DESIGNBYPA
Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by DesignbyPA and in the event of any dispute are governed by the laws of England.
‘Goods’ means the services and/or materials to be supplied by DesignbyPA to the Client
All work is carried out by DesignbyPA on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by DesignbyPA 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 DesignbyPA Graphic Design, unless specifically agreed in writing.
Project Acceptance
At the time of proposal, DesignbyPA will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the DesignbyPA website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to DesignbyPA.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the DesignbyPA Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Design Charges
Charges for design services to be provided by DesignbyPA 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 payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
Source Files:
We will supply proofs and appropriate graphic files, such as PDFs, for printing or other purposes as specified in the job scope or request.
Please note that the charges for design work do not include the release of copyright design source files (e.g., 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 other designer, they will be subject to a separate quotation or a ‘buy-out’ charge.
Charges for Other Services:
Any additional services requested during the project that exceed the estimated time or scope will be fully payable (100% of the quoted amount) upon acceptance of the estimate or quotation.
Payment:
Before final publication, the customer will receive an Approval Form or Proof Email and an Invoice. At this time, the remaining amount due becomes payable, and the customer must sign and return the Approval Form or provide approval via email to DesignbyPA.
Any queries regarding the invoice must be submitted via email within 14 days of the invoice date.
Accounts that remain outstanding for 30 days after the invoice date will incur a late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the due date until the date of payment.
Payments can be made via online transfer, credit card (Visa, Mastercard), or Debit Card.
Payments made by cheque must be agreed upon in advance and may be subject to an administration charge. Cheques should not be sent via regular mail unless sent as recorded delivery.
Publication and/or release of work done by DesignbyPA on behalf of the client may only occur after cleared funds have been received.
A returned cheque will incur an additional fee of £50 per returned cheque. DesignbyPA reserves the right to consider an account in default in.
Default:
An account will be considered in default if it remains unpaid for 30 days from the invoice date or in the event of a returned cheque. In such cases, DesignbyPA reserves the right to remove all materials belonging to DesignbyPA and/or the customer from any computer systems until the outstanding amount is fully settled. This includes any unpaid fees for services, including but not limited to hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers, and libraries.
The removal of materials does not relieve the customer of their obligation to pay the outstanding amount.
Customers whose accounts are in default agree to cover all reasonable legal and accounting expenses incurred by DesignbyPA, as well as third-party collection agency fees, in order to enforce the debt and uphold these Terms and Conditions.
Liability:
DesignbyPA acknowledges responsibility for any negligence or faults on its part regarding the Product, but only to the extent specified in this clause.
DesignbyPA's liability to the Client, whether in contract law, tort, or any other legal basis, is limited to the charges incurred by DesignbyPA for the services provided.
DesignbyPA shall not be held liable for any loss or destruction of software or systems, whether temporary or permanent, resulting from the use of the service, except in cases where such loss or destruction is caused by the deliberate misconduct of DesignbyPA employees.
While DesignbyPA will make every effort to ensure that the Product does not contain any software routines intended to enable unauthorized access, disable or erase existing software, or harm any data or hardware, DesignbyPA, except in cases where it cannot exclude liability for death or personal injury resulting from its own negligence, shall not be held liable for any direct or indirect damage, loss, or expense resulting from the use of the Product, whether physical or otherwise.
DesignbyPA shall not be held liable in any manner for any failure, delay, or defect in the supply or use of the Product caused by DesignbyPA's provision or specification of unsuitable material or content, or by the reproduction of the Product by a third party. In cases where such events could not reasonably have been prevented or controlled by DesignbyPA, DesignbyPA is not liable to the Client if any hardware or software used in conjunction with the Product malfunctions, fails, or is unable to communicate with other systems or Internet users, including instances where computer viruses have caused such failures, thereby hindering or impeding the use of the Product.
In any event, DesignbyPA shall not be held liable to the Client for the following types of loss or damage, regardless of the cause and even if such loss or damage was foreseeable by DesignbyPA:
Economic loss, including loss of profits, business, contracts, revenues, goodwill, production, and anticipated savings of any kind.
Loss arising from any claims made against the Client by any third party.
Loss or damage arising from the Client's failure to fulfill its responsibilities or any matter under the control of the Client.
Copyrights and Trademarks:
By providing text, images, and other data to DesignbyPA for inclusion in the customer’s website or other mediums, the customer declares that they possess the necessary copyright and/or trademark permissions. The ownership of such materials will remain with the customer or the rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by DesignbyPA on behalf of the customer will remain the property of DesignbyPA and/or its suppliers, unless otherwise agreed upon in writing. A license for the use of copyrighted material is granted to the customer solely for the defined project specified in the scope or request, and not for any other purpose.
