Terms and Conditions

ABSTRACT CREATIVE STUDIO

DESIGN SERVICES TERMS & CONDITIONS

These Conditions shall apply to all supplies of Design Services by Abstract Creative Studio.

Definitions

In these Conditions the following phrases have the following meanings:

ʻConditionsʼ means these Terms and Conditions

ʻContractʼ means the contract for the supply of Design Services between Us and You and comprises our Proposal and these Conditions

‘Design Services’ means graphic design services as may be agreed between You and Us

ʻOrderʼ means an order placed by You

ʻProposalʼ means the proposal prepared by Us, which may be provided by email, confirming the cost of the Design Services and any special conditions agreed with You

‘Us’ means Tara Morris t/a Abstract Creative Studio, 283 Vale Road, Ash Vale, Aldershot, Hampshire, GU12 5LA (also referred to as ‘We’/’Our’ as appropriate)

‘You’ means the person, firm, company, or other entity whose order for Services is accepted by Us

Scope

We shall supply and You shall pay for the Design Services in accordance with the Proposal and these Conditions.

These Conditions shall govern the Contract between Us and You and shall prevail over any other terms and conditions put forward by You. If You do not agree to be bound by these Conditions You should not place an order with Us.

We reserve the right to refuse an Order without reason and shall not be liable for any losses arising from such refusal.

Formation of Contract

The Contract shall be formed on the acceptance by You of Our Proposal which incorporates these Conditions.

Commencement of Work

On receipt of Your Acceptance we shall commence work on receipt of:

Our completed design brief template form (‘Design Brief’) which will be completed with Us on consulting with You, or by You submitting an acceptable design brief by email to Us. In the event that a Design Brief prepared by You is not sufficiently detailed We reserve the right to revert to You with additional queries and it is only on receipt of adequate responses to these queries that an acceptable Design Brief will be deemed to have been submitted to Us.

Payment of an agreed non-refundable deposit (‘Project Deposit’) by You to Us.

Signed Terms & Conditions.

No work on a project will commence until the above is received by Us.

Charges

Charges for Design Services will be set out in Our Proposal. In the event that additional Design Services are carried out these will attract additional charges as agreed in advance with You.

The Project Deposit payable on commencement of the Design Services is non-refundable, and if a project is cancelled by You for whatever reason will serve as a cancellation fee and a pro-rata payment based upon the time spent if it exceeds 50% of the quoted Design Services.

The remaining 50% balance will be due upon completion of the Design Services prior to the delivery of artwork files.

Ownership

No final artwork or files will be delivered until final invoices are paid in full.

Alteration to Design Services

You agree that any additional information, changes or additions that are requested after the formation of the Contract and commencement of the project will be liable to additional charges at Our rate of £50 plus VAT per hour. These additional charges will be added to the final invoice unless otherwise earlier requested by Us.

We shall not accept any liability for any amendments made by You or any third parties to Our Design Services following delivery of the artwork files to You.

Approval of Final Artwork

It is Your responsibility to check proofs carefully for accuracy in all respects, including but not restricted to spelling errors and errors in technical illustrations. We shall not be liable for any errors or omissions.

No refunds or reprints are given after a final approved design has been released to You or sent to print.

Importance of the Design Brief

The Design Brief will be one of the first documents that You will complete. This will be completed either by Us following consultation with You or completed by You and submitted to Us by email.

This is the single most important document in determining the creative and strategic direction of the project. All aspects of the project must be included in this document. We take this information and create Your design from this.

Please ensure You adequately address the following when completing the Design Brief:

• Take time to prepare a considered, well written brief with all information supplied and in detail.

• Provide adequate reference material such as, but not limited to, links, images, PDF moodboards, word mood boards.

• Clarify your style, colours, typographic preferences.

• End result goals described in detail.

If a brief is incomplete We may refuse to commence work until sufficient detail has been provided and where We do commence work, We will not be held liable if the end result is not as You anticipated.

Project Duration and Your Response Time

Any indication given by Us of a design project's duration is provided as an estimate and whilst we shall use reasonable endeavours to meet the timescales quoted, time shall not be of the essence in this regard.

Where You have a specific deadline this should be clearly communicated and agreed by Us.

You shall provide timely responses to Us where We provide You with progress notifications, work for review or requests for information.

You shall have 30 days to respond to each draft or request for information submitted. If You fail to respond within 30 days, We shall deem the project complete. At such time We shall have no further obligation to You and Our final invoice shall be raised.

