Terms and Conditions

Scope
These Terms and Conditions of Service apply to all products and services supplied by Frantic Design and any work carried out by Frantic Design is undertaken on the understanding that the client agrees to these terms and conditions.

Copyright
Copyright for any work (including designs, text, pictures, illustrations, ideas, visuals or computer files originated by Frantic Design) remains the property of Frantic Design unless specifically released in writing and after all costs have been met in full. This condition does not effect the rights of other copyright holders (authors, photographers etc)

Licensing: Any design, text, drawing, photograph, image or computer code created for the client by Frantic Design or any of it's contractors, is licensed for use by the client on a one-time only basis and may not be modified, reused, or redistributed in any way or form without the express written consent of Frantic Design and any of it's relevant subcontractors. The client must request in writing from Frantic Design the necessary permission to use materials (for which Frantic Design holds the copyright) in forms other than those for which it was originally supplied and Frantic Design may, entirely at it's discretion, grant this. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

Supply, by the client, of any image, text, illustration, photograph or drawing should have the necessary copyright clearances. Obtaining these is entirely the responsibility of the client and Frantic Design cannot accept responsibility for any breaches of copyright in materials supplied by a client or their agents. By supplying images, text, or any other data, the customer grants Frantic Design permission to use this material freely in the pursuit of the design.

If a choice of design is presented to the client, only one solution is deemed to be given by Frantic Design in order to fulfil the contract. All other designs remain the property of Frantic Design unless there is specific agreement to the contrary. All preliminary design work, visuals or presentations are to be regarded as confidential and may not be shown to or used by any third party unless there is specific agreement with Frantic Design.

The client agrees to fully indemnify and hold Frantic Design free from harm in any and all claims resulting from the client not having obtained all the required copyright and/or any other necessary permissions.

Quotations and Estimates
Initial estimates and quotations are given on the basis of information supplied by the client. Frantic Design retains the right to amend any quotation in the event of the specifications for a specific job being changed or in the light of subsequent review of the project.

A job will only be accepted on receipt of written confirmation from the client. Alternatively, the client may send an official order in reply to the estimate or quotation. Any order placed by the client is taken as acceptance of these Terms and Conditions.

All quotations are valid for 28 days from the date of quotation

Charges and Payments
At the time of accepting a job, 50% of the quoted fee will become immediately due (for jobs with a net value in access of £1,000). Work on the project will not commence until Frantic Design has received this amount. Full payment shall be made on completion of the job not later than 28 days after invoice (unless otherwise stated on the invoice).

A minimum fee of £50.00 is charged for any job.

Charges for Other Services: Charges for any additional third party services, over and above the estimated design fee, will become fully payable at the time of estimate or quotation acceptance. Subsequent third party costs and fees (eg couriers, postage, delivery etc) shall be charged at cost to the client.

Alterations and Amendments: Any additional work over and above the original estimate carried out by Frantic Design or its agents is charged at the current standard hourly rate of either Frantic Design or its agents unless otherwise specified and agreed with the client. Changes required to be carried out after acceptance of the draft design will be liable to a separate charge at the current hourly rate.

Responsibilities
Every care is taken to ensure the accuracy of work undertaken but Frantic Design cannot accept any responsibility for errors or inaccuracies in any text or image supplied by the client or his/her agents. All work should be signed off as accurate prior to delivery either to the client, their agents or to a contractor or any other third party commissioned by Frantic Design on behalf of the client.

Proofs of all work may be submitted for the client's approval and Frantic Design shall not be liable for errors not corrected by the client in such proofs. The client's alterations and additional proofs, films, printing plates or other mechanical services or products necessitated thereby shall be charged as additional costs. Proofs cannot be regarded as accurate from the point of view of colour reproduction. No responsibility will be accepted for any errors in proofs approved by the client.

Text is to be supplied to Frantic Design in appropriate digital form as specified by Frantic Design or its agents. Images must be of a quality suitable for use without any subsequent image processing, and Frantic Design will not be held responsible for any image quality which the client later deems to be unacceptable. Frantic Design cannot be held responsible for the quality of any images which the client wishes to be scanned. Additional charges my be levied for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.

All original 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. Frantic Design will not be held responsible for any and all damages resulting from such claims. Frantic Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Frantic Design responsible for any such loss or damage. Any claim against Frantic Design shall be limited to the relevant fee paid by the client.

Design Project Scope and Duration
Any indication given by Frantic Design of a design project's duration is to be considered by the client to be an estimation. Frantic Design 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 Frantic Design for the initial payment or by a date confirmed in writing by Frantic Design at the start of a project. A design project shall be considered complete upon client sign off. Other services such as printing, display panel production, website uploading, publishing etc contracted on the client's behalf shall constitute a separate project and can be treated as a separate charge unless specified in the original quotation or estimate.

Frantic Design shall not be held responsible for uploading or hosting a website, search engine registration or server function. No guarantee is given regarding search engine placement.

Hosting websites: Frantic Design does not offer in-house hosting services and can only suggest possible subcontractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Frantic Design may request that clients change the type of hosting account used if that account is deemed by Frantic Design to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organisation are the responsibility of the client and Frantic Design is not liable for their payment.

Domain Registration: Frantic Design cannot guarantee the availability of any domain name. Where Frantic Design is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.

Design Credits
The client agrees to allow Frantic Design to place a small credit on printed material exhibition displays, advertisements and/or a link to Frantic Design's own website on the client'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 client also agrees to allow Frantic Design to place designs, along with a link to the client's website on Frantic Design's own website for demonstration purposes and to use any designs in its own publicity or promotional material in any media.

Rights of Refusal
Frantic Design 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. It is the responsibility of the client to obtain any necessary approvals. Frantic Design also reserves the right to refuse to include submitted material without giving reason.

Disclaimer
Frantic Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Frantic Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Frantic Design 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 quality of materials or third party services we recommend, we accept no responsibility for the performance or quality of materials or suppliers or any consequential loss arising from their failure. The client agrees not to hold Frantic Design responsible for any such loss or damage. Any claim against Frantic design shall be limited to the relevant fee paid by the client.

Frantic Design reserves the right to use the services of subcontractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Frantic Design 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 by Frantic Design.

December 2008

TERMS AND CONDITIONS | SELF-DEVISED PROJECTS