The following Terms and Conditions of Service apply to all products and services provided by Tim Mulkern henceforth referred to as TM Design.
All work is carried out by TM Design on the understanding that the client has agreed to TM Design’s terms and conditions.
Copyright is retained by TM Design on all creative design work including campaign advertising slogans, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by TM Design as fulfilling the contract. All other designs remain the property of TM Design, unless agreed in writing that this arrangement has been changed.
At the time of proposal, TM Design will provide the client with a written estimate or quotation. The terms and conditions can be read on the TM Design website.
The client may send an official order in reply to the estimate or quotation, or an email acknowledging acceptance of the quotation, which binds the client to accept TM Design’s terms and conditions.
No work on a project will commence until acceptance of the quotation has been received by TM Design.
Clients will normally be invoiced on completion of work on our standard 14 days terms. For larger projects, such as website development, we will require staged payment. This will be on completion of each stage of agreed deliverables. All new clients are required to pay in full prior to TM Design commencing work.
Payments may be made by online transfer, cash or cheque. Publication and/or release of work undertaken by TM Design on behalf of the client may not take place before cleared funds have been received.
TM Design 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.
TM Design shall be considered entitled to remove TM Design 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 default agree to pay TM Design 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 TM Design for inclusion in the client’s website 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 TM Design on behalf of the client, will remain the property of TM Design and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988.
The client may request in writing from TM Design the necessary permission to use materials (for which TM Design holds the copyright) in forms other than for which it was originally supplied, and TM Design 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.
By supplying images, text, or any other data to TM Design, the client grants TM Design permission to use this material freely in the pursuit of the design.
Should TM Design 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 TM Design to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold TM Design 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 TM Design holds no responsibility for any amendments made by any third party before or after a design is published.
Any design, copywriting, photograph, drawing, idea or code created for the client by TM Design, 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 TM Design and any of its relevant sub-contractors.
All design work – where there is a risk that another party 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.
TM Design will not be held responsible for any and all damages resulting from such claims. TM Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold TM Design responsible for any such loss or damage. Any claim against TM Design shall be limited to the relevant fee(s) paid by the client.
Rights of refusal
TM Design 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.
TM Design also reserves the right to refuse to include submitted material without giving reason.
In the situation where any images and/or data that TM Design does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the client is obliged to allow TM Design to remove the contravention without hindrance, or penalty. TM Design 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, TM Design 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 TM Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Any indication given by TM Design of a project’s duration is to be considered by the client to be an estimate. TM Design 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 are received by TM Design for the initial payment or by date confirmed in writing by TM Design.
Other than our standard 30 day Warranty period on a new website delivery, TM Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. TM Design will not be held responsible for any and all damages resulting from products and/or services it supplies.
TM Design 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 TM Design responsible for any such loss or damage. Any claim against TM Design shall be limited to the relevant fee(s) paid by the client.
TM Design 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. TM Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
TM Design 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. TM Design 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.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by TM Design, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.designmw.co.uk
An estimate validated by confirmation of approval to proceed with the project by the client by e-mail or in writing 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 TM Design.
TM Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Creative design services
Charges for creative design services to be provided by TM Design will be set out in the written estimate or quotation that is provided to the client.
Charges for creative design work do not cover the release of copyright design files including indd, psd, png, eps, jpg or any other source files; if the client requires these files they will be subject to a separate quotation or ‘buy-out’ charge.
Publication and/or release of work done by TM Design on behalf of the client may not take place before cleared funds have been received.
All design work will be proofed by the client and written approval given before TM Design will release it for publication or print. Whilst all efforts will be made by TM Design to ensure the accuracy of work, no liability can be accepted by TM Design for errors not highlighted by the client prior to written approval for publication or print.
The client agrees to TM Design’s definition of acceptable means of supplying data to the company.
Text is to be supplied to TM Design in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail/FTP.
Images which are supplied in an electronic format are to be provided in a format as prescribed by TM Design via CD-ROM, or e-mail FTP. Images must be of a quality suitable for use without any subsequent image processing, and TM Design will not be held responsible for any image quality which the client later deems to be unacceptable.
TM Design 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, colour correction and alteration of images.
Website design & development
TM Design require that a template is approved by the client before coding of a site commences. Once the template(s) for the website are approved by the client, coding will commence; any changes to navigation items, colours, structure or content which require changes to the template will incur an additional charge.
Once web design is complete, TM Design will provide the client with the opportunity to review the resulting work. TM Design 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. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to TM Design by e-mail.
TM Design 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.
Rights of access for website construction
The client agrees to allow TM Design all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The client also agrees to allow TM Design access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The client agrees to supply TM Design with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
TM Design offers in-house hosting services through an outsourced server. TM Design does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
TM Design may request that clients change the type of hosting account used if that account is deemed by TM Design to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.
Fees for hosting on TM Design’s virtual server are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and TM Design is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the client/domain owner.
Limitation of liability
TM DESIGN SHALL HAVE NO LIABILITY FOR UNAUTHORISED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, THE WEBSITE OR CLIENT’S DATA FILES, PROGRAMS OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES.
TM Design cannot guarantee the availability of any domain name. Where TM Design is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search engine submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, TM Design cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. TM Design recommend that clients use a professional Search Engine Optimisation specialist and can arrange for third party SEO consultancy, but can accept no responsibility for their services.
The client agrees to allow TM Design to place a small credit in the form of a link to TM Design’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 TM Design to place websites and other designs, along with a link to the client’s site on TM Design’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.