Terms and Conditions

Terms

T&C

These terms and conditions apply to all contracts between “Ts1design” and every

customer “The Client” for design work of every nature provided by Ts1design.

1.Definitions

1.1 – “Services” means the design service provided by Ts1design to the client.

1.2 – “Work” means the product of the service provided by Ts1design to the client which

encompasses; web design, logo design, all design for print and any other design

2.Application of the Terms and Conditions

The terms and conditions set out herein shall apply to all contracts for the sale of

design services by Ts1design to the client. No other terms and conditions shall be

binding upon the parties; this contract embodies the entire understanding between the

parties. There are no promises, terms, conditions, obligations, oral or written,

expressed or implied, other than those contained herein, or confirmed in writing by

Ts1design and attached hereto.

2.1 – These terms and conditions shall apply to all contracts for the sale of services by

Ts1design to the client with the exclusion of any other terms and conditions except

those in accordance with figure 2.4.

2.2 – The client and Ts1design shall both be bound by these

terms and conditions

2.3 – Ts1design reserves the right to alter, add and subtract from these terms and

conditions at any time. The most up to date terms and conditions are available to

view online at www.ts1design.com these online terms and conditions replace any

previously agreed and it is the responsibility of the client to make themselves

aware of the latest terms and conditions.

2.4 – Any variation to these terms and conditions (including any special terms and

conditions agreed between the parties) shall be inapplicable unless confirmed in

writing by Ts1design.

2.5 – All orders for services shall be deemed to be an offer by the client to purchase

services in accordance to these terms and conditions.

3.Contract

3.1 – Quotes given expire 15 days after the issue date on the contract.

3.2 – If in any case the client wishes to terminate the contract before its completion the

client must pay a “Kill Fee” of: £150 To cover wasted time.

3.3 – The Kill Fee (3.2) is taken in addition to any payment received before the date of

termination, this includes; 25%, 50% and upfront payments.

3.4 – The project must be completed within 10 weeks of the signature date on this

contract; it cannot be postponed or delayed unless otherwise agreed by Ts1design

in writing and attached hereto.

3.5 – If the project runs over 10 weeks due to client fault, a charge of 15% of the

original price quoted on the contract will be applied to the final invoice to cover

schedule inconvenience. The contract will also be re-assessed and the client will

be quoted appropriately. Figures 3.2 and 3.3 still apply. Any payment made

before the re-assessment will be deducted from the final invoice.

3.6 – Print quotes are independent of design quotes, a design contract does not bind

the client to print.

3.7 – If any significant changes need to be made to the contract after signing Ts1design

is entitled to make any changes deemed fit to the quoted price. If an agreement

cannot be arranged figures 3.2 and 3.3 still apply.

4.Payment

4.1 – The client is legally required to pay the full amount determined above within 30

days from the date specified in the invoice provided on completion of the work.

4.2 – If any payment is not made on or before 30 days after the invoice date, Ts1design

is entitled to charge interest thereafter per day on the value owed at the rate of

4% P.A. above the current base rate of Alliance & Leicester plc.

4.3 – The client is not permitted to make any deductions from the final amount for any

reason, any deductions will be at the discretion of Ts1design.

4.4 – If the client is not purchasing Hosting and Domain Services with Ts1design, the

client must purchase both domain name and hosting before any web based work

is carried out. In this case the client is the owner and is responsible for their

domain and hosting.

4.5 – In the case of print based work, if the client wishes to carry out the printing

through Ts1design, payment for both design and printing must be received in full

before the printing commences.

4.6 – The client may be asked to pay 25% or 35% of the final amount agreed in the

product details section either up front or halfway through the project in exchange

for all work done to this date, the client understands that this is non refundable in

accordance with figure 3.3.

5.Copyright

5.1 – The client is liable for any copyright breaches on any content provided by the

client to Ts1design.

5.2 – All content that is the creation of Ts1design is the property of Ts1design, subsequently

Ts1design retains the right to publish such work as his own.

5.3 – Any design work that is subsequently used after termination of the contract is a

breach of copyright, for which the client can be held liable.

5.4 – The client is not permitted to resell or make profit from selling work created by

Ts1design. (If the client wishes to resell work, please ask for a “Resellers Contract”

please note, this will affect the quote.)

