Terms and Conditions
The information in our e-mails are sent in confidence for the addressee only and may be legally privileged. Unauthorised recipients must preserve this confidentiality and should please advise the sender immediately of the error in transmission. If you are not the intended recipient, any disclosure, copying, distribution or any action taken in reliance on its content is prohibited and may be unlawful. IDEA Design and Marketing Ltd accepts no responsibility for any loss or damage resulting directly or indirectly from the use of this e-mail or its contents.
Estimated Project Costs
The costs of a design project will be estimated in advance. However, if a Client requires multiple amendments, revisions or makes changes to the originally agreed specifications, there will be additional costs and these will be based on our hourly studio rates which are available on request.
Projects and Cancellation
If IDEA Design and Marketing Ltd are given permission to start a project, it will be subject to our studio hourly rate available on request. Any projects that are cancelled at any point during which concepts or artwork have been produced, will still be subject to our hourly rate and will be invoiced accordingly.
Work in Progress
At the end of each month, work in progress will be invoiced based on the studio time incurred during that month.
1) Account customers: Invoices are paid strictly on 30 days from date of invoice.
2) Non-account customers: Please see Advanced Payments section below.
3) Payments that are not paid within 30 days of the invoice date will be subject to a late fee of £20 + vat for each week that the payment is not cleared down.
Agreement to start a project by either written or verbal instruction will be classed as a valid acceptance of work to commence. We will generate an invoice based on the Client’s verbal or written acceptance for work to commence. Any invoices that are not paid will be subject to legal action to recover any debts.
Depending on the size of the project, we may ask for interim payments at key stages which will typically be agreed in advance.
The client’s verbal/written approval is final. In granting approval, the client assumes full responsibility for the accuracy of all images, text, graphics and measurements prior to publication. In the unlikely event that an error is discovered post-publication, the associated remedial costs if required, are borne by the client.
All designs, visuals, images and concepts remain the property of IDEA UK Design and Marketing Ltd until the full balance of the invoice is received and cleared by the Bank. IDEA UK Design and Marketing Ltd retain the rights to use and display the created work to promote our business and services indefinitely.
The customer owns the right to the use completed product(s) as quoted for by IDEA Design and Marketing Ltd. Any files, documents, stock images, retouched graphics, sounds, photographs, animation, concepts and editable artwork files remain the intellectual property of IDEA Design and Marketing Ltd or third parties.
Exclusive Intellectual Property Rights can be bought outright and are subject to separate negotiations, should a client wish to acquire the original editable artwork files. If the aforementioned is used without the express permission of IDEA Design and Marketing Ltd they would be in breach of ‘Copyright, Designs and Patents Act 1988’ IDEA Design and Marketing Ltd retains the rights to display the artwork and images in their portfolio as evidence of ability.
Out of Hours Support
During holiday periods the IDEA Design office will be closed. Any website/technical issues that require urgent attention during these times will be subject to an out of hours rate of £145 plus vat per hour and will be invoiced when the office re-opens. If you require any support during the holiday period, please contact our office number 01709 331 291.
WEBSITE DESIGN AND BUILD TERMS
Our Intellectual Copyright:
We will hold the intellectual copyright of any material, including any source code and original images created for the client until payment of the final invoice. It will then become the property of the client. IDEA Design and Marketing Ltd retain rights to display the artwork and images in their portfolio as evidence of ability.
Clients Responsibilities relating to Copyright:
In situations where the Client provides images, text and animations for their website, then they are legally responsible for ensuring that this material does not infringe any existing copyright.
Certain images provided by us in the construction of the website may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material unless otherwise agreed.
Website Hosting and Domain Registration:
Your website will be hosted on a third-party server and identified by a URL which will require registration. There are annual fees attached to this service which will be invoiced and must be paid in advance by the client. If you do not keep up with payments for hosting and domain registration you will lose the service and your website will be taken down by the hosting provider and ultimately be irretrievably deleted.
Limitation of Liability/Indemnification:
Neither party will be liable to the other for special, indirect or consequential damages incurred or suffered by the other arising as a result of or related to the performance of our work, whether in contract or otherwise, even if the other has been advised of the possibility of such loss or damages.
Our total liability under these conditions with respect to the work, regardless of cause or theory of recovery, will not exceed the total amount of fees paid by the client to us for this individual project.
