White Space | Brand and Website Design | Terms and Conditions
1 ACCEPTANCE OF TERMS
These terms and conditions form a contract between The Client and White Space.
The Client is hiring White Space to undertake graphic or web design work as agreed in previous correspondence. No variations or modifications of these terms are accepted unless both parties have consented in writing.
The Client has the authority to enter into this contract on behalf of yourself, your company or your organisation.
The Client will not use any graphic or web design carried out by White Space for any purpose that is unlawful.
A 50% non-refundable deposit is required upon the acceptance of any graphic or web design project. This is invoiced by White Space and payment must be received by White Space before any work may commence.
The outstanding balance invoice is issued upon sign off and, if applicable, subsequent launch of a website. Payment must be received by White Space before any final graphic design files are released and/or before a website is made live.
3 DEFAULT IN PAYMENT
White Space would hope that the Client will make all conceivable efforts to make payments promptly but should the situation arise, the Client shall assume responsibility for cost outlays by White Space in all collections of unpaid feeds and of legal fees necessitated by default in payment.
All deadlines and timings provided by White Space are estimations, unless all parties agree on a set deadline. White Space will always keep the Client informed regarding timings. If a deadline is put in place, the Client must notify White Space at the time of initial discussions.
In order to ensure the deadline is met, the Client must ensure to provide White Space will the information, materials and approvals sought in a timely manner, in the format requested. White Space is not responsible for any delays to projects due to actions of the Client (for examples untimely sign offs or provision of images or content).
Any delay in the completion of the Client’s graphic and/or website design project due to unforeseen circumstances, illness or events out of White Space’s control will result in the delay of the project. The Client will be notified if this is the case.
5 CLIENT RELATIONSHIP
White Space is acting as an independent contractor and is not undertaking any work as an employee of the Client, nor entering into a joint venture or partnership of the Client. White Space reserves the right to seek advice or assistance from a third party, if required.
6 CHANGES, REVISIONS AND AMENDMENTS
Unless stated otherwise or encompassed within the package agreed, White Space will charge additionally for any revisions or amendments at a rate of £30 per hour. Please note changes, revisions and amendments are deemed as minor tweaks, not full or partial redesigns. Full or partial redesigns will be quoted for individually.
On presentation of a graphic or website design project, the Client will have the opportunity to review it. The Client should notify White Space in writing of any amends they wish to be addressed within seven days of the presentation.
Any work which has not been addressed in writing within seven days will be deemed to have been approved and signed off and a balance invoice will be issued.
While minor amendments (to be agreed by White Space on an individual case basis) may be included within the cost of the package/project, White Space reserves the right to charge additional costs, should the amends be outside the scope of the brief.
In the case of a website, the Client is responsible for the selection of the website theme to be utilised for their website (unless agreed otherwise). White Space wishes the Client to understand the website will look as it does in the hyperlinked previews/demos that are sent to the Client by email. White Space will integrate the content and images provided into the theme as it dictates.
Website errors, both technical and typographical, attributable to White Space will be corrected free of charge.
As soon as the website has been signed off in writing (email is satisfactory), White Space will issue the balance invoice to the Client by email. When payment is received, White Space will release final graphic design files and/or launch the website.
Any amendments made after the launch of the website will incur an additional charge of £30 per hour.
By the Client
The Client has the right to cancel the project at any point during the graphic or website design process. In the even of a cancellation, any monies paid prior to cancellation are non-refundable and the Client will also be required to pay for any additional work that may have been carried out, which the Client has not already paid for.
By White Space
In the extremely unlikely event of White Space not being able to complete the design due to unforeseen circumstances, illness or events out of White Space’s control, a reputable third party may be sourced to undertake the remaining work. White Space reserves the right to cancel the graphic or website design project at any given time, without prior notice.
Offers and proposals made by White Space to potential or existing clients should be treated as confidential and remain the property of White Space. Such offers and proposals and the information contained within them must not be passed to third parties or publicly disseminated without prior written permission from White Space.
The copyright of all artwork created by White Space shall remain the property of White Space, in accordance with the Copyright, Design and Patents Act of 1996.
Artwork and website screenshots with hyperlinks may be used by White Space’s online and/or offline marketing materials, including but not limited to, social media, blogs, websites, magazines, flyers, adverts and press releases. By agreeing to these Terms and Conditions, the Client hereby gives consent.
White Space is entitled to place an accreditation, as a hyperlink, in the form, size and location as decided by White Space on each page of the website.
