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Terms & Conditions

Brandal is a trading name of Ed Furniss and is a member of IPSE – The Association of Independent Professionals and the Self Employed.


The following Terms and Conditions of Service apply to all products and services provided by Brandal.

• All work is carried out by Brandal on the understanding that the client has agreed to Brandal's terms and conditions.

• Copyright is retained by Brandal on all design work including words, pictures, ideas, visuals and illustrations until all costs have been settled.

• If a choice of design is presented, only one solution is deemed to be given by Brandal as fulfilling the contract. All other designs remain the property of Brandal, unless agreed in writing that this arrangement has been changed.


Project Acceptance
At the time of proposal, Brandal will provide the customer with a written quotation, along with terms of agreement.
A copy of the written quotation, and agreement, is to be signed and dated by the customer to indicate acceptance and should be returned to Brandal. Alternatively, the client may send an official order in reply to the quotation which binds the client to accept Brandal’s terms and conditions, or an e-mail acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation has been received by Brandal.

Design Charges
Charges for design services to be provided by Brandal will be set out in the written quotation that is provided to the customer. At the time of the customer's acceptance of this quotation, and Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due – unless otherwise agreed. Work on the project will not commence until Brandal has received this amount. The remaining 50% of the project quotation total will be due upon completion of the work, prior to upload to the server or release of materials. In the case of printed materials, full payment must be provided before the agreed artwork is sent to the printers.


In the rare instance it is agreed a deposit is not payable at the start of a job, Brandal will invoice the client for 50% of the agreed fee should any unfinished project remain dormant after 30 days.

Source Files
Unless agreed as part of the product/package provided, charges for design work do not cover the release of copyright design files or any other source files including indd, eps or psd files; if the customer requires these files, they may be subject to a separate quotation or ‘buy-out’ charge.

Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.


Job approval
Brandal is not responsible or liable for any errors after the final product has been approved by the client, (approval may be given in writing or via email), committed to print or posted in view of the public.

The email verification of the client’s representative shall be conclusive as to the approval of all artwork prior to release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print or posted online.

Payment
We operate a policy of payment within seven days of receipt of invoice.
The customer will be provided with an Invoice prior to final publication. At this time the outstanding amount due will become payable and the customer may also be required to sign and return an Approval Form.
Publication and/or release of work done by Brandal on behalf of the client, may not take place before cleared funds have been received.

Accounts which remain outstanding for seven days after the date of invoice, will incur an extra charge if not paid in full within 30 days. The extra charge will be £40 (for all invoices £999 and below) plus statutory interest of 8.5% for every day the payment has been outstanding. A charge of £70 will be made for debts of £1,000 or more.
Payments may be made by cash, cheque or BACS.
Returned cheques will incur an additional fee of £50 per returned cheque. Brandal reserves the right to consider an account to be in default in the event of a returned cheque.

Default
An account shall be considered in default if it remains unpaid for seven days from the date of invoice, or following a returned cheque. Brandal shall be considered entitled to remove Brandal and/or the customer's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Brandal reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks
By supplying text, images and other data to Brandal for inclusion in the customer's website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Brandal on behalf of the customer, will remain the property of Brandal and/or its suppliers.
The customer may request in writing from Brandal, the necessary permission to use materials (for which Brandal holds the copyright) in forms other than for which it was originally supplied, and Brandal may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to Brandal, the customer grants Brandal permission to use this material freely in the pursuit of the design.
Should Brandal, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Brandal to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Brandal free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations
The customer 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 – unless otherwise agreed.

The customer also agrees that Brandal holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing
Any design, copywriting, drawing or idea created for the customer by Brandal, or any of its contractors, is licensed for use by the customer on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Brandal and any of its relevant sub-contractors.

All design work – where there is a risk that another party make a claim – should be registered by the customer with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Brandal will not be held responsible for any and all damages resulting from such claims. Brandal is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Brandal responsible for any such loss or damage. Any claim against Brandal shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to Brandal’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Brandal in electronic format as standard text (.txt), MS Word (.doc).
Images which are supplied in an electronic format are to be provided in a format as prescribed by Brandal. Images must be of a quality suitable for use without any subsequent image processing, and Brandal will not be held responsible for any image quality which the client later deems to be unacceptable. Brandal cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images

Design Project Duration
Any indication given by Brandal of a design project's duration is to be considered by the customer to be an estimation, but will be based on turnarounds quoted below (assuming all images, text and instructions have been received by Brandal):-

Digital artwork (eg electronic direct mail, e-newsletters, banner ads, powerpoint presentation)  
Allow five-10 working days

Printed materials (eg flyers, posters, newsletters, banners, billboards, business cards, letterheads, certificates, advertisements)
Allow five-10 working days  

Specialised printed materials (eg brochures)
Allow 15-20 working days (depending on size)

Website design
Allow 15-20 working days

Campaign creative
Allow 6-8 weeks

Brandal cannot be held responsible for any project over-runs, whatever the cause, especially in case of force majeure. Estimated project duration should be deemed to be from the date that cleared funds are received by Brandal for the initial payment or by date confirmed in writing by Brandal.

Rights of Access for Website Construction
The client agrees to allow Brandal all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Brandal access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply Brandal with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion
Brandal considers the design project complete upon receipt of the customer's approval either via e-mail or signed in writing. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

Domain Registration
Brandal cannot guarantee the availability of any domain name. Where Brandal is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.

Design Credits
The customer agrees to allow Brandal to place a small credit on printed material exhibition displays, advertisements and/or a link to Brandal own website on the customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Brandal to place websites and other designs, along with a link to the client's site on Brandal own website for demonstration purposes and to use any designs in its own publicity and portfolios.

Rights of Refusal
Brandal will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Brandal also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Brandal does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Brandal to remove the contravention without hindrance, or penalty. Brandal is to be held in no way responsible for any such data being included.

Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Brandal will need formal notification in writing to the company's postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within seven days. Please note: any cancellation which is not formally confirmed in writing and received by Brandal within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer
Brandal makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Brandal will not be held responsible for any and all damages resulting from products and/or services it supplies. Brandal is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Brandal responsible for any such loss or damage. Any claim against Brandal shall be limited to the relevant fee(s) paid by the customer.

Brandal reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Brandal will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Brandal and its customers agree to comply with third party printer's Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within ten per cent of the total ordered. Brandal recommend that if an exact quantity is required, then ten per cent extra is added to the quantity and extra time made available should the job be delayed.

General
These Terms and Conditions supercede any previous Terms and Conditions distributed in any form. Brandal reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Brandal, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.

An estimate validated by the customer's signature on the estimate or quotation form, or via e-mail, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Brandal.