Fanatic Design Ltd Terms and Conditions
The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Fanatic Design Ltd.
All design work is carried out by Fanatic Design Ltd on the understanding that the client has agreed to abide by Fanatic Design Ltd’s terms and conditions.
At the time of proposal or before the project go ahead is given, Fanatic Design Ltd will provide the customer with a written estimate or quotation by post or email as requested. It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply.
If a client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Fees for design services to be provided by Fanatic Design Ltd, will be set out in the written estimate either as a fixed project fee, or as an hourly rate. A non-refundable deposit of up to 50% will beinvoiced at the commencement of the project on projects over £2000.
Other project payment phases will be set out in the proposal, and will follow sign off of those phases, in accordance with the project time line. A final invoice is sent a) on upload of a website to its live environment b) on sending signed off design files to print or c) delivery is taken of any goods or services.
Digital Marketing fees are invoiced on the 15th of each month, in respect of the calendar month that the fee corresponds to. Ongoing digital marketing services are purchased in monthly units, although the service may be delivered on a specific day or certain days throughout the month.
All digital marketing services have a 30 day chargeable notice period, where a specific term is not specified in writing.
All hosting services have a 30 day chargeable notice period.
Charges for Other Services
Charges for any additional services over and above the estimated design, will be made known to the client. They will become fully payable at the time of the acceptance of delivery or upload to test or live environments.
The client agrees to Fanatic Design Ltd’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Fanatic Design Ltd in electronic format as standard text (.txt), MS Word (.doc) on CD, USB data stick, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Fanatic Design Ltd. Images must be of a quality suitable for use without any subsequent image processing, and Fanatic Design Ltd will not be held responsible for any image quality which the client later deems to be unacceptable. Fanatic Design Ltd 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 Fanatic Design Ltd of a design project’s duration is to be considered by the customer to be an estimation. Fanatic Design Ltd cannot be held responsible for any project over-runs, whatever the cause.
Design Project Completion
Fanatic will provide an opportunity for the client to give feedback on all design work. Two rounds of changes will be completed in order for the client to refine and sign off the design work. Fanatic Design Ltd considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the design will be liable to a separate charge.
The customer also agrees that Fanatic Design Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.
Once the web design is signed off, Fanatic Design will commence the build. Any request to begin the build by the client will constitute design sign off.
Fanatic will build HTML templates, and integrate them with the specified content management system. The site will be uploaded, and tested by Fanatic Design Ltd on a test server environment.
Fanatic Design ltd will train a specific representative, or multiple representatives in the same training session how to use the content management system and all websit functions.
The client is required to test all functionality across the site before go live. The request to go live constitutes that a client has tested and is happy with all functionality.
Fanatic Design Ltd offer a three month warranted on all pre specified functionality of a website, and will remedy and problems that arise within the website code architecture during this time. Outside of this time all work is to be charged at the relevant hourly rate.
Support and Security
Fanatic Design Ltd offer a range of website support services, which are designed to suit a range of perceived threat levels. Fanatic Design Ltd give no warranties for uptime, performance or security, unless set out in a specific SLA to a project/website, and only then with a signed SLA by both the client and Fanatic Design Ltd.
Fanatic Design Ltd offers a hosting service through an out-sourced server. Fanatic Design Ltd does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Fees for Fanatic Design Ltd’s hosting service are due at the commencement of any period of service and are non- refundable.
If the client selects to organise their own web hosting arrangements, final exported sites will be uploaded to your preferred host company as per a quoted price.
Fees due to third party hosting organisations are the responsibility of the client and Fanatic Design Ltd are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Fanatic Design Ltd.
If you have not paid for the hosting of your website/s, Fanatic Design Ltd reserves the right to terminate your hosting, giving you a 7 day suspension notice for any invoice that is over 30 days. Hosting will only resume once invoices have been paid and will be subject to a reconnection fee of £50.
The Customer acknowledges that Fanatic Design Ltd makes no guarantee that a search engine optimisation will lead to an increase in sales or enquiries.
To the fullest extent permissible by law, Fanatic Design Ltd shall not be liable to the Customer for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including but not limited to damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising whether arising from the negligence of Fanatic Design Ltd or otherwise.
Fanatic Design Ltd does not refund any money received from clients for any past SEO work that they have been asked to carry out. All monies received by Fanatic Design Ltd for any SEO work will not be refunded at any stage even if the client cancels the SEO service.
The customer agrees to allow Fanatic Design Ltd to place a small credit on printed material, exhibition displays, advertisements and/or a link to Fanatic Design Ltd’s own website on the customer’s website. This will usually be in the form of a small line of text placed towards the bottom of the page. It is possible to request a link is not added.
The customer agrees to allow Fanatic Design Ltd to place all designs that are otherwise live and published on Fanatic Design Ltd’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise. Any work that has not been subject to a non disclosure agreement from the client will be deemed to be published and live.
Rights of Refusal
Fanatic Design Ltd 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. Fanatic Design Ltd also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Fanatic Design Ltd does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Fanatic Design Ltd to remove the contravention without hindrance, or penalty. Fanatic Design Ltd 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, Fanatic Design Ltd 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.
Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charge of 8% plus the Bank of England base rate per month of the outstanding amount.
Payments may be made by bacs, cheque, or previously agreed electronic funds transfer.
Returned cheques will incur an additional fee of £50 per returned cheque. Fanatic Design Ltd 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. Fanatic Design Ltd shall be considered entitled to remove Fanatic Design Ltd’s 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, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, 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 Fanatic Design Ltd 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 Fanatic Design Ltd 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.
Copyright of all graphic design work is retained by Fanatic Design Ltd including copy, concepts, ideas, proofs and illustrations, pictures, words, visuals unless specifically released in writing and after all cost have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by Fanatic Design Ltd as fulfilling the contract. All other artwork designs remain the property of Fanatic Design Ltd, unless agreed in writing.
By supplying images, text, or any other data to Fanatic Design Ltd, the customer grants Fanatic Design Ltd permission to use this material freely in the pursuit of the design and to utilise the designs in Fanatic Design Ltd’s portfolio unless agreed otherwise.
Should Fanatic Design Ltd, 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 Fanatic Design Ltd to remove and/or replace the file.
Any design, copywriting, drawing, idea or code created for the customer by Fanatic Design Ltd, or any of it’s contractors, is licensed for use by the client on a one-time only basis and may not be modifed, re-used, or re-distributed in any way or form without the express written consent of Fanatic Design Ltd and any of it’s relevant sub-contractors.
Fanatic Design Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Fanatic Design Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. Fanatic Design Ltd 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 Fanatic Design Ltd responsible for any such loss or damage. Any claim against Fanatic Design Ltd shall be limited to the relevant fee(s) paid by the customer.
Fanatic Design Ltd 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. Fanatic Design Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Fanatic Design Ltd 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. Fanatic Design Ltd 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. Fanatic Design Ltd 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 and/or the engagement after the proposal/quotation stage with the services of Fanatic Design in any way by Fanatic Design Ltd 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 Fanatic Design Ltd.