You are in...
> T&Cs
Design by Hodgson Design
Terms & Conditions
Don't worry it's just the small print, so we all know where we stand :)
The following Terms and Conditions of Service apply to all products and services provided by Hodgson Design Limited.
All work is carried out by Hodgson Design Limited on the understanding that the client has agreed to Hodgson Design Limited's terms and conditions.
Copyright is retained by Hodgson Design Limited on all design work including words, 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 Hodgson Design Limited as fulfilling the contract. All other designs remain the property of Hodgson Design Limited, unless agreed in writing that this arrangement has been changed.
Project Acceptance
At the time of proposal, Hodgson Design Limited will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Hodgson Design Limited's website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Hodgson Design Limited. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Hodgson Design Limited's terms and conditions. No work on a project will commence until either document has been received by Hodgson Design Limited.
Design Charges
Charges for design services to be provided by Hodgson Design Limited, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Hodgson Design Limited has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Payment
The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to Hodgson Design Limited. 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.
Payments may be made by cash, cheque, BACS transfer or (for overseas customers) Pound Sterling International Money Order or previously agreed electronic funds transfer.
Publication and/or release of work done by Hodgson 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 £50 per returned cheque. Hodgson Design Limited reserves the right to consider an account to be in default in the event of a returned cheque.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Hodgson Design Limited shall be considered entitled to remove Hodgson Design Limited's and/or the customer'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 customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Hodgson 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 Hodgson Design Limited for inclusion in the customer's website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Hodgson Design Limited on behalf of the customer, will remain the property of Hodgson Design Limited and/or it's suppliers.
The customer may request in writing from Hodgson Design Limited, the necessary permission to use materials (for which Hodgson Design Limited holds the copyright) in forms other than for which it was originally supplied, and Hodgson Design Limited may, at it's 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 Hodgson Design Limited, the customer grants Hodgson Design Limited permission to use this material freely in the pursuit of the design.
Should Hodgson Design Limited, or the customer 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 customer will agree to allow Hodgson Design Limited to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Hodgson Design Limited free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Alterations
The customer 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 customer also agrees that Hodgson Design Limited holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, drawing, idea or code created for the customer by Hodgson Design Limited, or any of it's 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 Hodgson Design Limited and any of it's 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. Hodgson Design Limited will not be held responsible for any and all damages resulting from such claims. Hodgson Design Limited is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Hodgson Design Limited responsible for any such loss or damage. Any claim against Hodgson Design Limited shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to Hodgson Design Limited's definition of acceptable means of supplying data to the company.
Text is to be supplied to Hodgson Design Limited 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 Hodgson Design Limited via CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Hodgson Design Limited will not be held responsible for any image quality which the client later deems to be unacceptable. Hodgson Design Limited 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 Hodgson Design Limited of a design project's duration is to be considered by the customer to be an estimation. Hodgson Design Limited 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 Hodgson Design Limited for the initial payment or by date confirmed in writing by Hodgson Design Limited.
Rights of Access for Website Construction
The client agrees to allow Hodgson Design Limited 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 customer also agrees to allow Hodgson Design Limited 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 customer agrees to supply Hodgson Design Limited with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
Hodgson Design Limited considers the design project complete upon receipt of the customer's signed Approval form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Once web design is complete, Hodgson Design Limited will provide the customer with the opportunity to review the resulting work. Hodgson Design Limited 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 Hodgson Design Limited by e-mail or by post.
Hodgson Design Limited will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Hosting websites
Hodgson Design Limited does not offer in-house hosting services. Hodgson Design Limited can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Hodgson Design Limited may request that clients change the type of hosting account used if that account is deemed by Hodgson Design Limited to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organisation are the responsibility of the client and Hodgson Design Limited is not liable for their payment.
Domain Registration
Hodgson Design Limited cannot guarantee the availability of any domain name. Where Hodgson Design Limited 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, Hodgson Design Limited 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.
Design Credits
The customer agrees to allow Hodgson Design Limited to place a small credit on printed material, exhibition displays, advertisements and/or a link to Hodgson Design Limited's own website on the customer'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 customer also agrees to allow Hodgson Design Limited to place websites and other designs, along with a link to the client's site on Hodgson Design Limited's own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
Hodgson Design Limited 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. Hodgson Design Limited also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Hodgson Design Limited does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Hodgson Design Limited to remove the contravention without hindrance, or penalty. Hodgson Design Limited is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Hodgson Design Limited 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 Hodgson Design Limited within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
Hodgson Design Limited makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Hodgson Design Limited will not be held responsible for any and all damages resulting from products and/or services it supplies. Hodgson Design Limited 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 customer agrees not to hold Hodgson Design Limited responsible for any such loss or damage. Any claim against Hodgson Design Limited shall be limited to the relevant fee(s) paid by the customer.
Hodgson Design Limited 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. Hodgson Design Limited will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Hodgson Design Limited 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. Hodgson Design Limited 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.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Hodgson Design Limited 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 Hodgson Design Limited and validated by the customer's signature on the estimate or quotation form, 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 Hodgson Design Limited.