Chris Hird Design
Sale of Services: Terms & Conditions
On-site & Off-site Freelance
Last Revised: - 04.06.18 - V1.1
Between us, Chris Hird Design, and you, the Customer.
I'll do my best to meet your requirements and expectations, but it’s important to have things written down so that we both know what’s expected of each of us, who should do what and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. I’ve no desire to trick you into signing something that you might later regret. What I do want is what’s best for the both of us, now and in the future.
I'm more than happy to follow your complete guidance and normal processes - I list the below Conditions for the occasions that there is no guidance and/or no formal process given.
In a nutshell;
You the Customer, are hiring us Chris Hird Design, located at 17 Whitefield Avenue, Luton, Bedfordshire, LU3 3AQ, for our graphic design creation service, as outlined on this website. Of course, it’s a little more complicated, but we’ll get to that.
What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give me everything I need to complete the project in the format I need it. You’ll review my work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out in this contract. Your written acceptance of any Proposal, by post or electronic mail, constitutes full agreement to these Conditions.
Us: I have the experience and ability to do everything I’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavour to meet every deadline that’s set and on top of that, I'll maintain the confidentiality of everything you give me.
At your own expense, please retain duplicate copies of all material received from Chris Hird Design. As I shall have no liability for any loss of or damage to any Customer Material, however caused.
Let’s take a deep dive
I'll create graphic designs based on any and all direction given to me to give you an idea of the look-and-feel of the final agreed product. If no direction is provided for me, I'll suggest or create a range of options to help you decide what you're looking for. You’ll have two or more opportunities to review my work and provide feedback, I call these proofing stages. If at any stage, you’re not happy with the direction my work is taking and decide to cancel, you’ll pay me in full for everything I’ve produced until that point and cancel this contract.
I'll produce a design based on the content you've given me, If no content is given, I'll create something that I feel is worthy of the brand. In either situation, I'll send/show you low-resolution proofs so you can see the direction the design is heading. If, at any stage, you’re not happy with the direction my work is taking, then please let me know so we can amend the work within the agreed period.
The estimated price you receive from Chris Hird Design will be the price of my graphic design services.
Any estimate/proposal I send you will be valid for a period of 30 days from the date issued by Chris Hird Design, these estimates may include or exclude any third party costs dependent on the nature of the work required. All estimates and invoices will be priced in Pounds Sterling, and are exclusive of any Value Added Tax. On expiry of 30 days from the date of the estimate, Chris Hird Design may need to prepare a revised estimate.
We’re sure you understand how important it is for a small business that you pay the invoices that I send you promptly. As we’re also sure you’ll want to maintain a good business relationship, you agree to stick tightly to the following payment schedule.
Excluding third party costs, you will be normally be invoiced upon completion of the project, providing both parties are content with the work produced, which is payable within 30 days (NET 30) of the issue unless otherwise agreed in writing.
You’ll be made fully aware of any third party costs as they arise, either at the briefing stage or as they occur throughout the project. You may decide if you would like to handle these third parties yourself or let Chris Hird Design take care of them for you. Third parties may include supplied stock photography, web development, a specific font license or printing services, etc. Any third party costs agreed on the project to be handled by Chris Hird Design will be invoiced to you, the Customer, up front and payable within 48 hours of issue, Chris Hird Design will not supply artwork for production to any third parties until those third-party payments have been made in full to Chris Hird Design. This is to cover the payment of third party costs by Chris Hird Design during the project.
I'll provide all finished design material in a press-ready PDF format for print or .Jpg or .Png for digital, if we do not hear any difference. On completion, you can also request any open artwork, supplied as a packaged .zip file with all the legal assets I can send you. IP rights are transferred upon full payment only. I’ll also request to use what I’ve created for you on my website and promotional material, etc., from an agreed date.
Delivery of Printed materials
If you would like Chris Hird Design to manage the printing of your final design, Chris Hird Design will source an appropriate third-party and work with them to achieve your requirements, unless otherwise agreed.
Any dates estimated for delivery of the Design Materials are approximate only and Chris Hird Design shall not be liable for any delay in delivery however caused. Time for delivery shall not be of the essence of the Contract. Deliveries may be made by Chris Hird Design in advance of any estimated delivery date.
Chris Hird Design will not supply artwork for production to the Customer or any third parties until prior written sign off from the Customer has been received by Chris Hird Design.
Failure to make payment
If you the Customer, fail to make any payment as agreed in writing by us, without prejudice to any other right or remedy available to Chris Hird Design, Chris Hird Design shall be entitled to:
- cancel the order or suspend any further deliveries to the Customer;
- appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the Customer and Chris Hird Design) as Chris Hird Design may think fit (notwithstanding any purported appropriation by the Customer); and
- charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of 20% per annum above the Bank of England’s base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
This condition applies if:
- the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract;
- the Customer becomes subject to an administration order or enters into a voluntary arrangement under Parts I or VIII of the Insolvency Act 1986 or the Insolvent Partnerships Order 1994 (as amended) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation;
- an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer;
- the Customer ceases, or threatens to cease, to carry on business; or
- Chris Hird Design reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
If the above sub-Clause applies then, without prejudice to any other right or remedy available to Chris Hird Design, Chris Hird Design shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
Cancellation of Freelance
Once a proposal or estimate has been agreed, Chris Hird Design is fully committed to making the best of your project. Therefore, any work that has been carried out by Chris Hird Design on your project, is chargeable up to the time of cancellation.
In the event that you no longer require my services or want to cancel my booked freelance period, then the below fee's may be payable. The below refers to the stages of the project that if canceled at these particular stages the stated percentages of the Toal agreed fee from the estimate is payable.
Cancellation post-briefing stage:
(Estimates have been agreed and time has been taken by Chris Hird Design to understand your requirements etc.).
25% of the total agreed fee will be payable.*
Cancellation on or before 1st proofing stage:
(Research and first drafts have been produced by Chris Hird Design, then sent to the Customer for feedback)
50% of the total agreed fee will be payable.*
Cancellation on or before 2nd proofing stage:
(1st proof feedback has been implemented by Chris Hird Design, and sent to the Customer for feedback or final approval).
75% of the total agreed fee will be payable.*
Cancel post-final approval stage:
(Customer has approved final design and open assets are ready to package and send to Customer or third party).
100% of the total agreed fee will be payable.*
If a project is placed on hold by the Customer for more than a period 10 days, the period spent on that project by Chris Hird Design up to that point will be invoiced as previously stated.
*If any third parties have been used up to the period of cancellation and not already been paid, these charges will be included in the total payable amount.
Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question. If an Event of Force Majeure continues for more than a period of 30 days Chris Hird Design shall be entitled at its discretion to perform, suspend performance of, and/or terminate the Contract.
The Parties agree that no failure by either Party to enforce the performance of any provision in these Terms and Conditions or under the Contract shall constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
The Parties agree that in the event that one or more of the provisions of these Terms and Conditions or the Contract are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (and, by extension, the Contract). The remainder of these and the Contract shall be valid and enforceable.
Third Party Rights
A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
Law and Jurisdiction
These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or to the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
Limitation of Liability
- Chris Hird Design’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract Price; and
- Chris Hird Design shall not be liable to the Customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
The dotted line
We include our terms & conditions within all of our correspondence and ask you review the above before proceeding with any job. By starting a job with us, you are agreeing to the above.
Everyone should keep a copy for his or her records.