Artwork files

We email You files. We do not send artwork on USB drives, CDs or DVDs and it is Your responsibility to ensure that You have sufficient email storage to receive files. We cannot be responsible for any corruption of the files that occurs in transmission.

Intellectual Property Rights

Where a choice of designs is presented to You to select from, only one design shall be deemed to be given by Us in fulfilling the Contract. All other designs shall remain Our property, unless agreed in writing. Full copyright to the chosen design shall become Your property once payment has been received in full.

By supplying text, images and other data to Us for inclusion in Your project You warrant that You hold the appropriate copyright and/or trademark permissions and You grant Us permission to use the material freely in the pursuit of the Design Services. You shall indemnify Us in full against any losses or damages We may suffer in the event of breach by You of this warranty.

Any artwork, images, or text supplied and/or designed by Us and/or our suppliers shall remain Our property or that of our suppliers until such time as payment in full is received.

Should We or You inadvertently supply an image, text 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, and it subsequently emerges to have such copyright or royalty usage limitations, You shall allow Us to remove and/or replace the file where necessary.

Design Credits

You agree that We may place completed projects on Our own website for demonstration purposes and to use any designs in Our own publicity and portfolios.

Force Majeure

We shall not be liable to You or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of Our obligations in relation to the Design Services where any delay or failure was due to any cause beyond Our reasonable control.

Cancellation Rights

Cancellation of orders may be made initially by telephone contact, however, following this, We will need formal notification in writing and You 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.

Payments

Our payment terms are on receipt of invoice unless otherwise agreed in writing.

In the event of non-payment, We reserve the right to apply interest at a rate of 5% and to recover any debt collection costs We incur from You.

Disclaimer

We make no warranties of any kind, express or implied, for any and all products and/or services that We supply.

To the fullest extent permitted by law, We shall not be held responsible for any and all damages resulting from products and/or services We supply.

We shall not be 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.

Any claim against Us shall be limited to the fee paid by You in respect of the corresponding Design Services.

We reserve the right to use the services of subcontractors, agents and suppliers.

ABSTRACT CREATIVE STUDIO

PRINT SERVICES TERMS & CONDITIONS

These Conditions shall apply to all supplies of Print Services by Abstract Creative Studio.

Definitions

In these Conditions the following phrases have the following meanings:

ʻConditionsʼ means these Terms and Conditions

ʻContractʼ means the contract for the supply of Print Services between Us and You and comprises our Proposal and these Conditions

‘Print means an order placed by You

ʻProposalʼ means the proposal prepared by Us, which may be provided by email, confirming the cost of the Print Services and any special conditions agreed with You

‘Us’ means Tara Morris t/a Abstract Creative Studio of 283 Vale Road, Ash Vale, Aldershot, Hampshire, GU12 5LA (also referred to as ‘We’/’Our’ as appropriate)

‘You’ means the person, firm, company, or other entity whose order for Services is accepted by Us

Scope

We shall supply and You shall pay for the Print Services in accordance with the Proposal and these Conditions.

We reserve the right to refuse an Order without reason and shall not be liable for any losses arising from such refusal.

Formation of Contract

The Contract shall be formed on the acceptance by You of Our Proposal which incorporates these Conditions.

Commencement of Work

On receipt of Your Acceptance We shall release the files to the printer strictly on receipt of:

• Written confirmation of print project(s) stating the quotation number for reference.

• Full payment (100%) of the quoted fee.

Release of the files to the printer will not be made until the above is received by Us.

Charges

Charges for Print Services will be set out in Our Proposal and will be payable immediately.

If the order is not completed within 90 days from the start date, due to Your delay, it is possible an additional invoice will be issued due to a price increase during this period which will be required for payment prior to the order going to print.

Returns and Refunds

You accept full responsibility for checking any files before they are sent for printing.

As We are printing work provided by or approved by You We shall not be liable for any errors contained in the final product and shall not be held responsible for any changes or amendment made after approval.

It is Your sole responsibility to notify Us during the revision cycle and before the final files have been generated.

In the event of a need to reprint due to errors in content, You must inform Us within 3 days of product acceptance. In cases where the errors are stated by You to be caused by Us then You must return the product (at Your own cost) within 10 days of acceptance for assessment. In cases of a reprint where the errors are accepted as Your responsibility there is no need to return the product.

As with all print projects, payment for re-printed projects must be prepaid.

Liability

Whilst We will use reasonable endeavours to ensure proper cutting, accurate colour reproduction, and excellent printing quality certain circumstances are beyond Our control.

Please note that We cannot be responsible for:

• Spelling, punctuation, or grammatical errors in text provided by or approved by You.