5.5 – Ts1design retains no rights to any concepts or content provided by the client,

subsequently Ts1design does not retain the right to re-create, resell or distribute

any business concepts, text content or images provided by the client.

6.Deadlines & Delay

6.1 – Ts1design cannot be held responsible for delayed delivery on any work that is due

to client fault, for instance: Delay in signing off proofs, delay in providing any

content that has been specified as a requirement or any change in the content

that has already been provided. Ts1design also cannot be held responsible for any

delays that are not solely the fault of Ts1design, this includes printing delays.

6.2 - If the client needs to shorten or specify a deadline it is

not guaranteed that Ts1design will be able to meet the requirements.

6.3 – If the client wishes to shorten or specify a deadline Ts1design is entitled to make

any amendments deemed necessary to the quote provided.

6.4 – In the unlikely case that Ts1design fails to meet the agreed deadline the client has

the option to cancel the contract with no extra fee. However figure 4.6 still

applies, if the client still wishes to use the work, the contract must stand and the

client must pay the full amount quoted on completion of the work, in accordance

to figure 4.3.

6.5 – Deadlines agreed between Ts1design and the client are NOT inclusive of time

taken for printing, the deadline agreed in this contract is for design only. The

client must bear this in mind when setting the deadline.

7.Indemnity

7.1 – The client shall indemnify Ts1design, keep Ts1design indemnified and holds Ts1design

harmless from and against any breach by the client of these terms of business.

7.2 – Any claim brought against the client by a third party resulting from the provision

of work by Ts1design to the client and the client’s use of the work, without

limitation, all claims, actions, proceedings, losses, liabilities, damages, costs,

expenses, howsoever suffered or incurred by the client, Ts1design shall not be

held liable for.

8.Liability

8.1 – Ts1design shall not be held liable for failing to perform to the contract for any

reason that is not solely the fault of Ts1design.

8.2 – In any event no claim shall be brought unless the client has notified Ts1design of

the claim within one year of it arising.

8.3 – Ts1design shall not be held liable in any case for any damages, loss of anticipated

profits, loss of revenue, contracts or any other inconsequential damages that

arise from any cause associated with Ts1design or the property of Ts1design, this

includes design work (5.2).

8.4 – All property supplied to Ts1design by the client or on behalf of the client shall

remain at the client’s risk, unless otherwise agreed in writing, this includes; print

delivery, data and equipment. The client should insure accordingly.

8.5 – Ts1design shall not be held liable for any leak of information or confidential material

provided by the client, this includes, a leak or malpractice of any kind by a third

party that Ts1design has outsourced work to, domain loss due to hacking or as a

result of hacking by a third party, password leaking due to theft or any

circumstance that is not solely the fault of Ts1design.

9.Delivery

9.1 – Ts1design cannot be held responsible for any loss or damage during transit of

client property (8.4) or print deliverables. It is up to the client to insure

accordingly.

9.2 – Web site delivery will take the form of the website going live and will be executed

upon receipt of payment in full. (A CD containing files for backup is available on

request.)

10.Applicable Law

10.1 – This agreement shall be governed by and construed in accordance with English

law and the client hereby submits to the non-exclusive jurisdiction of the

English courts.

11.Headings

11.1 – Headings are included in this agreement for convenience only and shall not

affect the construction or interpretation of this agreement.

12.General

12.1 – Nothing in this agreement shall confer, nor do the parties intend it to confer, any

enforceable right on any third party and the Contracts (Rights of Third Parties)

Act 1999 shall not apply.

12.2 – This Contract shall be governed by the Laws of England and the parties submit

to the exclusive jurisdiction of the English Courts in relation to any dispute

hereunder.

13.Notices

13.1 – Any notice to be given by either party to the other may be sent by email, fax or

recorded delivery to the address of the other party as appearing in this

agreement or such other address as the party may from time to time have

communicated to the other in writing.

(a) – If such notice is sent by email, it shall be deemed received on the day it was

sent unless the contrary is proved.

(b) – If such notice is sent by fax, it shall be deemed received on receipt of an error

free transmission report.

following the date of posting.

(d) – If such notice is sent by first class delivery, it shall be deemed received four

days following the date of posting.

13.2 – By interpretation this contract is deemed confirmed at Ts1design’s place of

business.