The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Toni Sian Williams.
All design work is carried out by Toni Sian Williams on the understanding that the client has agreed to abide by Toni Sian Williams terms and conditions.
Copyright of all graphic design work is retained by Toni Sian Williams including copy, 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 Toni Sian Williams as fulfilling the contract. All other artwork designs remain the property of Toni Sian Williams, unless agreed in writing.
At the time of proposal, Toni Sian Williams will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Toni Sian Williams 's website.
A copy of the written estimate or quotation is to be approved by the customer to indicate acceptance . Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Toni Sian Williams 's terms and conditions.
Fees for design services to be provided by Toni Sian Williams, this will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's stated acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee may be required depending on the job size, this will be communicating upon receipt of the estimate or quote. Work on the project will not commence until Toni Sian Williams 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.
The client will be asked to provide artwork sign off before followed by an Invoice prior to print/artwork/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 2% per month of the outstanding amount.
Payments may be made by Bacs, cash, cheque, or (for overseas customers), Paypal or previously agreed electronic funds transfer.
Publication and/or release of work done by Toni Sian Williams on behalf of the client, may not take place before funds have cleared.
Returned cheques will incur an additional fee of £50 per returned cheque. Toni Sian Williams reserves the right to cancel any ongoing services if a cheque is returned.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Toni Sian Williams shall be considered entitled to remove Toni Sian Williams 's 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, including, but not limited to, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it's obligation to pay the due amount.
Copyrights and Trademarks
By supplying text, images and other data to Toni Sian Williams for inclusion in the customer's printed content or other medium, 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 Toni Sian Williams on behalf of the customer, will remain the property of Toni Sian Williams and/or it's suppliers, excluding Logo design in which full copyright will be passed to the client upon receipt of full payment.
The customer may request in writing from Toni Sian Williams, the necessary permission to use materials (for which Toni Sian Williams holds the copyright) in forms other than for which it was originally supplied, and Toni Sian Williams may, at it's own discretion, grant this. Raw artwork files will not be supplied unless agreed in writing in advance by Toni Sian Williams. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. Toni Sian Williams reserves the right to charge fees for additional usage.
By supplying images, text, or any other data to Toni Sian Williams , the customer grants Toni Sian Williams permission to use this material freely in the pursuit of the design and to utilise the designs in Toni Sian Williams 's portfolio unless agreed otherwise.
Should Toni Sian Williams , or the customer 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 customer will agree to allow Toni Sian Williams to remove and/or replace the file.
The customer agrees to fully indemnify and hold Toni Sian Williams 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 required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that Toni Sian Williams holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea created for the customer by Toni Sian Williams , 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 Toni Sian Williams 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. Toni Sian Williams will not be held responsible for any and all damages resulting from such claims. Toni Sian Williams is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Toni Sian Williams responsible for any such loss or damage. Any claim against Toni Sian Williams shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Toni Sian Williams's definition of acceptable means of supplying data to the company.
Text is to be supplied to Toni Sian Williams in electronic format as standard text (.txt), MS Word (.doc) on USB, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Toni Sian Williams via USB, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Toni Sian Williams will not be held responsible for any image quality which the client later deems to be unacceptable. Toni Sian Williams 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 Toni Sian Williams of a design project's duration is to be considered by the customer to be an estimation. Toni Sian Williams 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 a deposit are received by Toni Sian Williams.
Design Project Completion
Toni Sian Williams considers the design project complete upon receipt of the customer's sign off. Other services such as printing, display panel production, filmwork, website content, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Once web design is complete, Toni Sian Williams will provide the customer with the opportunity to review the resulting work. Toni Sian Williams will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Toni Sian Williams by e-mail.
Toni Sian Williams will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
The customer agrees to allow Toni Sian Williams to place a small credit on printed material, exhibition displays, advertisements and/or a link to Toni Sian Williams 's own website on the customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Toni Sian Williams to place all designs on Toni Sian Williams 's own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
Toni Sian Williams 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. Toni Sian Williams also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Toni Sian Williams does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Toni Sian Williams to remove the contravention without hindrance, or penalty. Toni Sian Williams is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Toni Sian Williams will need formal notification in writing. The client will then be invoiced for all work completed that will have been made at the time of first ordering. The balance of monies due must be paid within 7 days of receipt of the invoice. Please note: any cancellation which is not formally confirmed in writing and received by Toni Sian Williams within 7 days of such instruction being issued, will be liable for the full quoted cost of the project.
Toni Sian Williams makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Toni Sian Williams will not be held responsible for any and all damages resulting from products and/or services it supplies. Toni Sian Williams 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 Toni Sian Williams responsible for any such loss or damage. Any claim against Toni Sian Williams shall be limited to the relevant fee(s) paid by the customer.
Toni Sian Williams 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. Toni Sian Williams will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Toni Sian Williams and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Toni Sian Williams recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Toni Sian Williams 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 Toni Sian Williams and validated by the customers on 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 customer and Toni Sian Williams.