• Inferior quality or low-resolution of uploaded images.

• Design errors or colour selection errors produced by You in the artwork file creation process.

• Errors in user-selected options such product type, size, finishing options, or quantity.

• Incorrect file dimensions, image orientation, or file submission.

• Duplicate orders by You.

• Incorrect file layout for folding, scoring, hole drilling, die cutting or other custom services.

Our prepress department checks most artwork files before printing, but You remain solely responsible for the accuracy of Your print-ready artwork files, and We encourage You to proofread all files carefully before submitting.

You certify that You have the right to use the image(s) in Your artwork files. We are NOT responsible for loss or damage of images or artwork.

Indemnity

Under these Conditions, You warrant that You will not upload any artwork files including any material that could give rise to any civil or criminal liability under applicable law or any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable.

You agree to fully indemnify Us against any losses or damages We may suffer arising from Your breach of this warranty.

Email Proof

You will receive one (1) free PDF proof for each item ordered. Proofs provided by Us are an indication of the final printed product only. Variations in colour or trim can be a result of the printing process. No reprints at Our cost will be printed. You should read and follow the artwork guidelines prior to submitting their artwork.

An additional £25.00 plus VAT artwork edit fee can be charged if You require Us to edit or fix a minor problem with Your artwork. Complex artwork problems will be quoted individually.

Printed proofs may be organised if required and will be quoted individually. Extra time will be allocated for this and will have to be taken into account resulting in an extended completion date.

Colour Variations

Our printing products may have colour variations between what You have seen on screen and the final product. Colour variations may also exist between the front and back of the card, and previous orders can also be expected. This is the nature of CMYK offset printing and bulk-run printing. Different finishes, laminates and stock variations over time will also create variations in colour.

Trimming of printing

All printing products are trimmed. Trimming of printing products may shift up to 2mm in any direction, therefore artwork should be set taking this into account to minimize risk of trimming affecting the look of the print.

Submitting artwork for print

Please note that designing and submitting Your artwork for printing can sometimes produce unplanned results if You do not have proper experience and training. Designing artwork for offset printing can be technical with a range of different variables that affect printing, often not noticeable on the computer screen. We recommend getting a professional designer to design Your printing artwork as You are fully responsible for the end result of printing. You are reminded to submit print-ready artwork with the correct specifications. Please see Our artwork guidelines below.

Whilst We do accept artwork formats such as Microsoft Office, We do not recommend these programs due to artwork complications that often arise.

We reserve the right to make changes to Your artwork without Your consent to avoid printing problems that can be foreseen to happen. This will rarely change the design, but if it does it will be evident in the proof You receive.

Artwork Guidelines

· PDF format preferred

· CMYK colour

· 300dpi resolution minimum

· Fonts converted to outlines or flattened

· 5mm bleed where required

· Project Duration and Deadline

Project Duration and Your Response Time

Where You have a specific deadline, this should be clearly communicated and agreed by Us.

You shall provide timely responses to Us where We provide You with progress notifications, work for review or requests for information.

Design Credits

You agree that We may place completed projects on Our own website for demonstration purposes and to use any designs in Our own publicity and portfolios.

Force Majeure

We shall not be liable to You or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of Our obligations in relation to the Print Services where any delay or failure was due to any cause beyond Our reasonable control.

Cancellation Rights

Cancellation of orders may be made initially by telephone contact, however, following this, We will need formal notification in writing and any fees already paid will not be refundable.

Payments

Our payment terms are on receipt of invoice unless otherwise agreed in writing.

In the event of non-payment, We reserve the right to apply interest at a rate of 5% and to recover any debt collection costs We incur from You.

Disclaimer

We make no warranties of any kind, express or implied, for any and all products and/or services that We supply.

To the fullest extent permitted by law, We shall not be held responsible for any and all damages resulting from products and/or services We supply.

Any claim against Us shall be limited to the fee paid by You in respect of the corresponding Design Services.

We reserve the right to use the services of sub-contractors, agents and suppliers.

General

Except as expressly stated in this Contract, a person who is not a party to this Contract may not enforce any of its terms under the Contract (Right of Third Parties) Act 1999.

If any of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, this shall not affect the validity of all other terms, and the remainder of the term in question, which shall continue to apply.

The Contract makes up the entire understanding between Us and You and supersedes any previous agreements, understandings, representations (except fraudulent representations) statements or other communications between the parties whether written or verbal. You confirm that You are not relying on any representations that are not contained in the Contract.

The Contract shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.