TERMS & CONDITIONS
The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Bright Box Designs.
All design work is carried out by Bright Box Designs on the understanding that the client has agreed to abide by Bright Box Designs’ Terms and Conditions.
Copyright of all graphic design work is retained by Bright Box Designs including written copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by Bright Box Designs as fulfilling the contract. All other artwork designs remain the property of Bright Box Designs, unless agreed in writing.
At the time of proposal, Bright Box Designs will provide the client with a written estimate or quotation.
A copy of the written estimate or quotation is to be signed and dated by the client to indicate acceptance and should be returned to Bright Box Designs. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Bright Box Designs’s Terms and Conditions. No work on a project will commence until either document has been received by Bright Box Designs.
Fees for design services to be provided by Bright Box Designs, will be set out in the written estimate or quotation that is provided to the client. At the time of the client’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms and Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Bright Box Designs has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable at the time of project acceptance.
The client will be asked to provide artwork sign off. At this time the remainder of the fees due will become payable.
Payments may be made by Bacs, cash, cheque, or (for overseas clients), Paypal or previously agreed electronic funds transfer.
Publication and/or release of work done by Bright Box Designs on behalf of the client, may not take place before funds have cleared.
Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.
Returned cheques will incur an additional fee of £50 per returned cheque. Bright Box Designs reserves the right to consider an account to be in default in the event of a returned cheque.
Payment in full is required prior to artwork being sent to print.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Bright Box Designs shall be considered entitled to remove Bright Box Designs’s and/or the client’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 client of its obligation to pay the due amount. Clients whose accounts become in default agree to pay Bright Box Designs 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 Bright Box Designs for inclusion in the client’s brochure or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Bright Box Designs on behalf of the client, will remain the property of Bright Box Designs and/or it’s suppliers, excluding Logo design in which full copyright will be passed to the client upon receipt of full payment.
The client may request in writing from Bright Box Designs, the necessary permission to use materials (for which Bright Box Designs holds the copyright) in forms other than for which it was originally supplied, and Bright Box Designs 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. Bright Box Designs reserves the right to charge fees for additional usage.
By supplying images, text, or any other data to Bright Box Designs, the client grants Bright Box Designs permission to use this material freely in the pursuit of the design and to utilise the designs in Bright Box Designs’s portfolio unless agreed otherwise.
Should Bright Box Designs, or the client 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 client will agree to allow Bright Box Designs to remove and/or replace the file.
The client agrees to fully indemnify and hold Bright Box Designs free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
The client 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 client also agrees that Bright Box Designs holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing or code created for the client by Bright Box Designs, 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 Bright Box Designs and any of its relevant sub-contractors.
All design work where there is a risk that another party may 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. Bright Box Designs will not be held responsible for any or all damages resulting from such claims. Bright Box Designs is not responsible for any loss, or consequential loss for non-delivery of products or services, of whatever cause. The Client agrees not to hold Bright Box Designs responsible for any such loss or damage. Any claim against Bright Box Designs shall be limited to the relevant fee(s) paid by the client.
The client agrees to Bright Box Designs’ definition of acceptable means of supplying data to the company.
Text is to be supplied to Bright Box Designs in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Bright Box Designs via CD-ROM, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Bright Box Designs will not be held responsible for any image quality which the client later deems to be unacceptable. Bright Box Designs 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 Bright Box Designs of a design project’s duration is to be considered by the client to be an estimation. Bright Box Designs cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds of the deposit are received by Bright Box Designs.
Design Project Completion
Bright Box Designs considers the design project complete upon receipt of the client’s sign off. Other services such as printing, display panel production, website uploading, publishing etc contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Once web design is complete, Bright Box Designs will provide the client with the opportunity to review the resulting work. Bright Box Designs will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. They do not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Bright Box Designs by e-mail or post.
Bright Box Designs will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.
The client agrees to allow Bright Box Designs to place a small credit on printed material, exhibition displays, advertisements and/or a link to Bright Box Designs’s own website on the client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The client also agrees to allow Bright Box Designs to place all designs on Bright Box Designs’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
Bright Box Designs 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. Bright Box Designs also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Bright Box Designs does include in all good faith, and then finds out that it contravenes these Terms and Conditions shall be removed. The client is obliged to allow Bright Box Designs to remove the contravention without hindrance, or penalty. Bright Box Designs 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 this, Bright Box Designs 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. Please note: any cancellation which is not formally confirmed in writing and received by Bright Box Designs within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Bright Box Designs makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Bright Box Designs will not be held responsible for any or all damages resulting from products and/or services it supplies. Bright Box Designs 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 client agrees not to hold Bright Box Designs responsible for any such loss or damage. Any claim against Bright Box Designs shall be limited to the relevant fee(s) paid by the client.
Bright Box Designs 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. Bright Box Designs will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Bright Box Designs 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. Bright Box Designs 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. Bright Box Designs 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 for design and/or any other services offered by Bright Box Designs and validated by the client’s signature on the estimate or quotation, 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 Bright Box Designs.