These terms and conditions set out the basis upon which EEW Design Limited (EEW Design) will deal with your project. EEW Design provides a range of services including:
Any variation to these terms will not be accepted without the express written authority from both parties.
Client: The individual or entity engaging EEW Design for services.
Services: The work provided by EEW Design as outlined in the project brief.
Deliverables: The final output of the services provided by EEW Design.
Confidential Information: Any non-public information disclosed by either party in connection with the services.
All design jobs must have a full briefing from the client. EEW Design accepts no liability for inadequate or inaccurate briefing provided by the client. All briefings and instructions, including any amendments to the original brief, must be provided in writing.
EEW Design will do its best to ensure that the estimate is a genuine reflection of the work being considered. However, it is not a quotation. EEW Design will advise you if it appears that the estimate is likely to be exceeded as soon as it becomes apparent, and any additional costs must be mutually agreed between the parties before work continues. Matters which may increase the estimate include:
Unforeseen increases in materials and services to be provided by third parties.
Delay caused by failure of the client to provide appropriate information to enable timely completion, preparation, and delivery of the requested design work.
Unforeseen additional work at the request of the client.
Change or alterations of design, quality, or specification and production details by the client.
Correction of errors made by the client.
EEW Design is registered for VAT. VAT at the current rate will be applied to all invoices. All invoices shall be issued in line with the Estimate and payable within 30 days of receipt. EEW Design may require stage payments as set out in the Estimate. In the event of non-payment of stage payments, EEW Design reserves the right to cease work. The final instalment will be payable on completion before the work is released to you. Interest will be charged on late payment at the rate of 2% above Libor for the time being accruing on a daily basis. Any title intended to be transferred in the work produced by EEW Design will not pass until payment in full, and the customer will therefore not have the right to use the subject matter of any of our projects until payment has been made (excludes working files).
All copy must be supplied in digital format.
The client must provide all images as high-resolution digital assets.
All logos must be supplied in vector format (e.g., AI, EPS, SVG, PDF). If a vector format is not available, logos should be provided as high-resolution raster graphics.
EEW Design will not be held responsible for images supplied at the incorrect resolution and/or file format as this may result in poor quality print or screen reproduction.
EEW Design will prior to printing send the customer black and white or colour proof of design work as agreed. The customer must signify in writing its approval or as the case may be any amendment to the proof. Such approval means that the customer accepts the proof as approved or amended and EEW Design shall in no way be responsible for any errors or omissions in the proof that are not brought to its attention irrespective of blame.
All amendments are chargeable at our standard hourly rate.
In the event that the client provides artwork, it will be deemed to be correct. No proof or amendment will be required unless expressly requested in writing by the client.
Should it be necessary for EEW Design to use the services of any third party on the instructions of the customer, EEW Design cannot be held responsible for negligence or failure to perform by that third party.
All materials or other work used in the production will normally be archived for a minimum period of six months unless the customer gives written instructions to the contrary. There may be an additional charge for returning or preserving the same beyond the initial period of six months or for providing further copies of documents or access to the original source file.
EEW Design shall be indemnified by the client in respect of any claim, cost, and expense arising out of any libellous matter or any infringement of copyright, patent, design, or any other proprietary or personal rights contained in any material printed for the customer.
Any and all revision requests, updates, corrections, additions, or variations must be furnished to EEW Design in writing. Revisions may be discussed verbally, however, no work will be done until the client submits their revisions in writing by email. The client understands that any and all revision requests, updates, corrections, additions, or variations will incur an hourly billable or project charge. Design work is not done free of charge unless otherwise arranged with EEW Design explicitly and clearly in writing.
The client is responsible for:
Providing timely feedback.
Supplying necessary materials.
Ensuring that all content provided does not infringe on third-party rights.
Thoroughly reviewing and approving all proofs and final versions before production or publication. Any errors not corrected by the client during the proofing process are the client’s responsibility.
Delivery shall take place in accordance with the estimate. Time shall not be of the essence. Time stated for delivery is a bona fide estimate only.
EEW Design shall be under no liability for failure to perform its obligations if the delay or failure was due to any cause beyond EEW Design’s reasonable control. EEW Design will not have any liability in excess of the contract price.
Images bought at the expense of EEW Design on stock websites (image, video, audio, etc.) remain the property of EEW Design. We will transfer ownership to the client upon payment in full of our expenses but subject to any restrictions placed on us by the suppliers.
EEW Design retains the copyright in all website design until payment in full has been made, whereupon all artwork files will be transferred to the client in digital form.
EEW Design retains the copyright in illustrations and photographs created by them. The client may only use illustrations and photographs for the original purpose commissioned by it, unless otherwise agreed by EEW Design. An additional fee will normally be required for a licence to use for other purposes.
Until payment in full has been made, EEW Design reserves the right not to allow the website to go live whether hosted by ourselves or a third party.
Subject to the client’s rights upon payment in full to use the products created by EEW Design, EEW Design retains the ownership in all original source files.
EEW Design will retain copyright in all videos, audio, and audiovisual production projects. The final film will be released on payment in full and other unused materials will be subsequently returned only upon payment of our fees.
EEW Design reserves all rights until payment in full.
Subject to the client’s rights upon payment in full to use the products created by EEW Design, EEW Design retains the ownership in all original working files. Clients may obtain access to working files by paying a ‘working files release fee’ of between 100-300% of the original project value.
EEW Design may not use the design work in any manner at any time for the purpose of advertising or otherwise promoting its work unless expressly agreed in writing by the client.
EEW Design is not liable for any errors in finalised projects, including printed materials and published assets (both print and digital).
The burden of proofing and sign-off is the client’s full responsibility.
The client must thoroughly review and approve all proofs and final versions before production or publication.
Any errors not corrected by the client during the proofing process are the client’s responsibility.
Payment terms are 30 days from the date of the invoice.
Invoices not paid within this period will incur interest at the rate of 2% above Libor, accruing daily.
EEW Design reserves the right to cease work on any project if payment terms are not met.
If the client wishes to cancel a project, they must provide written notice to EEW Design.
Upon cancellation, the client will be invoiced for all work completed up to the date of cancellation.
If the project is cancelled after significant progress has been made, EEW Design reserves the right to invoice for the full project amount.
Any deposits or stage payments made are non-refundable.
Both parties agree to keep confidential all information that is disclosed during the course of the project. This includes, but is not limited to, business strategies, financial information, and proprietary materials.
EEW Design agrees not to disclose any confidential information to third parties without the client’s prior written consent, except as required by law.
EEW Design is willing to sign a Non-Disclosure Agreement (NDA) if required by the client.
The client agrees to indemnify, defend, and hold harmless EEW Design, its directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with any third-party claims related to the services provided by EEW Design, including but not limited to claims of infringement of intellectual property rights, libel, or any other proprietary or personal rights.
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
Any disputes arising under or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.