The following apply to all services and products provided by Trait Design Limited.
All work is carried out by Trait Design Limited on the understanding that the client has agreed to Trait Design Limited’s Terms and Conditions of service.
At the time of proposal, Trait Design Limited will provide the client with a written quotation if requested. The Terms and Conditions can also be read on Trait Design Limited’s website.
A copy of the written quotation is to be signed and dated by the client to indicate acceptance and should be returned to Trait Design Limited. Alternatively, the client may send an official order in reply to the quotation which binds the client to accept Trait Design Limited’s Terms and Conditions. No work on a project will commence until either document has been received by Trait Design Limited.
Charges for design services to be provided by Trait Design Limited, will be set out in the written quotation that is provided to the client. At the time of the client’s signed acceptance of this quotation, indicating acceptance of the Terms and Conditions, a non-refundable deposit of 25% of the quoted fee will become immediately due (if previously agreed). Work on the project will not commence until Trait Design Limited has received this amount, (if previously agreed).
Charges for other services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount, if previously agreed) at the time of quotation acceptance.
VAT will be charged where applicable.
The client will be provided with an invoice on final completion. At this time the remainder of the amount due will become payable 30 days after date of invoice. Accounts which remain outstanding after this date, will incur an extra charge of 5% per month of the outstanding amount unless agreed in writing that this arrangement has been changed.
Payments may be made by cheque or BACS, or for overseas customers, GBP International electronic funds transfer.
Publication and/or release of work produced by Trait Design Limited on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of £100 per returned cheque. Trait Design Limited 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. Trait Design Limited shall be considered entitled to remove Trait Design Limited 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, sub-contractors, printers, photographers, libraries, hosting, domain registration, search engine submission and maintenance.
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 Trait Design Limited 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 Trait Design Limited for inclusion in the client’s materials or website, 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 data supplied to Trait Design Limited remains the property of the client and will not be passed on to any third party.
Copyright is retained by Trait Design Limited on all graphic or web design work produced including, concepts, visuals, artwork, imagery, illustrations, photography and copywriting unless specifically released in writing and after all costs have been settled. We reserve the right to use any design, artwork or printed materials we produce for the purposes of promoting our services.
If a choice of design is presented, only one solution is deemed to be given by Trait Design Limited as fulfilling the contract. All other designs remain the property of Trait Design Limited, unless agreed in writing that this arrangement has been changed.
Any concepts, artwork, images, illustrations, or copywriting supplied and/or designed by Trait Design Limited on behalf of the client, will remain the property of Trait Design Limited and/or it’s suppliers.
The client may request in writing from Trait Design Limited, the necessary permission to use materials (for which Trait Design Limited holds the copyright) in forms other than for which it was originally supplied, and
Trait Design Limited may, at it’s discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid concepts, artwork, photography, illustrations, copywriting, or other data to be used.
By supplying photography, illustrations, copywriting, or any other data to Trait Design Limited, the client grants Trait Design Limited permission to use this material freely in the pursuit of the design.
Should Trait Design Limited, or the client supply an image, text, audio clip or any other file for use in a print item, advertisement, website, multimedia presentation, exhibition 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 Trait Design Limited to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold Trait Design Limited 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 Trait Design Limited holds no responsibility for any amendments made by any third party, before or after a design is published.
Trait Design Limited will supply proofs and pdf files as appropriate for printing or other graphic files as detailed in the relevant quote. Charges for design and/or artwork do not cover the release of our copyright design source/native files, including but not restricted to; indd, ai, psd, png or any other source files; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or buy-out charge.
Cancellation or suspension
Should the Client wish to cancel or suspend any commissioned design or digital projects, for whatever reason, Trait Design Limited will require formal written confirmation of the cancellation or request to stop work. The Client will be invoiced for all work carried out to date, whether or not the project is fully complete. Invoices must be paid within 30 days. Any cancellation which is not formally confirmed in writing, Trait Design Limited will charge the full quoted cost of the project.
Should work be suspended at the request of or delayed through any default of the Client for a period of 90 days Trait Design Limited shall immediately upon the expiry of the 90 day period be entitled to invoice for work already carried out, materials specially ordered and other additional costs.