1. Introduction

All work is carried out by Designerscare on the understanding that the client has agreed to our terms and conditions. These terms and conditions (“the terms”) govern every contract made between Designerscare for the supply of goods and services to any person, firm or company (“the client”). The terms prevail over any written terms and conditions of the client. Any variation to the terms must be agreed in writing by the director of Designerscare. All contracts between Designerscare and the client will be governed by local law and the parties agree to submit to the exclusive jurisdiction of the Texas courts.

 

 

  1. Price and payment

The client will pay Designerscare the agreed fee as estimated. Invoices from Designerscare to client for supply of goods or services should be paid in full within 30 days of invoice. The client will pay Designerscare any expenses incurred by in connection with the recovery of monies outstanding (including legal costs on an indemnity basis). After 30 days, Designerscare will invoice the client for work completed if feedback is not received to progress the client’s project.

 

 

  1. Ordering

Orders for work must be given in writing to Designerscare by the client – either by email or mail. Not withstanding clause 3.1, if Designerscare accepts a verbal order from the client, Designerscare will not be held responsible for any mistakes (made by either party) arising from that verbal order. Designerscare reserves the right to refuse to accept any order. Any work we undertake for new clients is subject to written instruction to proceed, together with 50% payment of the estimated cost.

 

 

  1. Estimates

All estimates given by Designerscare will be valid for 30 days from the date of estimate. All estimates will be supplied in writing. The client has to acknowledge that the estimate is acceptable in writing: fax, mail or email. No work will commence until this confirmation has been received by Designerscare. Acceptance of a estimate is deemed as a contractual agreement between the client and Designerscare. If at any point during the design or development process a client wishes to terminate the agreement, we shall invoice the client an amount in proportion to the work completed. This will include administration and travel time. No property in the work done shall pass to the client. Designerscare reserves the right to revisit and increase the estimate if additional time is required to complete the project.

 

 

  1. Proofing

Designerscare will supply the client with either a hard copy or PDF proof. Whilst we endeavour to provide a thorough, error-free service, it is the sole responsibility of the client to check all content of said proof – including spelling, grammar, punctuation and use of images – unless otherwise stipulated by Designerscare. Designerscare will provide the client with up to three proofs, unless otherwise agreed at commencement of the project. As a guideline these proofs should progress through the following stages:-

Proof  1:         amendments to general design/layout (including image usage)
Proof  2:         corrections to text (including grammar and spelling)
Proof  3:         (final proof) check all content thoroughly and sign off in writing or via email. Designerscare cannot accept liability for errors within the copy beyond this stage.

Due to differences in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed.

All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that Designerscare shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter or any other materials supplied by the customer and the printed article the subject of the customer’s order.

 

 

  1. Turnaround times

Turnaround times are normal target times only and Designerscare accepts no liability for failure to meet these times, but will use its best endeavor’s to do so.

 

 

  1. Image quality

Designerscare will inform the client if images supplied are – in their professional opinion – not of suitable quality for print. However, if the client once apprised of this, chooses to retain use of the image in question, Designerscare will not be held responsible for quality of reproduction.

 

 

  1. Print material and finish

Unless stated by the client, Designerscare will decide, at its sole discretion, weight of material and which print finish to use.

 

 

  1. Web-design and publishing

Unless otherwise stipulated, Designerscare will not accept responsibility for ensuring that a client’s website is catalogued or ranked highly by any search engine. Designerscare cannot guarantee the appearance of any website it designs will not alter within the confines of non-specified browsers or monitor dimensions. Designerscare will supply the client with all login information pertaining to the client’s site. After work on the client’s web-site has been ceased, Designerscare will not be held responsible for the maintenance, monitoring or upkeep of said site unless otherwise agreed in writing. If payment for design or development services is not received within the agreed time period, Designerscare reserves the right to remove any unpaid-for content from the client’s website. Unless otherwise stipulated in writing, it is the client’s sole responsibility to ensure payment (monthly or annual) for the domain name and web-space associated with their site. Although Designerscare may sometimes offer the set-up of mailboxes as part of its website publishing service, it cannot be held responsible for any problems that occur as a result of the client’s own email software or set up.

 

 

  1. Colour balancing

Designerscare will, if requested by the client, scan images to a colour balance provided by the client by way of reference prints or polaroids. If no such request or reference material is provided by the client Designerscare will scan and/or print images using its own ‘judgement’ for colour balancing.

 

 

  1. Uncollected work

If any items of work including prints and original files belonging to a client are not collected after 12 months of the requested work being done, Designerscare reserve the right to dispose of such material.

 

 

  1. Copyright and moral rights

All creative material produced by Designerscare – including logo visuals, design proofs, website design and design concepts – remains the legal copyright of Designerscare until such time as the client’s payment is received and the contract completed, or until written confirmation has been given. Designerscare claims no copyright in material submitted to us for the purposes of fulfilling the client’s instruction. The client warrants that the client owns or controls all rights, has obtained all copyright, or has permissions, consents and waivers that as are now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by Designerscare. The client also warrants that no copyright or moral rights will be infringed by Designerscare carrying out the requested work. The client agrees to indemnify Designerscare against all losses, damages, claims or expenses which Designerscare may incur by virtue of any breach of the above warranties.

 

 

  1. Liability

The client must contact Designerscare concerning details of an invoice within 7 days of the date of the invoice. Designerscare liability to the client or any other party for the loss including theft, or destruction or damage to any materials provided by the client which are deposited with Designerscare for whatever reason;-

  1. a) Will be limited to the replacement cost of the actual material and;
    b) Designerscare will not be liable for the cost of reshooting or reprinting the material contained on the material and;
    c)  Designerscare will not be liable for any loss or damage to the client or any other party including loss of income and;
    d)  It is the client’s responsibility to insure against such loss and damage.

Designerscare will not be liable for failing to complete any contract between Designerscare and the client due to circumstances beyond Designerscare’ control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.