When hiring Thomas James for a project the client agrees to the following terms and conditions.
By agreeing to these terms and conditions your statutory rights are not affected.
Design Process:
A telephone or onsite meeting is held with the client to agree the general specification and requirements of the project.
A Thomas James hiring form requires a signature before a project can commence.
The client’s approval for work to commence shall be deemed a contractual agreement between the client and Thomas James.
If Thomas James is chosen and approved for a project the client will be provided with 2 design overviews.
Clients may request any number of revisions providing they give clear and concise feedback and that the process converges within the agreed deadline.
Thomas James has the right to add any client’s work to our portfolio and subsequently a mention of Thomas James or Urban Edge Design may be included on the work created.
Throughout the design process, any variations due to client change or instruction may incur additional costs. Any instruction to change will only be acceptable by both parties in writing.
Quotations:
The price quoted to the client is for the work agreed on the quotation only, additional add ons to a brief will effect project times and costs.
Prices:
All prices for Services provided by Thomas James to Customer are UK pounds Sterling.
Any work taken on by Thomas James may be subject to a deposit. This is non refundable.
Payment:
Our payment terms are:
Payment must be received within 30 days after completion of the project.
Payment must be made by cheque or cash and delivered to my studio premises (unless otherwise agreed)
Studio Address - (addressed on invoice)
Cheques must be payable to: Thomas James.
Any payment returned by the bank will incur a £35 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.
Late payments will be charged interest at our rate of 8.5%.
Publication and/or release of work done by Thomas James on behalf of the client, may not take place before cleared funds have been received.
Cancellation:
Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
Additional charges including but not limited to: stock photography; electronic commerce software; online transaction processing solutions; domain name registration; web space; Internet connection provided by third parties are non refundable.
Copyright:
Artwork, images, video, audio or text supplied and/or created by Thomas James on behalf of the client, will remain the property of Thomas James.
Copyrights and Trademarks - By supplying resource materials to Thomas James for inclusion in the client’s project, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Thomas James must be informed of any material supplied by the client that is not copyright free.
The client agrees to fully indemnify and hold Thomas James free from harm in any and all claims resulting from the customer not having obtained all the required copyright, and/or any other necessary permissions.
All work carried out by Thomas James is the copyright of Thomas James and may not be copied/reproduced without permission or used by other companies on the behalf of the client. All rights reserved.
Thomas James remains the owner of all work created for clients unless the this right is purchased off him.
Intellectual Property Rights:
Material accessible to you through Thomas James may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Thomas Jame's name in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through Thomas James. If you use a domain name in connection with Thomas James or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Web design:
Domain Registration:
Web packages are hired per year so a renewal fee will be required.
Thomas James cannot guarantee the availability of any domain name.
Any Domain names registered for clients by Thomas James are the property of Thomas James.
If transferring a Domain name to a different company Thomas James must be informed of this and a release fee may be required this is normally set buy the domain registration company Thomas James has used to register the domain name.
Thomas James uses a third party hosting company whose privacy statement reads as follows:
"Our privacy statement sets forth your and our rights and responsibilities with regard to your personal information. You agree that we, in our sole discretion, may modify our privacy statement. We will post such revised statement on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by using our services after modifications to the privacy statement become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, we have the right to terminate this agreement forthwith without notice to you. We will not refund any fees paid by you if you terminate your Agreement with us. We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement and we will take reasonable precautions to protect your personal data from loss, misuse and unauthorized access, disclosure, alteration or destruction. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party's personal data has been collected, (ii) the intended recipients or categories of recipients of the third party's personal data, (iii) which parts of the third party's data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information. Even if you intend to license the use of our domain name registration services to a third party, you will remain our customer and you are responsible for complying with all terms and conditions of this Agreement. Subject to the requirements of our privacy statement, in order for us to comply the current rules and policies for the domain name system, you hereby grant to us the right to disclose to third parties through an interactive publicly accessible registration database the following mandatory information that you are required to provide when registering or reserving a domain name: (i) the domain name(s) registered by you; (ii) your name and postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number and where available the fax number(s) of the technical and administrative contacts for your domain name(s); (iv) the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s); (v) the corresponding names of those nameservers; (vi) the original creation date of the registration; and (vii) the expiration date of the registration. We, as are all accredited domain name registrars, are also required to make this information available in bulk form to third parties who agree not to use it to (a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) or (b) enable high volume, automated, electronic processes that apply to our systems to register domain names."
As we use third party hosting companies, we do not take responsibility for any server problems they are experiencing.
Search Engine Optimisation:
Due to the infinite number of considerations that search engines use when determining a site's ranking, Thomas James cannot guarantee any particular placement.
Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another.
Rankings will also vary as new sites are added.
Printing:
Any material requiring printing by Thomas James may be subject to a deposit. This is non refundable.
Thomas James has the right to choose the printing supplier required unless the client chooses otherwise.
Any changes to final artwork, once it has gone to print, will incur additional charges.
Logo / Graphic Approval:
The design process will terminate when the client gives a signature for final approval.
All liabilities for errors, changes, or alterations become the responsibility of the client, once approved.
Material/Data Collection:
The customer agrees to supply Thomas James with all necessary materials electronic or otherwise required to create and complete the project and to supply them in a timely manner.
Text is to be supplied to Thomas James in electronic format as standard text (.txt), MS Word (.doc) or CD-ROM, or via e-mail.
Digital/hardcopy images are to be provided in a format as prescribed by Thomas James CD-ROM, or e-mail. Thomas James cannot be held responsible for the quality of any images supplied by the client.
Any material collected by Thomas James may be subject to additional charges.
Maintenance:
All future maintenance to any project will include an update fee depending on the size of update and time allocated to complete it.
Travel Time and Expenses:
Travelling time to and from customer premises is not generally included in our estimate. Thomas James reserves the right to make a charge for travelling time at our normal consultancy rates. Likewise Thomas James reserve the right to charge for travelling expenses based on 45p per mile. (NOTE: There will be no charges for travelling time or expenses incurred before you give your approval for work to commence).
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