TERMS & CONDITIONS - DESIGN SERVICES

The following Terms and Conditions of Service apply to all freelance graphic design services provided by James Bensly and in the event of any dispute are governed by the laws of England.

All work is carried out by James Bensly on the understanding that the client has agreed to my terms and conditions.

Copyright is retained by James Bensly on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of James Bensly, unless specifically agreed in writing.

PROJECT ACCEPTANCE

The copy of the quotation/estimate is to be signed and dated by the customer to indicate acceptance and should be emailed to jamesbensly@outlook.com. Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept my terms and conditions, or an email acknowledging acceptance of the quotation.

DESIGN CHARGES

Charges for design services provided by James Bensly will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will be invoiced and due 30 days from date issued.

Unless agreed otherwise with the Client, all design services require an advance payment of a minimum 50% of the project quotation total before any work commences. The remaining 50% percent of the project quotation total as well as any additional charges that occur will be due upon completion of the work prior to the final design work being sent.

SOURCE FILES

I will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the design brief.

Charges for design work do not cover the release of my copyright design source files, including but not restricted to PSD, AI, png, EPS or other source files. If the Client requires these files for transfer to an in-house or other designer, they will be subject to a buyout charge.

CHARGES FOR OUR SERVICES

Should any additional services be requested during the project that are over and above the estimated time or out of scope, they will become fully payable (100% of the quoted amount) immediately at time of request.

PAYMENT

The customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and do all final checks before return the Approval Form or signify approval by email to jamesbensly@outlook.com.

Any invoice queries must be submitted by email within 14 days of the invoice date.

Accounts which remain outstanding on the 31st day after the date of invoice, will incur an overdue fee of 5% every 14 days until full payment is made.

Payments may be made by online transfer or Debit/ Credit Card.

I do not accept cheques.

Publication and/or release of work done by James Bensly on behalf of the client, may not take place before full payment has been received.

DEFAULT

An account shall be considered default if it remains unpaid for 42 days from the date of invoice. I will be entitled to remove my designs 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.

Removal of such materials does not relieve the client of its obligation to pay the due amount.

Customers whose accounts become default agree to pay all James Bensly’s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.

COPYRIGHT & TRADEMARKS

By supplying text, images and other data to James Bensly for inclusion in the customers design work 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 James Bensly on behalf of the customer, will remain the property of James Bensly and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose unless otherwise specified in writing.

The customer may request in writing from James Bensly, the necessary permission to use materials (for which I hold the copyright) in forms other than for which it was originally supplied, and James Bensly may, at his discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the artwork, images, text, or other data is used.

By supplying images, text, or any other data to James Bensly, the customer grants James Bensly permission to use this material freely in the pursuit of the design project.

Should James Bensly, or the customer supply an image, text, audio clip or any other file for use in any 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 James Bensly to remove and/or replace the file.

The customer agrees to fully indemnify and hold James Bensly 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 permission.

ALTERATIONS

The customer agrees that changes required over and above the quoted work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate/additional charge.

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

LICENSING

Any design, copywriting, drawing, idea or any other work created for the customer by James Bensly, or any of his contractors, is licensed for use by the client 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 James Bensly and any of his relevant sub-contractors.

All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.

James Bensly will not be held responsible for any and all damages resulting from such claims.

James Bensly is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold James Bensly responsible for any such loss or damage.

Any claim against James Bensly shall be limited to the relevant fee(s) paid by the customer.

FILE FORMATS

The client agrees to James Bensly’s definition of acceptable means of supplying files to the company.

Fonts are be supplied to James Bensly in electronic format in TTF or OTF files.

Images must be of a quality suitable for use without any subsequent image processing, and James Bensly will not be held responsible for any image quality which the client later deems to be unacceptable.

James Bensly cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Any design work supplied must be supplied in vector format. 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, colour correction and alteration of images as well as redrawing artwork.

DESIGN PROJECT DURATION

Any indication given by James Bensly of a design project’s duration is to be considered by the customer to be an estimation. James Bensly cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by James Bensly for the initial payment or by date confirmed in writing by James Bensly.

DESIGN PROJECT COMPLETION

James Bensly considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services hired for the project will be subject to a separate charge.

DESIGN CREDITS

The customer agrees to allow James Bensly to place websites and other designs, along with a link to the client’s site on James Bensly’s own website and social media for demonstration purposes and to use any designs in its own publicity and portfolios.

RIGHTS OF REFUSAL

James Bensly will not include in its designs, anything 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. James Bensly also reserves the right to refuse to include submitted material without giving reason. In the situation where anything that James Bensly does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow James Bensly to remove the contravention without hindrance, or penalty. James Bensly is to be held in no way responsible for any such data being included.

CANCELLATION

Cancellation of orders may be made initially by e-mail or using the website contact form. A cancellation form will be sent for completion for the customer to sign and confirm cancellation of the project. At the same time the customer will then be invoiced for all work completed over and above the 50% non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days.

Any cancellation which is not formally confirmed using the cancellation form and received by James Bensly within 30 days of the form being issued, will be liable for the full quoted cost of the project.

DISCLAIMER

James Bensly makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. James Bensly will not be held responsible for any and all damages resulting from products and/or services it supplies. James Bensly 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 James Bensly responsible for any such loss or damage. Any claim against James Bensly shall be limited to the relevant fee(s) paid by the customer.

James Bensly 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. James Bensly will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

GENERAL

James Bensly reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

ACCEPTANCE OF TERMS & CONDITIONS AND QUOTE

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

A quote validated by the customer’s signature on a quote form, or by email, constitutes acceptance of the quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and James Bensly.

These Terms and Conditions were last changed and is effective from 15/10/2024