The following are the official terms and conditions of Martin Barnes Design & Branding (MBD&B) that the client agrees to upon entering communication with, or contracting the services offered by MBD&B.
1. Quotes & Charges
All work shall be quoted for in writing, be it as a QUOTATION or a CONFIRMATION OF WORK statement following an initial client meeting.
Quotes are calculated at a rate of £50.00 per hour, and are minimum estimates only. All projects and requests are subject to a minimum order charge of £25.00.
Quotes are valid for 30 days from date of issue.
Initial meetings are free of charge for up to two hours; additional meetings plus travel will be charged at the £40.00 per hour rate.
Supply of printed goods will be separately quoted for where required.
Additional expenses can include, but are not limited to: physical proofing charges, courier charges, font or image usage licences, photography, travel costs or outsourced services. The client will be notified of any additional expenses in writing shall they arise.
All efforts are made to deliver a project at the prices/times stated in the estimate; any additions or revisions to the original brief requested by the client will be separately quoted for in writing. No further work shall be carried out without approval from the client.
2. Payment Terms
Any artworking charges are to be paid in full prior where artwork files are to be released (e.g. Logo designs)
In the case of supplying print or hardware, a minimum 50% deposit of the full quoted amount is due on approval or order and/or artwork. The remaining 50% is then due on acceptance of final deliverable goods by the client.
Printing or sourcing of goods will not commence until the deposit is received. Deposits are non-refundable unless otherwise agreed by MBD&B in writing.
No final deliverable files or printed goods shall be released until full payment has been made unless agreed in writing by MBD&B.
The above payment terms apply in all circumstances unless otherwise agreed by MBD&B in writing. Deposits are non-refundable unless agreed by MBD&B in writing.
Outstanding amounts of invoices are payable within 14 days of the issue date and considered overdue after 30 days unless by prior agreement.
Overdue invoices will be passed to credit control services. Interest will be chargeable at 10% plus administration costs.
Preferred method of payment is by BACS, with bank account details for MBD&B being supplied where payment is due.
Cheques are acceptable by prior agreement and are to be made payable to MARTIN BARNES. Work will not be commenced, or final artwork or goods supplied until cheques clear. The time for cheques to clear can very depending on the client’s bank. Returned cheques will incur a £20.00 fee. Cash payment is only accepted by prior agreement only.
Projects that are longer than one month in duration will be invoiced on a monthly basis at the end of each month.
All artwork and goods remain the property of MBD&B until paid for in full.
3. Copyrights, Trademarks & Ownership
All original artwork files, images, illustrations and text produced or supplied by MBD&B on behalf of the client remain the sole property of MBD&B and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyrighted material is granted to the customer solely for the project(s) defined and not for any other purpose.
Clients may request in writing from MBD&B the necessary permission to use artwork files, images, illustrations and text produced (for which MBD&B holds the copyright) in forms other than for which it was originally supplied; MBD&B may, at discretion, grant this and charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, illustrations, or text is used.
Images, text, illustrations or other resources must be supplied by email, FTP or file transfer site.
It is the clients responsibility to ensure that supplied text is correct - MBD&B accepts no responsibility for additional costs incurred through the correction of mistakes or reprints resulting from the supply of incorrect information.
Images, text, illustrations or other resources must be supplied at a suitable quality for use without additional processing, editing; MBD&B will not be held responsible for any image quality which the client later deems unacceptable.
MBD&B cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
By supplying images, text, illustrations or other resources to MBD&B, the client grants MBD&B permission to use this material freely in the pursuit of the design work. The client also declares in consequence that they hold the necessary copyright or trademark ownership or permission to reproduce supplied images, text, illustrations or other resources. Ownership of such materials will remain with the client, or rightful copyright or trademark owner.
If requested by MBD&B the client must provide a written statement or example(s) of evidence proving their copyright or trademark ownership, or permission for supplied images, text, illustrations or other resources.
Should the client supply images, text, illustrations or other resources in the belief of it being copyright or royalty free, but subsequently emerges to be restricted by copyright, trademarking or usage limitations, the client agrees to allow MBD&B to replace the content in question, whilst accepting any relevant charges or costs incurred.
The client agrees to fully indemnify and hold MBD&B free of any harm and liability for damages in all claims resulting from the client in not having obtained the required copyright or permissions to use supplied images, illustrations, text or other resources.
