TERMS AND CONDITIONS
1.1 These terms and conditions apply to all agreements, contracts or other arrangements whereby Margaret Macknelly Design (“MMD”) supplies products or services to the customer.
1.2 These terms and conditions are available to be viewed on MMD’s website, www.macknellydesign.co.uk.
1.3 By accepting any estimate or quotation provided by MMD, the customer agrees and will be deemed to be bound by these terms and conditions.
1.4 These terms and conditions represent the entire agreement between MMD and the customer and they cannot be varied except in writing signed by MMD.
2. ESTIMATES AND QUOTATIONS
2.1 MMD will prepare for the customer an estimate or quotation in writing for the products or services requested by the customer, which will be communicated to the customer by e-mail or by post.
2.2 Any quotation or estimate must be accepted in writing by the customer; such acceptance must be communicated to MMD either by e-mail or by post.
2.3 No contract shall come into existence between MMD and customer until MMD has received such written acceptance.
2.4 Where MMD is a subcontractor and where the customer’s invoice to third parties / end users contains a fee for MMD / design (where the designer is MMD) the customer shall not include in invoices, any reference to MMD’s/ design fees that is higher than the fee quoted or estimated by MMD.
3. THE PRICE AND PAYMENT TERMS
3.1 The price to be paid by the customer for the products and services provided by MMD will be as set out in the written estimate or quotation.
3.2 Upon receipt of written acceptance by the customer of MMD’s estimate or quotation, a deposit of 50% of the price estimated or quoted shall become immediately payable by the customer and MMD shall not be obliged to undertake any work until receipt of such deposit in cleared funds.
3.3 The balance of the price shall be payable upon completion of the work by MMD and within 30 days of an invoice being rendered.
3.4 Payment may be made by electronic money transfer or cheque.
3.5 The customer will be liable to pay interest at 5% above bank base rate on any balances unpaid 30 days after rendering of the invoice.
3.6 In the event that the customer tenders payment by a cheque which is returned unpaid, the customer shall forthwith become liable for a charge of £50.
3.7 Property and ownership (including all intellectual property rights) in all designs and products supplied to the customer shall be retained by MMD until full payment (by cleared funds) of all sums due and the customer and MMD hereby agree that the customer shall not be entitled to use or publish to third parties any such designs or products until full payment has been made to MMD.
4. THE SCOPE OF THE WORK
4.1 The scope of the work to be undertaken by MMD for the customer shall be as set out in the written estimate or quotation.
4.2 MMD will specify, in its estimate or quotation, the electronic format in which text or images must be supplied by the customer to MMD. MMD will not be responsible for the quality of any image electronically supplied by the customer or for the quality of any images which the customer wishes be scanned from printed materials.
4.3 If the customer requests products or services additional to those set out in the written estimate or quotation or if the customer requests changes to a draft design after the same has been approved by the customer, additional charges will be payable by the customer. In such event MMD will provide a written estimate or quotation for such additional work and, upon written acceptance of the same by the customer, such additional charges will become immediately payable and MMD shall not be obliged to carry out any further work until receipt of payment.
4.4 Unless expressly within the scope of the work set out in the estimate or quotation, MMD shall not be obliged to liaise with any third party (such as a printer or marketing consultant) on behalf of the customer. If the customer requests MMD to liaise with any third party, MMD shall be entitled to charge an additional sum of 15% of the estimated or quoted price.
4.5 Where a customer requests MMD to liaise with any third party that request shall be made formally and in writing.
4.5 Where MMD provides a choice of designs to the customer, once the customer has selected a design, property and ownership (including all intellectual property rights) of any other designs provided shall be retained by MMD unless expressly agreed in writing.
5.1 Where Margaret Macknelly Design acts as a sub contractor the main contractor will be wholly responsible for all design and artwork being checked before being passed to the customer/printer/supplier.
6. INTELLECTUAL PROPERTY
6.1 Where the customer supplies to MMD any text, images or other data for inclusion in a design, the customer warrants to MMD that all necessary permissions and licences to use the same have been obtained.
6.2 By supplying such text, images or other data to MMD, the customer grants to MMD all necessary permissions and licences to use the same for the design.
6.3 The customer will indemnify MMD in respect of any and all claims from third parties in the event that the customer does not in fact have all the necessary permissions and licences referred to in Clause 6.1 above.
6.4 The customer agrees that MMD shall be entitled to place a credit on the design supplied to the customer which will, unless otherwise agreed, constitute a small logo or line of text and the bottom of a page.
6.5 The customer also agrees that MMD shall be entitled to place on its website a copy of any design supplied to the customer (with a link to the customer’s website) for demonstration purposes and its own publicity.
7. COMPLETION AND CANCELLATION
7.1 Any date given by MMD for completion of the work shall be an estimate of the time required to carry out the work and time shall not be of the essence of the contract in respect of completion.
7.2 Completion shall occur upon receipt by MMD of the customer’s written approval of MMD’s design, such approval not to be unreasonably withheld.
7.3 If the customer wishes to cancel the contract once written acceptance of the estimate or quotation has been received by MMD, notice in writing must be given to MMD by post.
7.4 In the event of cancellation, MMD shall not be liable to refund the deposit referred to in Clause 3.2 above.
7.5 In the event that MMD has carried out work whose value at the time of cancellation exceeds the deposit, MMD shall be entitled to charge and invoice the customer for any such work and the customer shall be liable to pay such invoice and Clause 3 above shall apply with all necessary modifications.
8.1 MMD will use all reasonable endeavours to produce a design of satisfactory quality.
8.2 Unless expressly agreed otherwise, MMD’s obligation under the contract is to produce a design for the customer. Once such design has been approved by the customer, MMD shall not be responsible for the performance or quality of any medium onto which the design is transposed by the customer or any third party acting on behalf of the customer.
8.3 MMD shall not be responsible or liable for any consequential loss or damage, including the loss of any data supplied by the customer, howsoever caused and in any event MMD’s liability, howsoever arising, shall be limited in every case to the sum set out in the estimate or quotation.