemed a “work-for-hire”. Whatever rights Studio 74 Creative Design grants are contained in this document.
  2. Studio 74 Creative Design reserves the right to change or modify any of the terms and conditions.