Search Engine Promotion:
We are not by default responsible for the client’s on-going website promotion. If the client requires the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the search results is controlled solely by the search engines.
Search engines frequently change their retrieval methods and algorithms, you accept that we cannot be held responsible for future rankings under this contract.
Should the client wish to cancel a project at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
The price quoted to the client is for the work agreed on the quotation only. Should the client decide that new features are required after work on the website commences, then we will accept these changes with the provision that additional charges may have to be negotiated and accepted by the client before the additional work can be completed.
Point of contact and third parties:
The principal points of contact for all matters relating to the project must be specified at the start of the project. We reserve the right to charge additional fees to cover our time if a third party is brought into the project after the start or the point of contact(s) are changed leading to a change in specification/design from that agreed with the original point of contact.
Agreement via email, telephone or verbally will be classed as a valid acceptance of work to commence on your project. We require a deposit of at least 50% on all projects and we will NOT commence work until the deposit has been paid. Websites will need immediate payment on completion or 30 days from the website build start date, whichever comes first. The website will only be made live once the payment is made in full.
Due to recent events relating to the Covid19 Coronavirus, we are no longer accepting physical forms of payment. Payment is currently only accepted via Direct Bank Transfer.
The remaining balance on a full site build project must be paid in full before we put a site live on our servers or before we release a site to external hosting. The only exception for this is if we have agreed on a staged payment plan in which case the first payment under the plan must be made by the client before the site is made live.
If payments fall into arrears on an agreed payment plan, then we reserve the right to suspend the website until the payments are brought up to date. An administration fee of £20.00 plus vat is charged for each missed payment.
The website is provided to and accepted by the client as a fully functioning, completed website. By agreeing for the site to go ‘live’, the client is accepting that they have checked and are fully satisfied with the website and have checked all content for copyright.
Any future structural or design changes to the site may require the issuing of a new quotation. Any issues that arise after the website has gone live will be subject to our hourly rate if the client requests that IDEA Design and Marketing Ltd is to resolve the problem/s and there is no maintenance contract in place.
Compliance with E-commerce, Accessibility or Other Regulations:
We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or regulations related to a specific business or trade. We recommend that where compliance related to any website or business is complex it may be necessary for the client to take legal advice.
Although all efforts are taken to design our websites so they work effectively across multiple platforms and browsers, we cannot guarantee that the website will display correctly on all web browsers due to continual updates and requirements by the web browsers developers.
We endeavour to ensure that your site adapts to the screen resolution being used to view it on the most common mobile devices available at the time of the site creation. However, new devices and technology are introduced at frequent intervals and we cannot guarantee the site will always function perfectly on new devices that are created and launched after the website goes live.
If the site is to be hosted externally, then the client accepts that we have no control over the server performance, security or backup policies on that server and the client agrees that we have no responsibility or requirement to compensate for any loss of revenue or damage to reputation caused by poor performance, malicious behaviour on the website, downtime or data loss as a result of the client’s external hosting platform and backup strategy.
If we are required to repair or restore a site on external hosting, then additional fees will be payable. From time to time website may need to be moved to and from servers to maintain the efficiency of your website, this is done to allow your website to run on the latest hardware, this is a mandatory situation and would require our time to make the changes to your hosting account which will be charged at our hourly rate available on request.
These terms are governed by English law and are subject to the jurisdiction of the English Courts.
Should we waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit us to waive the same clause of any other occasion. By agreeing to these terms your statutory rights are not affected.
By default we will provide up to three email accounts for the website owner with 1GB of storage space each, storage and number of email accounts can be increased at a further cost. Login credentials for the email setup will be supplied along with a unique password, it is the owner’s responsibility to set up their email client of choice correctly to avoid issues with sending and receiving emails. Please note: IDEA Design and Marketing Ltd cannot be held responsible for any issues regarding the incorrect setup of your email accounts and any issues relating to your network. The incorrect use of your login credentials could prevent you from accessing your emails and website, due to built-in malicious server protection. IDEA Design and Marketing Ltd cannot be held responsible for incorrect login details being used by the client. If technical support is required this will be subject to our hourly rate available on request.
