The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Independent Design trading as iD Creative Design.
All design work is carried out by iD Creative Design on the understanding that the client has agreed to abide by iD Creative Design terms and conditions.
Copyright of all graphic design work is retained by iD Creative Design including concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by iD Creative Design as fulfilling the contract. All other artwork designs remain the property of iD Creative Design, unless agreed in writing.
At the time of proposal, iD Creative Design will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on iD Creative Designs’ website here.
A copy of the quotation is to be acknowledged by the customer to indicate acceptance and should be emailed or returned by post to iD Creative Design. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept iD Creative Design terms and conditions. No work on a project will commence until either document has been received by iD Creative Design.
At the time of proposal, iD Creative Design will provide the customer with a written estimate or quotation as stated in these Terms and Conditions.
A copy of the quotation is to be acknowledged by the customer to indicate acceptance and should be sent by email or returned by post to iD Creative Design. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept iD Creative Design terms and conditions. No work on a project will commence until either document has been received by iD Creative Design.
Charges for other services
Charges for any additional services over and above the estimated design, will become fully payable at the time of project acceptance.
The client will be asked to provided artwork sign off before followed by an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 8% per month of the outstanding amount.
Payments may be made by BACs, or cheque
Publication and/or release of work done by iD Creative Design on behalf of the client, may not take place before funds have cleared.
Returned cheques will incur an additional fee of £50 per returned cheque. iD Creative Design reserves the right to consider an account to be in default in the event of a returned cheque.
A deposit is required with the first project which will be set with the quote. Any print job over the value of £500 may need to be paid in full prior to order. This is at iD Creative Designs discretion and will be clarified on the quote.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. iD Creative Design shall be considered entitled to remove iD Creative Design and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to printers, photographers and libraries.
Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay iD Creative Design reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and trademarks
By supplying text, images and other data to iD Creative Design for inclusion in the customer’s brochure or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by iD Creative Design on behalf of the customer, will remain the property of iD Creative Design and/or it’s suppliers, excluding logo design in which full copyright will be passed to the client upon receipt of full payment.
The customer may request in writing from iD Creative Design, the necessary permission to use materials (for which iD Creative Design holds the copyright) in forms other than for which it was originally supplied, and ID Creative Design may, at their discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. iD Creative Design reserves the right to charge fees for additional usage.
By supplying images, text, or any other data to, the customer grants, iD Creative Designs’ permission to use this material freely in the pursuit of the design and to utilise the designs in iD Creative Designs’ portfolio unless agreed otherwise.
Should iD Creative Design or the customer supply an image, text, audio clip 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 iD Creative Design to remove and/or replace the file.
The customer agrees to fully indemnify and hold iD Creative Design free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that iD Creative Design holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copy writing, drawing, idea or code created for the customer by iD Creative 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, re-used, or re-distributed in any way or form without the express written consent of iD Creative Design and any of it’s relevant sub-contractors.
All 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. iD Creative Design will not be held responsible for any and all damages resulting from such claims. ID Creative Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold ID Creative Design responsible for any such loss or damage. Any claim against ID Creative Design shall be limited to the relevant design fee(s) paid by the customer.
The client agrees to iD Creative Designs’ definition of acceptable means of supplying data to the company. Text is to be supplied to iD Creative Design in electronic format as standard text (.txt), MS Word (.doc) on removable media, or via email. Images which are supplied in an electronic format, are to be provided in a format as prescribed by iD Creative Design via removable media, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing and iD Creative Design will not be held responsible for any image quality which the client later deems to be unacceptable. iD Creative Design cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Design Project Duration
Any indication given by iD Creative Design of a design project’s duration is to be considered by the customer to be an estimation. iD Creative 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 of the deposit are received by iD Creative Design in good time.
Design Project Completion
iD Creative Design considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
iD Creative Design will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
The customer agrees to allow iD Creative Design to place a small credit on printed material, exhibition displays, advertisements and/or a link to iD Creative Designs’ own website on the customer’s website with their agreed consent. This will usually be in the form of a small logo or line of text placed towards the bottom of the page with their agreed consent.
The customer also agrees to allow iD Creative Design to place all designs on iD Creative Designs’ own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise with their agreed consent.
Rights of Refusal
iD Creative 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. iD Creative Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that iD Creative Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow iD Creative Design to remove the contravention without hindrance, or penalty. iD Creative Design 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 email, however, following this, iD Creative Design will need formal notification in writing to the company’s postal address. 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. Please note: any cancellation which is not formally confirmed in writing and received by iD Creative Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
iD Creative Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. iD Creative Design will not be held responsible for any and all damages resulting from products and/or services it supplies. iD Creative 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 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 iD Creative Design responsible for any such loss or damage. Any claim against iD Creative Design shall be limited to the relevant design fee(s) paid by the customer.
iD Creative Design 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. iD Creative Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
iD Creative Design 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. iD Creative Design 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.
iD Creative Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by iD Creative Design and validated by the customer’s written response to the estimate or quotation, 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 customer and iD Creative Design.