4. Proofs & Proofing Processes
Artwork for all designs are proofed electronically as watermarked PDF document(s) emailed to the client. Electronic proofs are to confirm layout and wording. Electronic PDF proofs cannot be used for exact colour confirmation due to variation in computer monitor display settings.
Colour samples can be provided if requested; however if an exact colour proof is required as a physical print, this can be separately quoted for if not already included in the original QUOTATION or CONFIRMATION OF WORK statement.
The client accepts the sole responsibility of checking PDF proofs for any text errors or incorrect graphics. MBD&B accepts no responsibility for any errors found after the final PDF proof has been signed off or a print run authorised. In the event of a mistake being found after a print job has been authorised, the client will accept charges for the cost of the original prints or such fees arising from the cancellation of a job in the middle of printing, as well as the cost of reprints and relevant management fees.
5. Print Management Charges & PRINT QUANTITies
A print management fee is chargeable as part of quoted print costs to include any, or all of the following:
- Communication with the print company or supplier regarding quotations, print formats, timescales or delivery.
- Delivering artwork, material, print or colour samples in a suitable format for the chosen print company or suppliers printing software or processes.
- Approving print quality and colours as required.
- Placing orders with the chosen print company or supplier.
- Collection from the print company or supplier, final quality check and subsequent delivery to the client.
- Providing the client with credit on the chosen print company or suppliers fee.
All prices quoted are at commercial rates and may be compared with other print companies or suppliers.
MBD&B's print suppliers endeavour to produce quantities ordered by the client. The client acknowledges that quantity variations are inherent within the print industry. MBD&B accepts no liability for any shortages up to 10%, and reserves the right to determine whether a credit/refund is issued or reprints of the missing items are arranged for any verified shortages. All overages may be kept by the client at no additional cost.
Clients are more than welcome to deal with their own print company or supplier, or place an order directly with MBD&B’s chosen print company or supplier. By doing so, MBD&B’s involvement will be limited to any problems or issues connected with supplied artwork. It will be the client’s responsibility to place orders, approve samples, colours and quality checks and arrange collection of the finished product(s).
If the client chooses to use their own print company or supplier, it will be the client’s responsibility to inform MBD&B of the format(s) their chosen print company requires artwork supplied in.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice or following a returned cheque.
MBD&B reserves the right to withhold or remove any artwork or goods until the amount due has been fully paid.
Removal or withholding of artwork or goods does not relive the client of any obligation to pay the due amount.
Clients whose accounts become default agree to pay all MBD&B‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these terms and conditions.
7. Design Credits
The client grants MBD&B permission to use any element of work produced as samples for promotional and marketing purposes. Promotional purpose methods include but may not be limited to social media, websites, print, email correspondence and portfolios.
Not all work may be selected by MBD&B for promotional and marketing purposes, however if the client objects to MBD&B using any element of work for the purposes as outlined above, they must state their objection(s) in writing and provide valid reason for their objection prior to the full invoice amount being paid.
8. Rights of Refusal
MBD&B 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.
MBD&B also reserves the right to refuse the inclusion submitted material without giving reason. In the situation where any images and/or data that MBD&B does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the client is obliged to allow MBD&B to exclude or replace the contravention without hindrance, or penalty. MBD&B 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 MBD&B will need formal notification in writing. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days.
Any cancellation which is not formally confirmed in writing and received by MBD&B within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
MBD&B makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.
MBD&B will not be held responsible for any and all damages resulting from products and/or services it supplies.
MBD&B is not responsible for any loss (current or consequential) or non-delivery of products or services, of whatever cause.
While MBD&B takes reasonable steps to investigate the materials recommended, MBD&B accepts no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold MBD&B responsible for any such loss or damage, and any claim against MBD&B shall be limited to the relevant fee(s) paid by the client.
MBD&B reserves the right to use the services of sub-contractors, agents or suppliers and any work, content, services and usage is bound by their Terms and Conditions. MBD&B will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
MBD&B 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. MBD&B 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.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. MBD&B reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
12. Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by MBD&B, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.martin-barnes.co.uk.
An estimate validated by the customer’s signature on the estimate or quotation form, or 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 MBD&B.
These terms and conditions were last updated 22nd October 2019.