1. THE SCRIPT; WHAT DO BOTH PARTIES AGREE TO?
We understand how important it is to you that you are making changes to your online and digital presence in order to positively impact your business and we are both pleased and excited to be working with you. All we ask is the following;
- You agree to provide us with all relevant information, content, images, documentation, feedback and approval required in order to complete your project in line with the agreed deadlines.
- You’ll be honest with us, if you want to change something you only have to ask and we will do our best to facilitate the changes at the time of the project.
And in return we will: - Commit to completing the project(s) in a timely manner that has been agreed upon and keeping you regularly updated throughout.
- Be flexible, if you don’t like the design we have created then it’s simple for us to recreate a new design that’s more in line with your expectations.
2. DISPLAYING OUR WORK:
- We love to showcase our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our Portfolio page on our website, our Social Media Channels, in any other PR or online publication.
3. SERVICES – DESIGN:
- Websites: We reserve the right to publish a small statement on all websites that we create, in the Footer, as follows “ Website created by Tall Zebra Designs Ltd ” with a link to our website upon completion of the project.
- Amendments: All design projects will include 2 rounds of amendments based on the written feedback provided. Each amendment version will match the number of feedbacks provided. Amended designs will be classed as new versions for example – Project Name V1 (original draft submitted), Project Name V2 (second version based on the first round of amendments), and Project Name V2 (third version based on the second round of amendments). Extra amendments that fall out of the 2 rounds will be quoted at an additional cost.
- Feedback: All feedback must be provided in writing and titled with Feedback and the relevant number. For example, the first feedback should be titled Feedback 1 and the second feedback provided should be titled Feedback 2 and so on.
- All costs associated with designing, developing and completing our websites will be borne by the client and included in the deposit that is paid in advance of the work commencing.
- Once any design service has been signed off by the Client, additional charges will be applicable for amendment.
- Branding: We will supply 2 hi-resolution formats of the chosen Logo upon completion of all Logo Design work. No other versions or designs will be supplied, remain the intellectual property of the Contractor and are not to be used.
4. SERVICES – MARKETING:
- Photography and Videography quotes will include editorial time in order to create the final versions.
5. SERVICES – TECHNOLOGY:
- Hosting: We are not responsible should any technical problems occur with any website or email hosting, however, we commit to working as quickly as possible to resolve any issues, that may arise, with our Suppliers.
- Mobile Apps (iOS and Android): All Development is outsourced and we work in partnership with qualified and experienced suppliers to design, develop and deliver a quality mobile app.
6. FEES AND EXPENSES
- The professional fees quoted for the project(s) set out in a quote remain valid for written confirmation(s) of acceptance up to 2 months from the date of submission. The estimate of fees relates only to the terms of reference proposed and covers all time on the assignment whether spent at the client’s premises or elsewhere, payable in the currency stated, unless otherwise agreed by us in writing.
- A minimum 1-hour rate applies to all services.
- Any work completed outside of our standard working hours between Monday – Friday from 9.00 am – 5.00 pm, shall be charged at 1.5 times the agreed hourly rate.
- Once a project has been completed and signed off by the Client, hourly charges for amendments will be applicable.
- All out-of-pocket and travelling expenses incurred by its associated companies or sub-contracting agents and the consultants working on the assignment shall be borne by the Client.
- Travelling time to and from the Client’s office or project exceeding 1 hour or a 50-mile radius from Tall Zebra Designs Ltd’s registered address may be subject to an hourly rate thereafter.
- Car mileage shall be charged at 45 pence per mile. All other travel expenses will be charged at cost including Hotels, Subsistence, Refreshments and other expenses.
7. PAYMENT TERMS
- Invoices are payable no later than 15 days from the date of the invoice, irrespective of the date of receipt.
- If any sums payable under this agreement are in arrears for more than 15 days from the invoice date then the Contractor reserves the right to charge interest on a daily basis from the original due date at a rate of 4% per annum above the Bank of England’s base rate from time to time, but at 4% per annum for any period when the Bank of England base rate is below 0%.
- Failure to pay within the agreed period negates any implied or contractual guarantees and under any circumstances makes the total fee payable upon cancellation.
- Payment is to be made in accordance with the details provided on the quote and invoice supplied.
- All payments are to be paid in pounds sterling (£) unless otherwise agreed.
