Terms & Conditions
Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by AT Clark Design (hereinafter referred to as ATCD) and in the event of any dispute are governed by the laws of England.
All work is carried out by ATCD on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by ATCD on any and 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 ATCD, unless specifically agreed in writing.
At the time of proposal, ATCD will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the ATCD website.
A copy of the written estimate or quotation is to be confirmed by signing and dating the following contract page by the customer to indicate acceptance and should be returned to ATCD via email or post.
For the avoidance of doubt, the ATCD Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Charges for design services to be provided by ATCD will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit payment of 25% for first time clients of the quoted fee will become immediately due. For returning customers a deposit is not necessary.
Unless agreed otherwise with the Client, all printing services require an advance payment of one hundred (100) percent of the printing project quotation total before the work commences print. The remaining total of the projects total cost will be due upon completion of the work prior to upload to the server or release of materials.
ATCD will try to provide an accurate estimation of services including, design, print, delivery and administration fees. However, ATCD reserves the right to change or amend the quotation to reflect the time on a project within a reasonable amount.
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 ATCD holds no responsibility for any amendments made by any third party, before or after a design is published.
We will supply proofs and PDF files as appropriate for printing, or other graphics 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, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or another designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The customer will be provided with an Approval Form or Proof Email, and an Invoice on the delivery of final publication. At this time, the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to ATCD.
Any invoice queries must be submitted by email within 30 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Bank of England Base Rate plus 10% on the outstanding amount from the date due until the date of payment. (A total of 10% + BoE base rate APR, a total at the time of writing of 10.5% APR)
Payments may be made by online transfer.
Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in the regular mail unless sent recorded delivery.
Digital Publication and/or release of work done by ATCD on behalf of the client, may not take place before cleared funds have been received. Physical publications may be released, but no further work will be completed until funds are cleared.
Returned cheques will incur an additional fee of £30 per returned cheque. ATCD reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. ATCD reserves the right to withhold digital publication/work and any future promised work until the account has been settled. This includes any and all unpaid monies due for services, including, but not limited to, design and maintenance, sub-contractors, printers, photographers and libraries.
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 ATCD ‘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
By supplying text, images and other data to ATCD for inclusion in the customer’s website 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 ATCD on behalf of the customer, will remain the property of ATCD and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from ATCD, the necessary permission to use materials (for which ATCD holds the copyright) in forms other than for which it was originally supplied, and ATCD may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any third-party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not ATCD.
By supplying images, text, or any other data to ATCD, the customer grants ATCD permission to use this material freely in the pursuit of the design.
Should ATCD, 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 ATCD to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold ATCD 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.
Any design, copywriting, drawing, idea or code created for the customer by ATCD, or any of its 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 ATCD and any of its relevant sub-contractors.
All design work – where there is a risk that another party may or will 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.
ATCD will not be held responsible for any and all damages resulting from such claims.
ATCD is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold ATCD responsible for any such loss or damage.
Any claim against ATCD shall be limited to the relevant fee(s) paid by the customer.
The client agrees to ATCD’s definition of acceptable means of supplying data to the company.
Text is to be supplied to ATCD in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by ATCD via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and ATCD will not be held responsible for any image quality which the client later deems to be unacceptable.
ATCD 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, colour correction and alteration of images
Design Project Duration
Any indication given by ATCD of a design project’s duration is to be considered by the customer to be an estimation. ATCD 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 deposit funds are received by ATCD or by date confirmed in writing by ATCD. ATCD cannot be held responsible for the delay of any project from any and all problems, issues and illness, including and not limited to design alterations, withheld monies, acts that are ATCD are not in control of (such as postal delays or acts of God).
Design Project Completion
ATCD considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
The customer agrees to allow ATCD to place a small credit on printed material exhibition displays, advertisements and/or a link to ATCD own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow ATCD to place websites and other designs, along with a link to the client’s site on ATCD’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
ATCD 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. ATCD also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that ATCD does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow ATCD to remove the contravention without hindrance, or penalty. ATCD 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, ATCD will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed, plus 25% of the total estimated quote 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 ATCD within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
ATCD makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Glazier Design will not be held responsible for any and all damages resulting from products and/or services it supplies. ATCD 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 ATCD responsible for any such loss or damage. Any claim against ATCD shall be limited to the relevant fee(s) paid by the customer.
ATCD 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. ATCD will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
ATCD 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. ATCD 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. ATCD 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 ATCD, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.atclark.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 ATCD.