CLIENT TERMS and conditions
The following terms and conditions apply to all design and illustration services provided by Eilidh Jane Marks.
1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any use of services implies that you have read and accepted the terms and conditions here.
2. Charges
Charges for services to be provided by Eilidh Jane Marks are defined in the initial written or verbal discussion with the Client. Quotations are valid for a period of 30 days. Eilidh Jane Marks reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Clients will be invoiced on completion of the work. Payment for services is due by bank transfer upon receipt of the invoice. Bank details will be made available on invoices.
3. Client feedback
Eilidh Jane Marks will provide the Client with an opportunity to review their project with an initial draft design (or variety of designs). Thereafter, the client will have a maximum of three rounds of feedback to make changes. Further changes will then be chargeable.
4. Turnaround Time
On initial discussion with the Client, Eilidh Jane Marks will tell the Client when their job can be booked in for and when the initial designs should be completed. If the client takes longer than one month to respond with changes, an invoice will be issued for the full value of the project.
5. Failure to provide required input
Eilidh Jane Marks is a sole trader, which means ensuring work that is scheduled in is carried out at the planned time in order to remain efficient. On occasions, Eilidh Jane Marks may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged. This is why clients are asked to provide all the required information in advance (direction, images, required fonts etc.). On any occasion where progress cannot be made with your project because the required information has not been given in the agreed time frame, and causes delays as result, Eilidh Jane Marks reserves the right to impose a surcharge of up to 25%. If you agree to provide the required information and subsequently fail to do within two weeks of project commencement, Eilidh Jane Marks reserves the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give the go ahead to start until you are ready to do so!
6. Payment
Invoices will be provided by Eilidh Jane Marks upon completion of the Client's project. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
7. Additional Expenses
Client agrees to reimburse Eilidh Jane Marks for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc. These purchases will never be made without the Client's prior approval.
8. Indemnity
All Eilidh Jane Marks services may be used for lawful purposes only. You agree to indemnify and hold Eilidh Jane Marks harmless from any claims resulting from your use of our service that damages you or any other party.
9. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Eilidh Jane Marks the rights to use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Eilidh Jane Marks permission and rights for use of the same and agrees to indemnify and hold harmless Eilidh Jane Marks from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for design and/or other services shall be regarded as a guarantee by the Client to Eilidh Jane Marks that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
10. Design Credit
The Client has no need to credit Eilidh Jane Marks for design work completed. On completion of the project, and payment of the invoice issued, all created work becomes the property of the Client.
11. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's acceptance of a quote constitutes agreement to and acceptance of these Terms and Conditions.
12. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,