If the customer wishes to use materials (for which DesignbyPA holds the copyright) in forms other than the original purpose, written permission must be obtained from DesignbyPA, who may, at their discretion, grant such permission and charge for the additional usage. Permission must be obtained in writing before utilizing any artwork, images, text, or other data mentioned above.
Any third-party software, code, plugin, or other materials used in a web or digital project remain the property of the creator, and any ongoing license fees or fees for upgrades are the responsibility of the client, not DesignbyPA.
By supplying images, text, or any other data to DesignbyPA, the customer grants DesignbyPA permission to use these materials freely in the pursuit of the design.
In the event that DesignbyPA or the customer supplies 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, but later discovers limitations on such usage, the customer agrees to allow DesignbyPA to remove and/or replace the file on the respective platform.
The customer agrees to indemnify and hold DesignbyPA harmless from any and all claims arising from the customer’s failure to obtain the required copyright and/or any other necessary permissions.
Alterations:
The customer acknowledges that any changes required beyond the initially estimated work or outside the agreed-upon scope, as well as any modifications made to the supplied content, will be subject to additional charges.
The customer also acknowledges that DesignbyPA bears no responsibility for any amendments made by third parties, whether before or after the design is published.
Licensing:
Any design, copywriting, drawing, idea, or code created by DesignbyPA or its contractors for the customer is licensed for one-time use only. The client may not modify, reuse, or redistribute it without the express written consent of DesignbyPA and relevant sub-contractors.
In cases where there is a risk of a third party making a claim, the client must register the design work with the appropriate authorities before publishing or using it for the first time. The client should seek legal advice and conduct searches regarding its use. DesignbyPA will not be held responsible for any damages resulting from such claims.
DesignbyPA is not liable for any loss, non-delivery of products or services, or consequential damages, regardless of the cause. The customer agrees not to hold DesignbyPA responsible for any such loss or damage. Any claim against DesignbyPA is limited to the relevant fees paid by the customer.
Data Formats:
The client agrees to provide data to DesignbyPA in acceptable formats as defined by the company. Text should be supplied in electronic format as standard text (.txt), MS Word (.docx), or via email/FTP or shared folder.
Images provided in electronic format should adhere to the format specified by DesignbyPA via email/FTP. The images must be of sufficient quality for use without additional processing, and DesignbyPA will not be held responsible for image quality that the client later deems unacceptable.
DesignbyPA cannot guarantee the quality of images scanned from printed materials as requested by the client.
Additional expenses may be incurred for necessary actions such as photography, art direction, photography searches, media conversion, digital image processing, data entry services, color correction, and image alteration.
Design Project Duration:
Any indication of a design project’s duration provided by DesignbyPA should be considered an estimation. DesignbyPA is not responsible for project overruns. The estimated project duration starts from the date when cleared funds are received by DesignbyPAfor the initial payment or the date confirmed in writing by DesignbyPA.
Cancellation:
To cancel an order, initial contact can be made by telephone or email. However, formal notification must be provided in writing to DesignbyPA postal address. The client will be invoiced for any work completed beyond the non-refundable deposit made at the time of ordering. The remaining balance must be paid within 30 days. Please note that any cancellation not confirmed in writing and received by DesignbyPAwithin 14 days of the instruction will be liable for the full quoted project cost.
Disclaimer:
DesignbyPA provides products and services without any warranties, expressed or implied. The company will not be held responsible for any damages resulting from the supplied products and services. DesignbyPA is not liable for data loss, consequential loss, non-delivery of products or services, or any other causes. While reasonable steps are taken to investigate recommended materials, DesignbyPA accepts no responsibility for their performance or quality, and any loss arising from their failure. The customer agrees not to hold DesignbyPA responsible for any such loss or damage. Any claims against DesignbyPA are limited to the relevant fees paid by the customer.
Sub-contractors, agents, and suppliers may be used by DesignbyPA, and their Terms and Conditions apply to the work, content, services, and usage. The client agrees to be bound by these Terms and Conditions.
General:
These Terms and Conditions replace any previous versions and are subject to change by DesignbyPA without prior notice.
Acceptance of Terms and Conditions and Quotation:
Placing an order for design or other services offered by DesignbyPA, whether by email, verbally, or in writing, signifies acceptance of these terms and conditions, which are available at www.designbypa.uk. An estimate validated by the customer’s signature on the estimate or quotation form, or by email, indicates acceptance of the estimate or quotation and agreement to comply with all the Terms and Conditions, forming a contract between the client and DesignbyPA.