Terms & Conditions
The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Frontroom Creative Ltd.
All design work is carried out by Frontroom Creative Ltd on the understanding that the client has agreed to abide by Frontroom Creative Ltd terms and conditions.
Copyright of all graphic design work is retained by Frontroom Creative Ltd including concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by Frontroom Creative Ltd as fulfilling the contract. All other artwork designs remain the property of Frontroom Creative Ltd, unless agreed in writing.
Project acceptance
At the time of proposal, Frontroom Creative Ltd will provide the client with a written estimate or quotation. The Terms and Conditions are outlined in full below.
A copy of the quotation is to be acknowledged by the client to indicate acceptance and should be sent by email or returned by post to Frontroom Creative Ltd. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Frontroom Creative Ltd terms and conditions. No work on a project will commence until either document has been received by Frontroom Creative Ltd.
Design fees
Fees for design services to be provided by Frontroom Creative Ltd, will be set out in the written estimate or quotation that is provided to the client. At the time of the client’s acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due for all new clients. Work on the project will not commence until Frontroom Creative Ltd has received this amount.
Charges for other services
Charges for any additional services over and above the estimated design, will become fully payable at the time of project acceptance.
Payment
The client will be required to provide artwork sign off for all artwork/print/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 8% per month of the outstanding amount.
Payments may be made by BACs, or bank transfer.
A deposit is required with the first project which will be set with the quote. Any print job over the value of £200 may need to be paid in full prior to order. This is at Frontroom Creative Ltd’s discretion and will be clarified on the quote.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Frontroom Creative Ltd shall be considered entitled to remove Frontroom Creative Ltd and/or the client’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 printers, photographers and libraries.
Removal of such materials does not relieve the client of it’s obligation to pay the due amount. Clients whose accounts become default agree to pay Frontroom Creative Ltd 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 Frontroom Creative Ltd for inclusion in the marketing item(s), the client declares that they hold the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Frontroom Creative Ltd on behalf of the client, will remain the property of Frontroom Creative Ltd and/or it’s suppliers, excluding logo design in which full copyright will be passed to the client upon receipt of full payment.
The client may request in writing from Frontroom Creative Ltd, the necessary permission to use materials (for which Frontroom Creative Ltd holds the copyright) in forms other than for which it was originally supplied, and Frontroom Creative Ltd may, at their discretion, grant this. Such permission must be obtained in writing before it will allow any of the preceding artwork, images, text, or other data to be used. Frontroom Creative Ltd reserves the right to charge fees for additional usage.
By supplying images, text, or any other data to, the client grants, Frontroom Creative Ltds’ permission to use this material freely in the pursuit of the design and to utilise the designs in Frontroom Creative Ltds’ portfolio unless agreed otherwise.
Should Frontroom Creative Ltd or the client 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 client will agree to allow Frontroom Creative Ltd to remove and/or replace the file.
The client agrees to fully indemnify and hold Frontroom Creative Ltd free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
Alterations
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The client also agrees that Frontroom Creative Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copy writing, drawing or idea created for the customer by Frontroom Creative Ltd, or any of it’s 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 Frontroom Creative Ltd and any of it’s relevant sub-contractors.
All design work where there is a risk that another party may 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. Frontroom Creative Ltd will not be held responsible for any and all damages resulting from such claims. Frontroom Creative Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Frontroom Creative Ltd responsible for any such loss or damage. Any claim against Frontroom Creative Ltd shall be limited to the relevant design fee(s) paid by the client.
Data Formats
The client agrees to Frontroom Creative Ltds’ definition of acceptable means of supplying data to the company. Text is to be supplied to Frontroom Creative Ltd in electronic format as standard text (.txt), MS Word (.doc), via a transfer site, shared drive or via email. Images which are supplied in an electronic format, are to be provided in a format as prescribed by Frontroom Creative Ltd in electronic data format. Images must be of a quality suitable for use without any subsequent image processing and Frontroom Creative Ltd will not be held responsible for any image quality which the client later deems to be unacceptable. Frontroom Creative Ltd 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.
Design Project Duration
Any indication given by Frontroom Creative Ltd of a design project’s duration is to be considered by the client to be an estimation. Frontroom Creative Ltd 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 of the deposit are received by Frontroom Creative Ltd in good time.
Design Project Completion
Frontroom Creative Ltd considers the design project complete upon receipt of the client’s sign off. Other services such as printing, large format production, film work, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Frontroom Creative Ltd will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.
Design Credits
The customer agrees to allow Frontroom Creative Ltd to place a small credit on printed material, exhibition displays, advertisements and/or a link to Frontroom Creative Ltds’ own website on the client’s website with their agreed consent. This will usually be in the form of a small logo or line of text placed towards the bottom of the page with their agreed consent.
The client also agrees to allow Frontroom Creative Ltd to place all designs on Frontroom Creative Ltds’ own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise with their agreed consent.
Rights of Refusal
Frontroom Creative Ltd 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. Frontroom Creative Ltd also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Frontroom Creative Ltd does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow Frontroom Creative Ltd to remove the contravention without hindrance, or penalty. Frontroom Creative Ltd 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 email, however, following this, Frontroom Creative Ltd 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 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Frontroom Creative Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
Frontroom Creative Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Frontroom Creative Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. Frontroom Creative Ltd 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 client agrees not to hold Frontroom Creative Ltd responsible for any such loss or damage. Any claim against Frontroom Creative Ltd shall be limited to the relevant design fee(s) paid by the client.
Frontroom Creative Ltd 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. Frontroom Creative Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
General
Frontroom Creative Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Frontroom Creative Ltd and validated by the client’s written response to the estimate or quotation, 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 client and Frontroom Creative Ltd.