Sunday, 05 September 2010
terms & conditions E-mail
Saturday, 01 November 2008

When the client commissions Essel Design LLP, hereafter referred to as "Essel", to undertake a design for print or Internet project, the client agrees to be bound by the terms and conditions below:

  1. Essel will commence work only when a verbal, written or email agreement has been entered into. Essel will store all emails and written communication as a permanent record.
  2. Essel agrees to provide estimates and quotations for all projects upon request by the client. The prices quoted in estimates and quotations are valid for 30 days from the date of the estimate or quotation. Commissioning of work within that 30 day period is taken as acceptance of the costs provided.
  3. Where no estimate is requested Essel undertake to provide the work, whether this forms an entire project or an addition to an existing project, at a reasonable cost based upon the hourly rate chargeable at the time of execution. Essel's current hourly rate is £100.00 per man hour and excludes all third-party costs. The client is at all times responsible for ascertaining costing requirements and for paying for work which has been commissioned. Failure to have obtained an estimate prior to commissioning of work does not constitute grounds for non-payment of an invoice for work commissioned.
  4. Once it has been agreed that Essel will work for a client, the client agrees to make all materials required for the project available to Essel as soon as is reasonably possible, and Essel accepts no liability for failure to meet deadlines due to delays caused by the client in supplying these materials.
  5. Essel reserves the right to refuse to accept any material that may be deemed to be offensive, libellous, slanderous, pornographic or illegal from a client that may constitute a part or whole of a project.
  6. Essel will make every effort to ensure each project is free from errors or omissions. Once a client is happy with the final designs or finished project, Essel will require the client to provide confirmation of this by email or in writing before any physical or digital materials or documents can be released.
  7. Essel cannot accept liability for mistakes that are discovered after the physical or digital document has been signed off by the client. It is the clients responsibility to ensure that all documents and proofs are thoroughly proof-read before signing off and Essel accept no liability any losses or damages incurred due to inaccuracy or omission.
  8. All design work remains the intellectual property of Essel until all invoices pertaining to said work are paid in full, as laid down in the Copyright Act of 1988 with amendments. Essel reserves the right to revoke usage by the client of any or all designs and artwork that comprise the whole or part of Essel's intellectual property. Furthermore Essel may request the recall of any or all printed or digital items containing any or part of Essel's intellectual property at the clients expense, and require that any usage of copyrighted designs within items on public display be covered or taken down. Revocation takes immediate effect upon receipt of written or e-mailed notification by the client. Should the client become guilty of a breach or infringement of copyright, Essel reserves the right to take legal action against the client for compensation and/or redress under the terms of the Copyright Act 1988 with amendments.
  9. Upon completion or conclusion of a project or contract, Essel will invoice the client for the work undertaken and any third-party charges accrued as part of the project and at the client's request. Essel, in agreement with the client, may request that interim invoices issued to the client become payable upon completion of particular items or phases of a project.
  10. Essel's payment terms upon invoice are that payment is due within 14 days unless an exception has been agreed by prior arrangement and confirmed in writing. Payments not received within the 14 day terms of this invoice will incur interest daily under the terms of the Small Business Payment Act (Nov 1998) at 8% above base on a compound basis, invoiced at 14 day intervals. Government Departments are not exempt. Essel reserves the right to take legal action, in cases of non-payment, to recover sums owed by a client.
  11. Essel will accept no liability for infringement of copyright resulting from material supplied by the client. It is the client's responsibilty to ensure the client is using all text and graphics legally and Essel reserve the right to decline to use material if Essel have sufficient reason to believe a copyright violation is taking place.
  12. If as part of Essel's service, Essel nominate a printing service to a client and arrange printing on their behalf, Essel accepts no liability for the actions of the printing company and will not be liable for any costs incurred or loss of earnings following a failure of the printing service. Any dispute of this nature must be settled between the client and the printing company.
  13. If at any time during a project the client feels that Essel has not provided an adequate service, the client has the right to complain in writing within 7 days, and Essel will do everything within in its power to ensure the situation is remedied as soon as possible.