Commercial Project Booking
Booking IDEA DESIGN AGENCY ‘The Photographer’ for your project:
- All Clients are required to fill out a Project Form in order to book the Photographer for any commercial projects. The Photographer will then respond with an estimate for all works to commence, based loosely around the information provided in the project brief form.
- A deposit of 50% of the value of the estimated project cost is required in advance in order to book your required date.
- All prices are estimated and can increase should the need to overrun the project occur, where conditions, weather, electrical, hardware or other reasons prevent IDEA DESIGN from completing the session on the agreed date.
- The remaining project cost will be calculated based on the original estimate, initial deposit, plus any additional time needed to complete the project.
Copyright and Licensing
The entire copyright, title, and intellectual property rights of any Images will remain that of The Photographer at all times throughout the world indefinitely and is protected from the date of the images creation. The Client will be provided with a commercial licence to use the images for the use specifically set out in the agreement and not for any other use such as sharing, donating or gifting. The licence will outline the ways in which the images can be used exclusively by the Client and only the Client. If images are shared with other parties, then additional charges will apply and these charges will be enforced legally as a breach of copyright law.
The Right to Credit
The Photographer asserts both his moral right to be identified as the author of his work and the right to credit (where possible) is asserted in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. Please credit ‘www.i-deauk.com’.
It is vital at all stages that the Client and the Photographer have a mutual agreement that punctuality and communication are maintained throughout the project once agreed.
Image Licencing and Usage Rights
The image usage rights are granted on a personal basis to the Client and are not transferable to other parties, individuals or business. Images cannot be sold, loaned, traded or transferred to another Client other than that stated at the start of the project.
Postponement or Cancellation by the Client
If a booking is confirmed and then postponed, the Photographer reserves the right to charge a fee for postponement at their discretion. In addition, the Client may be charged for expenses incurred by the Photographer, such as, but not limited to, accomodation, travel expenses, studio hire or equipment hire as a result of postponement.
- Once a booking is confirmed with The Photographer, if the Client then cancels less than 7 days before the confirmed session date, there will be a cancellation fee of 20% of the total value of the project.
- If the Client cancels the session with less than 24 hours notice a cancellation fee of 50% will be charged.
- If the Client cancels on the day of the photography session a cancellation fee of 75% will be charged.
Cancellation by the Photographer
If for some reason the Photographer is unable to attend or carry out their duties as agreed beyond their reasonable control, such as, but not limited to a sudden illness, injury, being a victim of a crime or natural disasters, the Photographer will endeavour to connect the Client with another Photographer, unless the Client is happy to rearrange the session to another date. Liability is limited to a full refund of any fees paid to the Photographer if the session is cancelled completely by the Client.
Unless a rejection fee is agreed in advance, the Client has no right to reject the supplied Images on the basis of style, composition or colour and the full fee will be required within 30 days of the invoice date.
Charges and Timings
If the Photographer provides a quote to the Client, the fee will be charged at the agreed rate in the estimate. The Photographer will often require a project brief at the time of booking by email.
Where extra expenses or time are incurred or needed by the Photographer as a result of alterations to the original brief by the Client or otherwise at their request, the Photographer will reserve the right to charge the Client extra expenses and fees.
If the length of the project is changed by the Client, the fee will increase as per the agreed hourly rate. This is also valid if the Client runs late or the project overruns the time agreed. The Photographer will make every effort to inform the Client of this at the time of the shooting, but this cannot be guaranteed and the Photographer cannot be held responsible for the project overrunning.
During photography sessions which overrun from the agreed time by more than a 5 days the Photographer reserves the right to charge an interim payment.
If it becomes clear during the photography session that the project will be or is much bigger of a project than agreed or is different than that explained n the project brief then the Photographer’s fee could increase to compensate.
Upon arrival at the session location and there is an issue which is out of the Photographer’s control, such as bad lighting or limitations on the location the session is to be carried out at, then the Photographer reserves the right to charge an overage fee to cover the time spent relocating. The Photographer reserves the rights to leave the session before the completion if another session is booked after the current one and is likely to be missed due to overage on time on the Clients part.
The quoted fee is generally exclusive of milage charges unless stated. A mileage charge will be added to all invoices unless previously agreed with the Client. The Photographer charges 45p per mile. If the photographer needs to use a toll road, restricted area, private land or has to pay for congestion charges, then these charges will be passed onto the Client as a photography expense for the session and will be included in the project invoice.