8. CANCELLATION OF AN ACCEPTED QUOTE BY CLIENT
- In the event of cancellation of an accepted quote, before work has commenced, the deposit is non-refundable.
- We have a strict No Refund Policy once work has been commenced and full payment will be due in accordance with the above Payment Terms.
9. GOVERNMENT AND OTHER TAXES
- Fees for services rendered in the United Kingdom and for cancellation or postponement charges may be subject to Value Added Tax at a rate ruling at the invoicing point, or its equivalent in other countries on those services that are subject to such taxes.
10. LIMITATION OF LIABILITY
- All preliminary advice or recommendations in any proposal, report, letter, website content, presentation slides, videos or any plans we help or are asked to help formulate are made in good faith and on the basis of the information before us at the time. Our ability to carry out the terms of reference in our proposals must depend, among other factors, on the effective cooperation of the Client’s staff and the accuracy of the information provided by them as well as that which is generally available.
10. LIMITATION OF LIABILITY
- Whilst we pride ourselves on the honesty, quality and personal approach of our work we cannot guarantee that our work will be error-free and so are not liable to the client, or any third party, for any consequential loss, damages or other associated costs should this occur.
- Consequently, no statement in any recommendation, proposal, report, letter, website content, film or recording shall be deemed in any circumstances to be a representation, undertaking, warranty or contractually binding upon the Contractor, its associated companies or sub-contracting agents.
11. INDEMNITY
- The Client shall indemnify the Contractor, its associated companies or sub-contracting agents and the consultants working on the assignment against all damages, costs and expenses to which the Contractor, its associated companies or sub-contracting agents and consultants working on the assignment may become liable by reason of any loss, damage, cost or expense suffered by the Client or any of its staff using the reports, recommendations, websites, content or any other materials supplied by the Contractor, its associated companies or sub-contracting agents and consultants to the Client.
12. COPYRIGHT
- The copyright of all content, images, designs, computer programmes, websites or other artwork shall remain the property of Tall Zebra Designs Ltd until the final payment has been received and we will transfer ownership of the copyright to the Client for use at that point.
- The Client guarantees that all elements of content, images, designs or other artwork provided are either owned by the Client or that you have permission to use them. By providing us with the above items, you agree to take full liability for any claim by a third party that raises any claim or grievance with regard to a breach of copyright or intellectual property.
13. FORCE MAJEURE
- The Contractor will not be liable to the Client for any loss or damage sustained by the Client in the event that the Contractor shall be prevented from carrying out its services or delivering material to the Client on the due date(s) by the reason of war, civil war, riot, fire, explosion, tempest, flood, any Act of God, strikes, lock-outs, labour disputes, burglary, malicious damage, weather conditions, traffic congestions, transport failures or any other cause whatsoever beyond the control of the Company.
14. LEGAL
- The law of England shall be applied.
- The Client agrees that once these Terms and Conditions are signed, they will apply to all future interaction and services with the Contractor and acceptance of any future quotes within the validity of this contractual agreement can then be by email or in writing.
- The Client agrees that this contract is not transferable to any other person or organisation unless agreed in writing by Tall Zebra Designs Ltd.
- If for any reason one or more elements of these Terms become invalid or unenforceable, the remaining parts of it remain in place.
- We reserve the right to amend these Terms and Conditions of Business at any time and you agree to abide by the most recently published version of these which will be available on our website.
15. CONFIDENTIAL INFORMATION
- Both parties recognise and acknowledge that the information contained within this document is highly sensitive and confidential in nature and as such consideration of the disclosure of any such information will be kept secret and strictly confidential in accordance with the parties outlined in the terms of this Agreement.
- Without limiting the generality of the foregoing, confidential information specifically includes information and material relating to either party’s business processes, potential or actual clients, processes, business plans or financial information whether provided in document form, online, by way of any other media or orally.
16. FEEDBACK AND COMPLAINTS PROCEDURE:
- All feedback is welcome and we would encourage you to provide feedback on the services and overall experience of working with us in the form of a Testimonial that can be displayed on our website and social media channels once your project(s) has been successfully completed.
- In the unlikely event that the Client has any cause for complaint whatsoever, the Client hereby agrees to address any and all such feedback directly to Tall Zebra Designs Ltd in the first instance in order to resolve amicably before considering any further action, including but not limited to Legal Action.