Any element of artwork may be reused in other designs.
All ready-made logos can be resold indefinitely unless the Client chooses to retire the design for an additional cost. This must be agreed before sign-off of the branding project.
The Client is fully responsible for ensuring full copyright has been obtained to use any artwork provided to White Space. This includes all photography, copy and content, design elements and branding of other companies. White Space cannot be held responsible for any legal action taken against the Client for unlawful use of any content within their design.
All proofreading is the Client’s responsibility. The Client should thoroughly proofread all information to be included within any piece of artwork and/or website prior to sending to White Space.
Any mistakes identified after sign off of artwork and/or launch of website are not White Space’s responsibility. Any amendments to correct will be charged at the hourly rate of £30 per hour. If a reprint is required, the full cost will be recharged.
The Client is responsible for providing all artwork and website content to White Space in a timely manner. However, if White Space’s copywriting service is required, a quote will be provided upon the submission or a brief and/or specification. These additional costs will be added either to the deposit or balance invoice at a rate of £30 per hour.
The Client is responsible for providing all artwork and website images to White Space in a timely manner. However, if White Space’s stock image sourcing service is required, a quote will be provided upon the submission or a brief and/or specification. The additional costs of the images and sourcing fee will be added either to the deposit or balance invoice at a rate of £30 per hour.
Other expenses include but are not limited to fonts, software, website plugins and printing. These additional costs will be communicated to the Client before purchase and, upon agreement, will be added to the balance invoice.
All printing fees must be made prior to artwork being released for printing. Credit is not given for printing through White Space.
Artwork colours of your printing may vary due to those either displayed on your computer screen or printed from any printer. White Space cannot be held responsible for these variations in colour or quality.
As stated in Section 9: Proofing, the Client is responsible for proofreading all content and copy in artwork and/or website projects. Any mistakes identified after sign off or launch are not the responsibility of White Space. Any amendments to correct these errors will be charged at the hourly rate of £30 per hour. If a reprint is required, the full cost will be recharged.
If the Client chooses to arrange printing, White Space cannot be held responsible for any errors, colour variations, finishing or quality of the final printed product.
12 WEBSITE HOSTING
Should White Space arrange domain registration and website hosting for the Client, White Space (or a third party under instruction) will register the domain through 123-reg.co.uk using the Client’s details and all login information will be provided to the Client by White Space. Hosting will be provided by a trusted third party hosting company.
Should the Client have already registered the domain name but still requires hosting, the Client will provide White Space with all necessary login details to access the Client’s registration in order to set up hosting.
Domain names and hosting will be set up for 12 months and the Client will make a one-off payment for the full year ahead. The Client is responsible for ensuring the domain name is renewed. When hosting is up for renewal, an invoice will be issued to the Client for payment for the next 12 months.
Should the Client wish to move hosts at any time, the Client is responsible for ensuring the website is moved across to the new host using the correct procedure. Any loss of information, data or website during this migration is not the responsibility of White Space.
Any problems concerning hosting (such as website loading times) are not the responsibility of White Space but should be communicated to White Space to forward to the hosting company.
13 TECHNICAL SUPPORT
Automatic regular website back ups are taking by the hosting company.
White Space cannot be held responsible for any website downtime caused by the Client, WordPress, plugins or the hosting company. Where possible, White Space will facilitate support from the hosting company and any work undertaken by the hosting company to recover the website will be charged at the hosting company’s hourly rate. Any other technical problem rectification will also be charged at the hosting company’s hourly rate.
White Space shall not disclose any Client confidential information including login details (usernames and passwords) to any third party without prior permission.
Any complaints should be raised by the Client with White Space, in writing, within 14 days of first becoming aware of the matter to be complained of and, in any event, 14 days of sign off of the graphic or website design project.
16 LIMITATION OF LIABILITY AND INDEMNITY
White Space or any third party agents are not liable for any incidental or consequential loss or damages that may arise from White Space’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of White Space, agent or third party, the Client, any Client representative, employee, agent or third party.
All websites will be designed with search engine optimisation in mind, however, White Space cannot make any guarantees about the success of website positioning on search engines.
The Client agrees to indemnify and hold White Space an/or its agents and third parties harmless from and against all liabilities, legal fees, losses, costs and other expenses in relation to any claims or actions brought against White Space arising out of any breach of the Client of these Terms and Conditions or other liabilities arising out of the Client’s use of the website.