Terms & ConditionsBy placing an order with The Sketch Collective, you confirm that you are in agreement with and bound by the terms and conditions set out below. Definitions The Client: The company or individual requesting the services of The Sketch Collective. General The Sketch Collective will carry out work only where an agreement is provided either by telephone email or mail. An 'order' is deemed to be a written or verbal contract between The Sketch Collective and the client, this includes telephone and email agreements. The Sketch Collective is an independent contractor, not an employee of The Client or any company affiliated with The Client. The Sketch Collective shall provide the services under the general direction of The Client, but The Sketch Collective shall determine, in The Sketch Collective's sole discretion, the manner and means by which the services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorised to act as an agent or bind the other party except as expressly stated in this Agreement. All rights, if any, granted to The Client are contractual in nature and are wholly defined by the express written agreement of the parties involved and the various terms and conditions of this Agreement. The Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner: Coordination of any decision-making with parties other than The Sketch Collective. The Sketch Collective cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copy-righted nature unless adequate proof is given of permission to use such material. Any additions to briefs provided will be carried out at the discretion of The Sketch Collective and where no charge is made by The Sketch Collective for such additions, The Sketch Collective can accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. The Sketch Collective will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. The Sketch Collective will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. The Sketch Collective will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents. On Site Visits The Sketch Collective cannot be held liable for any damage on the clients site as a result of the undertaking of work at clients agreement. The Sketch Collective will do there up most to not disturb the clients normal business in order to undertake the work required of them. The Sketch Collective requires the client to be accommodating and supportive towards any on site work which is to be undertaken in order for the Sketch Collective to complete the work required of them by the client. A deposit of 25% is required with any standard project before any design work will be carried out. This figure is non-refundable.
Copyright & Permission Copyright of any completed work (e.g. websites, design/artwork, photography) created by staff at The Sketch Collective shall forever always be with the author/creator, unless there is a written agreement between the client, The Sketch Collective and the author. Without written agreement and payment, ownership and rights of any work carried out for the client shall remain with the author concerned at The Sketch Collective. The client agrees that resale or distribution of the completed files in full or in part is forbidden without prior written agreement between the client and The Sketch Collective. The client agrees that The Sketch Collective reserves the right to include any work done for the client in a portfolio of work, which could be viewed by other prospective clients. To see our full Copyright Terms and Conditions please contact The Sketch Collective directly. Website Design Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, The Sketch Collective or anyone involved with The Sketch Collective cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it. Any scripts, swf files, HTML documents, cgi applications, php scripts, or software (unless specifically agreed) written by The Sketch Collective remain the copyright of The Sketch Collective and may only be commercially reproduced or resold with a written agreement between The Client and The Sketch Collective. These terms of use grant a non-exclusive limited license so that the Client can use the design on one web site on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and the Developer. The Sketch Collective will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. Where applications or sites are developed on servers not recommended by The Sketch Collective, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment. Compatibility The Sketch Collective will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. The Sketch Collective can offer no guarantees of correct function with all browser software. Website Hosting Whilst The Sketch Collective recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. The Sketch Collective cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. The Sketch Collective reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Design The Sketch Collective retains all right and title in and to any original artwork comprising Final Art, including all rights to display or sell such artwork, unless written agreement has been given by the designer. This permission can include a payment for the rights to be handed to the client, for an amount which is agreed by the designer and The Sketch Collective. The Sketch Collective retains all rights in and to all Preliminary Works. The Client shall return all Preliminary Works to The Sketch Collective within thirty (30) days of completion of the Services and all rights in and to any Preliminary Works shall remain the exclusive property of The Sketch Collective. The Client shall return all original artwork to The Sketch Collective within thirty (30) days of completion of the Services. The Sketch Collective cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copy-righted nature unless adequate proof is given of permission to use such material. Upon completion of the Services, and expressly subject to full payment of all fees, costs and out-of-pocket expenses due, The Sketch Collective grants to The Client the rights in the Final Art as set forth in the proposal Any additional uses not identified herein or reselling of the artwork is not permitted without prior written consent. General Changes - Unless otherwise provided in the Proposal, and except as otherwise provided for herein, The Client shall pay additional charges for changes requested by The Client which are outside the scope of the Services on a time and materials basis, at The Sketch Collective standard hourly rate. Such charges shall be in addition to all other amounts payable under the Proposal, despite any maximum budget, contract price or final price identified therein. The Sketch Collective may extend or modify any delivery schedule or deadlines in the Proposal and Deliverables as may be required by such Changes. The Sketch Collective will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. The Sketch Collective will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Photography Force Majeure: The Photographer(s) have other professional photographers who will be contacted by The Sketch Collective in the event that they are not able to attend your booking due to any cause beyond their control. In the event of cancellation by The Photographer(s) (although all attempts will be made to arrange for another photographer to be present) or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable – The Photographer(s) will not be responsible for costs in order to stage such re-shoots), The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid. Negatives or digital files: After the 12 month period the photographer will correctly dispose all photographic material concerning the client. Should negatives or digital files be lost, damaged or destroyed for reasons beyond control The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received. All orders should be placed with The Photographer(s) before the end of the 12 month period starting at the contract date. The Photographer(s) will not be liable for failure to produce any orders placed after this time. Disputes Governing Law and Dispute Resolution. The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United Kingdom without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its solicitor's fees and costs. In all other circumstances, the parties specifically consent to the local, and national courts located in the United Kingdom. The parties hereby waive any jurisdictional or venue defences available to them and further consent to service of process by mail. The Client acknowledges that The Sketch Collective will have no adequate remedy at law in the event The Client uses the deliverables in any way not permitted hereunder, and hereby agrees that The Sketch Collective shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.
Suppliers All The Sketch Collective’s printing is produced externally, by trusted suppliers. The Sketch Collective cannot accept liability for losses caused by the errors, unavailability or delay of services by the suppliers, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. The Sketch Collective reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Payment of Accounts A deposit of 25% is required with any standard project before any design work will be carried out. This figure is non-refundable. Once a piece of work has been completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the design work, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. It is The Sketch Collective policy that any outstanding accounts for work carried out by The Sketch Collective or their affiliates are required to be paid in full, no later than 10 days from the date of the invoice unless by prior arrangement with The Sketch Collective. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will make every effort to contact clients via email and telephone to remind them of such payments if they are not received when due. All cheque's must be made payable to "The Sketch Collective" If accounts are not settled or The Sketch Collective has not been contacted regarding the delay, access to the related design work, files and prints may be denied, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgments (ccj's) being added to the clients credit rating. If you have any queries relating to these Terms & Conditions please email tom@thesketchcollective.co.uk |
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