Fanatic Design Ltd Terms and Conditions of business
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.
Acceptance of Quotation and 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 email.
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 as acceptance of the estimate or quotation and an agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the client and Fanatic Design Ltd.
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.
Payment due for the phases of the project, 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 will be sent a) on upload of a website to its live environment b) on sending signed off design files to print or c) when delivery is taken of any goods or services.
Digital Marketing fees
Are invoiced within the calendar month that the fee corresponds to. Ongoing digital marketing services are purchased in monthly units. All digital marketing and hosting services have a 30 day chargeable notice period, unless an agreed term is specified in writing.
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.
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.
Fanatic will provide an opportunity for the client to give feedback on all design work. Two rounds of design 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 will 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 website functions.
The client is required to test all functionality across the site before it goes live. The request to go live confirms that a client has tested and is happy with all functionality. Any changes to the design at the website build stage will be billable.
Fanatic Design Ltd offer a three month warranty on all pre-specified functionality of a website, and will remedy any 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.
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.
Copyrights and Trademarks
By supplying text, images and other data to Fanatic Design Ltd for inclusion in the customer’s design work, 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 and visuals. Fanatic Design Ltd is happy to assign all rights produced for a client if the client requests in writing, and after all invoices in respect of that work 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.
The Client and Fanatic acknowledge that during the course of providing the Services, each may receive information or material of a confidential nature.
Fanatic will: (i) not use the Confidential Information of the other except for the purposes of providing the Services or in connection with this Contract; (ii) not disclose the Confidential Information of the other to any 3rd party without prior written consent (except as required by law) PROVIDED that Fanatic shall be entitled to share such information with its employees, contractors and professional advisers who are engaged in the provision of the Services; (iii) use the same degree of care to protect the Confidential Information of the other as is taken with its own confidential information of a similar nature, being at least a reasonable degree of care; (iv) to respect this mutual confidentiality, and unless otherwise stated, both parties should treat ALL materials that they receive from one another as being of a confidential nature. Upon written request, each party will return or delete all Confidential Information of the other.
The confidentiality obligations set out in this document shall not apply to Confidential Information that the receiving party can show (i) is publicly known other than through breach of this clause or (ii) was in the possession of the receiving party prior to disclosure by the other party or (iii) was received by the receiving party from an independent third party who has full right of disclosure or (iv) was independently developed by the receiving party or (v) was required to be disclosed by law (provided that prompt written notice of the legal requirement is given to the other party by the receiving party).
Fanatic will comply with the terms of the UK data protection legislation in relation to any personal data received by Fanatic from the client and will use such information only for the purposes of providing the Services or any future services or contacting you in connection with your current or future use of the Services. Fanatic will not disclose any personal data to any other person except as necessary to provide the Services or as required by law.
Fanatic Design Ltd offers a hosting using a third party to supply fully managed dedicated hosting environments to the needs of our specific requirements. 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 hosting organizations NOT managed by Fanatic Design Ltd 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 hosting invoices due to Fanatic Design Ltd are not paid by their due date, Fanatic Design Ltd reserves the right to terminate the corresponding hosting account, giving a 7 day suspension notice. Hosting will only resume once invoices have been paid and will be subject to a reconnection fee of £50.
SEO and Digital Marketing Services
All SEO work is planned in the context of the analytical data available. The Customer acknowledges that Fanatic Design Ltd makes no guarantee that search engine optimisation will lead to an increase in sales or enquiries. Unless explicitly set out in writing, Digital Marketing invoices are raised in relation to the services supplied within the month, and are not related to the results achieved in enquiries or sales.
All data provided by the client is deemed to be owned by the client and that all entries have signed up according to UK law and in accordance with GDPR guidelines.
Data held within hosted website databases, are subject to a level of security protection. Any requirement for extra security over and above the standard procedures needs to be agreed in writing and implemented subject to that specification.
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 in respect of a given project/website, and only then with a signed SLA by both the client and Fanatic Design Ltd.
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. 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.
Any design, copywriting, drawing, idea or code created for the customer by Fanatic Design Ltd, or any of it’s contractors, which is licensed for use by the client is 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.