Terms & Conditions
COMMENCEMENT OF WORK
A request or agreement to work with Fraser & Co Design, along with payment, constitutes agreement to these terms and conditions. The client understands payment will be received in full after completion of the questionnaire prior to work being produced.
Unless otherwise agreed in writing, the work will be delivered online, digitally, via Google Drive or a ZIP file containing the individual files in an email attachment. The file(s) will be shared with the client via email, and it is the client’s responsibility to ensure they can access files in this format. Alternative options can be agreed if necessary, but it is the client’s duty to discuss and organise this prior to work beginning, and could incur an additional fee.
RIGHTS AND OWNERSHIP
All the services provided by the designer shall be for exclusive use of the client other than the designers promotional use.
Upon full payment of the fee the client will have full ownership rights to the final artwork created, in any media application or printed form that is beneficial to their business. Fraser & Co Design retains the right to use the final design/s, or any versions of the design/s created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Fraser & Co Design the right to use the clients given name and business name for testimonial purposes in their website, or other business related media. The client understands that it is the their responsibility to copyright the logo design and/or trademark and are aware that it is the clients responsibility to check at the draft stage prior to accepting the final design if it has previously been trademarked.
The client shall inform the designer in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.
For singular or short-term projects agreed, a 50% deposit of the total fee is required before work begins. The remaining 50% will be invoiced and due for payment when the project is completed, prior to the hand over of final designs. If the agreed work is terminated early, whether at the instruction of Fraser & Co Design or the client, all work completed up to that point remains fully payable and the client will be invoiced accordingly.
All invoices are due for payment within seven calendar days of the invoice date. Payments that are late by 30 calendar days or more will incur an additional late fee of 10% of the original invoice. All invoices will be delivered by email. It is the responsibility of the client to ensure Fraser & Co Design have the correct, up to date email address for this purpose.
If after project commencement client communication (face-to-face, telephone, or email) stops for a period of 180 days, the project can be cancelled with no refund, in writing by the designer, and ownership of all copyrights shall be retained by the designer.
The client has the right to terminate this agreement if, Fraser & Co Design fails to complete the requested design in 60 days of payment. If agreement is terminated for any reason other than failure to deliver within 60 days, Fraser & Co Design shall retain the full payment.
Fraser & Co Design does not warrant that the design/s, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will Fraser & Co Design be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the design/s, even if Fraser & Co Design has been advised of the possibility of such damages. The client agrees to indemnify and hold harmless the designer from any and all claims, demands, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer. All contracts will be dealt with in UK law and if in any situation compensation to the client is due it will be be limited to the value of the contract only.
Fraser & Co Design shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Fraser & Co Design e.g natural disasters or accidents of any kind, however its not limited to solely these events.
Graphic design, photography, illustration and marketing are all highly creative and subjective art forms. As such Fraser & Co Design take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however the Fraser & Co Design cannot be held responsible for variations between expectation and outcome.
All information contained in this website is intended for general information purposes only. The information is provided by Fraser & Co Design. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk.
The designer can be reached by email 9am – 5pm GMT.
Fraser and Co Design
Apt 9694, Chynoweth House
Trevissome Park, Truro, TR4 8UN
NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms please contact us. Please also note that from time to time Fraser & Co Design may need to alter these terms and conditions without notice.