The following Terms and Conditions of Service apply to all products and services provided by Designs in Mind CIC and in the event of any dispute are governed by the laws of England.
All work is carried out by Designs in Mind CIC is on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Designs in Mind CIC 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 Designs in Mind CIC, unless specifically agreed in writing.
At the time of proposal, Designs in Mind CIC will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Designs in Mind CIC website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Designs in Mind CIC.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the Designs in Mind CIC, Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Charges for design services to be provided by Designs in Mind CIC 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 become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to delivery.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Payment for Design Services
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 return the Approval Form or signify approval by email to Designs in Mind CIC
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card.
Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery.
Publication and/or release of work done by Designs in Mind CIC on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of £50 per returned cheque. Designs in Mind CIC reserves the right to consider an account to be in default in the event of a returned cheque.
Copyrights and Trademarks
By supplying text, images and other data to Designs in Mind CIC for inclusion in the customers project, 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 Designs in Mind CIC on behalf of the customer, will remain the property of Designs in Mind CIC 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.
The customer may request in writing from Designs in Mind CIC, the necessary permission to use materials (for which Designs in Mind CIC holds the copyright) in forms other than for which it was originally supplied, and Designs in Mind CIC may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
By supplying images, text, or any other data to Designs in Mind CIC, the customer grants Designs in Mind CIC permission to use this material freely in the pursuit of the design.
The customer agrees to fully indemnify and hold Designs in Mind CIC 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.
The customer agrees that changes required over and above the estimated 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 charge.
The customer also agrees that Designs in Mind CIC holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing or idea created for the customer by Designs in Mind CIC, 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 Designs in Mind CIC.
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.
Designs in Mind CIC will not be held responsible for any and all damages resulting from such claims.
Designs in Mind CIC is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Designs in Mind CIC responsible for any such loss or damage.
Any claim against Designs in Mind CIC shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Designs in Mind CIC’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Designs in Mind CIC in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Designs in Mind CIC via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Designs in Mind CIC will not be held responsible for any image quality which the client later deems to be unacceptable.
Designs in Mind CIC 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 Designs in Mind CIC of a design project’s duration is to be considered by the customer to be an estimation. Designs in Mind CIC 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 Designs in Mind CIC for the initial payment or by date confirmed in writing by Designs in Mind CIC.
The customer agrees to supply Designs in Mind CIC 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
Designs in Mind CIC considers the design project complete upon receipt of the customer’s signed Approval form or signoff email.
The customer also agrees to allow Designs in Mind CIC to place collaboration details, images of artwork and other designs, along with a link to the client’s site on Designs in Mind CIC’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Designs in Mind CIC 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.
Designs in Mind CIC also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Designs in Mind CIC does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Designs in Mind CIC to remove the contravention without hindrance, or penalty. Designs in Mind CIC is to be held in no way responsible for any such data being included.
Cancellation of Design Services
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Designs in Mind CIC 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 Designs in Mind CIC within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Designs in Mind CIC makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Designs in Mind CIC will not be held responsible for any and all damages resulting from products and/or services it supplies. Designs in Mind CIC is not responsible for any loss, 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 Designs in Mind CIC responsible for any such loss or damage. Any claim against Designs in Mind CIC shall be limited to the relevant fee(s) paid by the customer.
Designs in Mind CIC 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. Designs in Mind CIC will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Designs in Mind CIC 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 Designs in Mind CIC, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.designsinmind.co.uk
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, 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 Designs in Mind CIC.