terms and conditions.

The following Terms and Conditions of Service apply to all services provided by Clementine Design Services Ltd (hereafter referred to as ‘Clementine DS’). All work carried out by Clementine DS is on the understanding that the customer has agreed to these Terms and Conditions.

Copyright is retained by Clementine DS on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Clementine DS, unless specifically agreed in writing.

Project Acceptance

At the time of proposal, Clementine DS will provide the customer with a written estimate or quotation by email. The customer must send an email acknowledging acceptance of the quotation for works to commence, which binds the customer to accept our terms and conditions. For the avoidance of doubt, the Clementine DS Terms & Conditions are what govern the job. These Terms and Conditions can be read at any time on the Clementine DS website.

Design Charges

Charges for design services to be provided by Clementine DS will be set out in the written estimate or quotation that is provided to the customer. A daily rate will only be applied upon agreement before a project commences and a ‘day’ is limited to 8 hours work. When not agreed in advance, design services will be charged at an hourly rate. Any projects that require availability on an ad-hoc basis (but over a block of time) will be charged at an hourly rate.

Source Files

Clementine DS will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request. Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png or other source files; if the customer requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.

Payment

The customer will be provided with a Proof Email and an Invoice after final publication. At this time the full amount due will become payable and the customer will also be required to signify approval by email to Clementine DS. Any invoice queries must be submitted by email within 14 days of the invoice date. Payments are requested to be made by online transfer.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Clementine DS shall be entitled to remove Clementine DS’s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay all Clementine DS‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.

Copyrights and Trademarks

Any artwork, words/text, pictures, ideas, images, visuals or illustrations supplied and/or designed by Clementine DS on behalf of the customer, will remain the property of Clementine DS and/or their suppliers until paid for in full. Clementine DS will supply the finished product for the intended purpose excluding the source files. The customer may request in writing from Clementine DS the necessary permission to use materials (for which Clementine DS holds the copyright) in forms other than for which it was originally supplied, and Clementine DS may, at our discretion, grant this. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data can be used. Clementine DS reserves the right to show any work produced by them at any stage within a Portfolio, unless requested not to in writing. By supplying artwork, words/text, pictures, ideas, images, visuals, illustrations and other data to Clementine DS for inclusion in the customer’s design or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions and grants Clementine DS permission to use this material freely in the pursuit of the design. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Should Clementine DS or the customer supply an image, text 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 Clementine DS to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Clementine DS 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.

Alterations

The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge. The customer also agrees that Clementine DS holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing or idea created for the customer by Clementine DS, or any of its contractors, is licensed for use by the customer 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 Clementine DS and any of its relevant sub-contractors. All design work, where there is a risk that another party make a claim, should be registered by the customer with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Clementine DS will not be held responsible for any and all damages resulting from such claims. Clementine DS is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Clementine DS responsible for any such loss or damage. Any claim against Clementine DS shall be limited to the relevant fee(s) paid by the customer.

Design Project Duration

Any indication given by Clementine DS of a design project’s duration is to be considered by the customer to be an estimation. Clementine DS cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date confirmed in writing by Clementine DS.

Design Project Completion

Clementine DS considers the design project complete upon receipt of the customer’s signoff email. Other services such as printing contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.

Rights of Refusal

Clementine DS 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. Clementine DS also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Clementine DS does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Clementine DS to remove the contravention without hindrance or penalty. Clementine DS is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders must be made in writing or by email. The customer will then be invoiced for all work completed to that date. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Clementine DS within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

Clementine DS makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Clementine DS will not be held responsible for any and all damages resulting from products and/or services it supplies. Clementine DS 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 Clementine DS responsible for any such loss or damage. Any claim against Clementine DS shall be limited to the relevant fee(s) paid by the customer. Clementine DS 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. Clementine DS will not knowingly perform any actions to contravene these and the customer also agrees to be so bound. Clementine DS and its customers 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. Clementine DS recommend 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.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Clementine DS reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by Clementine DS, by email, verbally or in writing, is deemed to be acceptance of these Terms and Conditions, which are freely available at www.clementineds.co.uk. An estimate or quotation validated by the customer by email 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 signatory and Clementine DS.