Terms & Conditions
The following are the terms under which Identity Creative Ltd (hereafter referred to as “Identity”) agree to carry out work as instructed.
No variations to these terms shall be binding unless agreed in writing (meaning written, and/or any similar expression, including facsimile and electronic mail or other forms of electronic communication) between the authorised representatives of Identity and The Client.
Description of Work to be carried out:
Upon request, Identity Creative will produce a detailed estimate describing work to be carried out and an estimated cost. This will be the basis of the agreement between Identity Creative and its client.
All quotations are valid for 30 days from the date of this document. The quoted price is exclusive of any applicable value added tax which the client shall be additionally liable to pay.
Acceptance of Quotation and Terms and Conditions
Please note that work cannot be started until the signed acceptance is received by Identity Creative.
In the event that this work is being carried out for/on behalf of a separate party or entity, a new estimate will be produced and addressed to the applicable party for signing. This party must be acceptable by Identity Creative Ltd. The party signing this Estimate is fully responsibe for the full amounts due.
By signing this document you accept full and irrevocable responsibility to ensure payment is made for the work carried out as due.
Invoicing & Payment
1.1 For clients employing the services of Identity for the first time, a non refundable deposit of 30% of the quotation value is payable in advance of the work being started. The remaining balance will become payable within 30 days after completion of work by Identity Creative and invoicing.
1.2 For clients with an agreed account, all invoices become payable within 30 days of completion of work by Identity and invoicing.
1.3 For invoices not settled within the agreed credit terms, Identity reserve the right to charge interest on the overdue amount at the rate of 5% per annum above Barclays Bank base rate, until payment in full is received (a part month being treated as a full month for the purpose of calculating interest).
1.4 Identity reserves the right to suspend e-mail services and place supplied website/s off-line in the event of non-payment.
1.5 Identity reserves the right to invoice in full for any jobs or work placed on hold by the client and/or failure to supply the required material, which as a consequence causes delay to completion to the agreed time schedule. This invoice must be paid in full within the agreed payment terms.
1.6 The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design may be liable to a separate charge.
1.7 In the event that the client shall become bankrupt or under the provisions of Section 123 of the Insolvency Act 1986 shall be deemed to be unable to pays its debts or compounds with its creditors or in the event of a resolution being passed or proceedings commenced for the administration or liquidation of the client (other than for a voluntary winding up for the purpose of reconstruction of amalgamation) or if a Receiver or Manager or Administrative Receiver is appointed of all or any part of its assets or undertaking, Identity shall be entitled to cancel the contract in whole or in part by notice without prejudice to any right or remedy accrued or accruing to Identity.
Provision of Materials
2.1 The client agrees to provide Identity with the specific information required to create the product in a timely manner.
If the client is unable to supply suitable material, Identity will endeavour to secure as necessary, however Identity cannot be liable for errors, omissions or discrepancies as a result of a lack of specialist knowledge. Identity may charge for the time and other resources utilised in sourcing of this material.
2.2 Identity will do its utmost to produce the best possible results utilising images and data supplied by the client, however Identity cannot be held liable for faults, imperfections or errors of source material supplied.
2.3 The client warrants that any material supplied to Identity for the purpose of providing design services will not infringe the copyright or other rights of any third party or otherwise be defamatory of any third party or be in breach of any legal requirement. By supplying text, images, logos and other data to Identity, the client warrants that it holds the appropriate copyright and/or trademark permissions
2.4 The client shall indemnify Identity against any loss, damages, costs, expenses or any other claims arising from any such infringement.
2.5 If required, the client shall provide evidence to Identity as to the ownership and/or authorisation to use any copyrighted material.
3.1 Identity shall have no liability to the client for any loss, damage, cost, expenses or other claims for compensation arising from any material or instruction supplied by the client which are incomplete, inaccurate, illegible, out of sequence or in the wrong format or arising from late arrival or non-arrival or any other fault of the client.
3.2 Identity shall not be liable or deemed to be in breach of these terms and conditions by reason of any delay in the performing or any failure to perform any of Identity obligations in relation to design services if the delay or failure is due to any cause beyond Identity’s reasonable control.
3.3 Unless specifically agreed in writing, all design, copyright, drawing, idea or code created for the client by Identity, or any of its contractors, is licensed to be used on a one time only basis and may not be modified, re-used or re-distributed in any way or form.
3.4 Identity will not include in its designs any material or other data which it deems immoral, offensive, obscene or illegal. All advertising material must conform to the standards laid down by the relevant advertising authorities.
4.1 Identity shall keep confidential all information and data made available by its clients and its affiliates. Identity will not disclose the same to third parties, both during and after termination, without prior approval by the client.
4.2 All material, data and information supplied by the client will be returned on completion of the contracted work.
5.1 Where it has been requested for Identity to arrange printed material on behalf of the client, in advance of print, final artwork will be presented to the client for sign off. It is understood and agreed that it is the client’s responsibility to carefully check the material before signing off, as Identity cannot be held liable for any errors, omissions or inaccuracies.
5.2 As normal procedure, supplied website and printed material will be identified as “produced by Identity Creative Ltd”. If this is not desired, it is required that Identity is notified in advance of production.