Terms and Conditions
We work well with our clients because our relationships are based on honesty and trust, but all work needs guidance in the form of terms and conditions. Here are ours, in fairly straightforward English.
Here are FADU’s (throughout this document will be referred to as Agency) standard terms and conditions. It is vital that you (The Client) read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project. Please also note that from time to time FADU may need to alter these terms and conditions without notice. Please contact me if you do not understand any of the terms and conditions in this document.
Please do read them – it’s important that you know what we charge for and why we charge it, why certain copyright files are not released by us, and also what charges you might incur for late payment, additional work, or copyright releases.
If you have any questions, please do ask immediately.
At the time of proposal, Agency will provide the client with a written estimate or quotation by email. An email acknowledging acceptance of the quotation by the client to indicate acceptance of the quotation.
For the avoidance of doubt, the Agency Terms & Conditions are what govern the job, not any conditions on the client's acceptance email.
All work is carried out by Agency on the understanding that the client has agreed to our terms and conditions.
Design / Service Charges
Charges for design services to be provided by Agency will be set out in the written quotation that is provided to the client. At the time of the client’s email acceptance of the quotation, a payment of 50% of the quoted fee will become immediately due. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable.
25 % of the project quotation total should be paid at the time of work submitted for review for future completion of the project. The remaining 25% will be due upon completion of the work prior to upload to the server or release of materials.
If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.
All printing accounts must be settled in full prior to the release of the files to the printer/delivery of printouts.
Accounts that remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.
“Agency” reserves the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Amendments to these Terms & Conditions
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client” and signed by an authorized representative of “Agency” prior to the commencement of work outlined in this submission
This is defined as any work involving additions to the list of items defined in the Estimate of Services or changes to all pieces of finished artwork after sign-off by an authorized representative of “The Client”. From time to time “The Client” will require extra design requirements during a project, or extra files upon completion of a project.
The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and an extra fee will be payable. Should additional designs not initially quoted or be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
Publication and/or release of work performed on behalf of the client by the “Agency” may not take place before cleared funds have been received. Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client after work has commenced.
Agency shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Agency. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, and accidents of any kind or act of terrorism.
Liability & Litigation
It is agreed that all work and materials provided for “The Client” by “Agency” will be free and clear of all liens and encumbrances and may be lawfully used by “The Client” without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trademark rights of any third party. It is agreed that “Agency” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including the cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim. Under no circumstances shall “Agency” be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the supplies prepared by “Agency” including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out-of sequence working, nonproductive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
Approval of Final Artwork
While “Agency” takes all care to avoid errors, “Agency” accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the “Client” responsibility to proofread and approve all final copies before the production of artwork. The email verification of the Client’s representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation, or installation. No refunds or reprints are given after a final approved design has gone to print due to oversights by “The Client’s” proofreading.
Design post- completion alterations
Once the design is complete, “Agency” will provide the customer with the opportunity to review the resulting work. “Agency” will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to the placement of items on the page. It does not include changes to images, color schemes, or any navigation features. Any minor changes can be notified to “Agency” by e-mail. “Agency” will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period. A fee after this time for tweak and amendments is payable depending on the scope of work plus TAX if applicable.
Rights of Refusal
Agency 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. Agency also reserves the right to refuse to include submitted material without giving a reason. In the situation where any images and/or data that Agency does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow Agency to remove the contravention without hindrance, or penalty. Agency is to be held in no way responsible for any such data being included.
Printing, Returns and Refunds
With all printing, there may be some color variations from what you have seen on screen to what the final product looks like and previous orders. This is due to the nature of CMYK printing and the bulk-run printing system. There will be no reprints at the expense of “Agency”.
It is agreed that the “Agency” is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given in writing), committed to print, or posted in view of the public. “Agency” will not be held responsible for any changes or amendments made after approval. It is the sole responsibility of the client to notify the “Agency” of any such errors during the revision cycle and before the final files have been generated. In the event of a need to reprint due to errors in content, the client must inform “Agency” within 3 days of product acceptance and must return the product (at the cost of the client) within 10 days of acceptance for assessment. As with all print projects, payment for the re-printed project MUST be prepaid.
“Agency” retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of “Agency”. “Agency” may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, “Agency” retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery and where the client has specifically requested in writing otherwise.
Cancellation of order
In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to “Agency”. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs.
If the project is more than 50% completed (this is determined by “Agency” and the client by negotiation) a pro rata payment is payable for time spent up until cancellation notice. If a project is canceled by the “Agency”, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the “Agency”.
It is agreed that “Agency” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.
Freelance contractors and confidentiality
All contractors employed by “Agency” are held to a strict confidentiality and non-disclosure agreement. Contractors of “Agency” are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with “Agency”. If this was to be breached by the contractor “Agency” will take swift and reparatory measures to ensure the “The Client” is made aware that the contractor in question is no longer a representative of “Agency” and acting independently.
Furthermore, the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases.
“Agency” aims for the complete security of our clients and if we select contractors it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict “Agency’s” guidelines of professional behavior and ethics.
Disclaimer Graphic design, strategy, photography, and marketing are all highly creative and subjective art forms. As such “Agency” takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however the “Agency” cannot be held responsible for variations between expectation and outcome.