Terms and conditions
Terms of Service
THIS AGREEMENT is for the arrangement of branding and design services between, the designer, Vicki Nicolson and you, as the purchaser of a Vicki Nicolson bespoke branding and design package. Please read the following simple terms and conditions, and confirm via email that you understand and agree.
The following Terms and Conditions of Service apply to all products and services provided by Vicki Nicolson : Branding Designer (hereinafter referred to as Vicki Nicolson : Branding Designer).
All work is carried out by VICKI NICOLSON : Branding Designer on the understanding that the client has agreed to VICKI NICOLSON : Branding Designer’s terms and conditions.
Copyright is retained by VICKI NICOLSON : Branding Designer 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 design is presented, only one solution is deemed to be given by VICKI NICOLSON : Branding Designer as fulfilling the contract. All other designs remain the property of VICKI NICOLSON : Branding Designer, unless agreed in writing that this arrangement has been changed.
Client agrees to pay Vicki Nicolson, the Designer, the full amount of your bespoke package (paid in full via Simplero Stripe Payment Gateway) for the agreed Bespoke Branding Package.
Payments may be made by online transfer in Pounds Sterling as per agreed electronic funds transfer.
Publication and/or release of work done by VICKI NICOLSON : Branding Designer on behalf of the client, may not take place before cleared funds have been received.
Charges for design services to be provided by VICKI NICOLSON : Branding Designer 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, payment will become immediately due before the one to one session. Work on the project will not commence until VICKI NICOLSON : Branding Designer has received this amount.
At the time of proposal, VICKI NICOLSON : Branding Designer will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on the VICKI NICOLSON : Branding Designer 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 VICKI NICOLSON : Branding Designer. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept VICKI NICOLSON : Branding Designer’s terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation has been received by VICKI NICOLSON : Branding Designer.
Charges for design work do not cover the release of copyright design files including indd or any other source files; if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge.
CHARGES FOR OTHER SERVICES
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
An account shall be considered to be in default if it remains unpaid for more than 30 days from the date of invoice. VICKI NICOLSON : Branding Designer shall be considered entitled to remove VICKI NICOLSON : Branding Designer and/ or the customer’s material from any and all computer systems, until the amount due has been fully paid.
COPYRIGHTS AND TRADEMARKS
By supplying text, images and other data to VICKI NICOLSON : Branding Designer 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.
VICKI NICOLSON : Branding Designer retains full ownership of the design concepts, drafts and materials it produces. Once a final concept is delivered to a client and is paid in full, complete ownership rights transfer to the client. VICKI NICOLSON : Branding Designer retain the ownership of any unused concepts, and retain the right to edit, repurpose and market these.
The customer agrees that the services provides are for their exclusive business use only. The customer may request in writing from VICKI NICOLSON : Branding DesignerY, the necessary permission to use materials (for which VICKI NICOLSON : Branding Designer holds the copyright) in forms other than for which it was originally supplied, and VICKI NICOLSON : Branding Designer may, at its 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.
By supplying images, text, or any other data to VICKI NICOLSON : Branding Designer, the customer grants VICKI NICOLSON : Branding Designer permission to use this material freely in the pursuit of the design.
Should VICKI NICOLSON : Branding Designer, 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 VICKI NICOLSON : Branding Designer to remove and/or replace the file on the site.
The customer agrees to allow VICKI NICOLSON : Branding Designer to use the final paid for materials in promotional and portfolio material.
The customer agrees to fully indemnify and hold VICKI NICOLSON : Branding Designer 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.
Customer is responsible for ensuring the design or wording used by them in their marketing do not breach any third party rights, credibility, trademarks, copyrights etc.
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 VICKI NICOLSON : Branding Designer holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by VICKI NICOLSON : Branding Designer, 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 VICKI NICOLSON : Branding Designer and any of its relevant sub-contractors.
All design work – where there is a risk that another party 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. VVICKI NICOLSON : Branding Designer will not be held responsible for any and all damages resulting from such claims. VICKI NICOLSON : Branding Designer is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold VICKI NICOLSON : Branding Designer responsible for any such loss or damage. Any claim against VICKI NICOLSON : Branding Designer shall be limited to the relevant fee(s) paid by the customer.
The client agrees to VICKI NICOLSON : Branding Designer’s definition of acceptable means of supplying data to the company.
Text is to be supplied to VICKI NICOLSON : Branding Designer in electronic format as standard text (.txt), MS Word (.doc), via e-mail / FTP.
Images which are supplied in an electronic format are to be provided in a format as prescribed by VICKI NICOLSON : Branding Designer via e-mail. Images must be of a quality suitable for use without any subsequent image processing, and VICKI NICOLSON : Branding Designer will not be held responsible for any image quality which the client later deems to be unacceptable. VICKI NICOLSON : Branding Designer 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 VICKI NICOLSON : Branding Designer of a design project’s duration is to be considered by the customer to be an estimation. VICKI NICOLSON : Branding Designer cannot be held responsible for any project over-runs, occasioned by the fault, omission, or delay of the customer or any third party. Estimated project duration should be deemed to be from the date that cleared funds are received by VICKI NICOLSON : Branding Designer for the initial payment or by date confirmed in writing by VICKI NICOLSON : Branding Designer.
DESIGN PROJECT COMPLETION
VICKI NICOLSON : Branding Designer considers the design project complete upon receipt of the customer’s approval via email confirmation within 7 days and has not highlighted any perceive problems with the design project. Other services such as printing, display panel production, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Failure of the client contacting VICKI NICOLSON : Branding Designer within 12 months of the project start date and not completing the project, the package and contract will be void.
The customer also agrees to allow VICKI NICOLSON : Branding Designer to place designs, along with a link to the client’s site on VICKI NICOLSON : Branding Designer own website for demonstration purposes and to use any designs in its own publicity and portfolios.
RIGHTS OF REFUSAL
VICKI NICOLSON : Branding Designer will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. The advertising material must conform to the standards laid down by all relevant advertising standards authorities.VICKI NICOLSON : Branding Designer also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that VICKI NICOLSON : Branding Designer does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow VICKI NICOLSON : Branding Designer to remove the contravention without hindrance, or penalty. VICKI NICOLSON : Branding Designer 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 such initial communications, VICKI NICOLSON : Branding Designer will need formal notification in writing to the businesses’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 VICKI NICOLSON : Branding Designer within 14 days of such instruction being issued, will be deemed null and void and the customer will be liable for the full quoted cost of the project.
VICKI NICOLSON : Branding Designer makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.
VICKI NICOLSON : Branding Designer 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. VICKI NICOLSON : Branding Designer will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
VICKI NICOLSON : Branding Designer 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. VICKI NICOLSON : Branding Designer 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.
The contract between the customer and VICKI NICOLSON : Branding Designer will be governed in all respects by Scots Law and the Customer and Vicki Nicolson agree to submit themselves to the exclusive jurisdiction of the Scottish Courts.
ACCEPTANCE OF TERMS AND CONDITIONS AND QUOTATION
The placement of an order for design and/or any other services offered by VICKI NICOLSON : Branding Designer, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.vickinicolson.com
An estimate validated by the customer’s signature on the estimate or quotation form, 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 VICKI NICOLSON : Branding Designer.
Thank you, and welcome aboard!
Vicki Nicolson Branding Designer