Terms and Conditions

Definitions

1. This website is operated by WebFoo Limited trading as DesignDelivery. The words, DesignDelivery, we, and the company in these terms and conditions shall refer to WebFoo Ltd.

2. For the purposes of this document the word you or client shall refer to any entity, be it an individual or an incorporated body, that is viewing or using the website or ordering any services through the website

 

General Terms

Acceptance of Terms

3. Your access to and use of the website www.designdelivery.co.uk is subject exclusively to these terms and conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using this Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using this Website.

To whom the terms apply

4. The terms and conditions set out below apply to all the orders and projects for provision of services by DesignDelivery. These terms and conditions supersede any other documents or communication. Variations to these terms and conditions will not be valid unless agreed in writing by DesignDelivery.

DesignDelivery may refuse any order without the need to provide a reason.

Severance

5. In case any of the provisions in these terms and conditions is held to be invalid, unenforceable or illegal by any court no matter the reason, such provision shall be severed but the remainder of the provisions hereof shall continue in full force and effects as if these terms and conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

Changes to terms

6. DesignDelivery may change these terms & conditions at any time. If an order has already been placed before the new terms and conditions are published then the terms and conditions that were presented at the time of a client placing an order will be the terms and conditions that apply to that specific order.

DesignDelivery may make changes to the website and information provided, i.e. publications, prices, technical specifications, promotions and product offerings at any time and without notice.

Jurisdiction

7. These terms and our relationship will be governed by English Law. We each submit to the exclusive jurisdiction of the English courts.

 

Privacy Policy

Confidentiality

8. We will keep confidential all information about you and your business and not disclose it to anyone outside the Company without your consent. However, you do consent to disclosure in the following:

  • in the proper handling of your work
  • to our professional indemnity insurers
  • to assessors in relation to any application by us for or the maintenance of a quality standard
  • where compelled by law, such as a court order
  • to the public for our own promotion

9. Subject to (a) to (c) below, you must keep in strict confidence all technical or commercial knowhow, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to you by us, our employees, agents, consultants or subcontractors and any other confidential information concerning our business or our products or services which you may obtain.

(a) You may disclose such information:

       (i) to your employees, officers, representatives, advisers, agents or subcontractors who need to know such information for the purposes of carrying out your obligations relating to the work you have instructed us to carry out; and

       (ii) as may be required by law, court order or any governmental or regulatory authority.

(b) You must ensure that any employees, officers, representatives, advisers, agents or subcontractors to whom you disclose such information comply with these provisions about confidentiality.

(c ) You must not use any such information for any purpose other than to perform your obligations to us.

All materials, documents, equipment and tools, drawings, specifications and data supplied by us to you shall, at all times, be and remain our exclusive property, but shall be held by you in safe custody at your own risk and maintained and kept in good condition by you until returned to us, and shall not be disposed of or used other than in accordance with our written instructions or authorization.

Email

10. We routinely use email to communicate, and whilst we have normal levels of security in place, you accept the risk that email communications may not be secure.

 

The services

11. DesignDelivery offers design services based on design packages and promotional offers displayed on the DesignDelivery website. The client pays for studio time and not for a specific result, such that when a client decides not to use a specific design, but the design has been made available in the client area, the performance of DesignDelivery will be considered to be completed.

12. DesignDelivery also offers print handling as a service for such designs that may be printed, but only in relation with selected printing partners and subject to the terms and conditions described in this document.

 

Sales and Orders

Duty to review specifications

13. For online orders, details and specifications of the service will be displayed prior to placement of the order on the product page. You are requested to review these specifications to ensure that all details, fees, payment and any other terms are acceptable.

14. For bespoke quotations you are expected to review the quotation and these business terms to better understand what is included with the service. Clients should ask if there is anything they are unsure about with regards to what is included with the service.

All sales are final

15. All sales are final. Prices for services offered via the website may change at any time, and the services do not provide price protection or refunds in the event of a price reduction or promotional offering. If a package becomes unavailable following a transaction, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is a refund of the price paid, subject to the refund policy.

Payment

16. You are to make the payment via online medium in full beforehand for the rendered design services and work on your project starts right after payment confirmation and after you have sent the design brief within your client area. This applies to design packages as well as additional services that may be requested by the client during the execution of any design project.

Delays in payment

17. If you do not pay our bill within the specified time, interest will be charged on a daily basis at the rate of 8% per year and we may also be entitled to:

  • recover any costs we incur in collecting the overdue amount
  • do no further work for you until we are paid in full
  • retain all work until we are paid in full
  • reclaim any discounts on the work carried out that have been supplied on the agreement that payment must be made within the agreed timescales.

VAT & Taxes

18. The pricing plans you view in the website packages are excluded of the VAT and taxes. VAT and taxes will be applicable as per the regional laws.

 

Materials on the website

19. The materials appearing on the DesignDelivery web site could include technical, typographical, or photographic errors. DesignDelivery does not warrant that any of the materials on its web site are accurate, complete, or current. DesignDelivery may make changes to the materials contained on its web site at any time without notice. DesignDelivery does not, however, make any commitment to update the materials.

20. Samples featured in any of DesignDelivery’s online portfolios are selected to show a diversity of styles and may not represent the final version of any given design as selected by our clients.

21. Certain logos are featured on this website that are intended to represent the company to which they refer and may not directly represent our own work. For example payment icons, logos presented for services used by DesignDelivery and company logos used within graphic design projects that may have been created by another designer.

22. DesignDelivery reserves the right to change or remove (temporarily or permanently) this website or any part of it without notice. DesignDelivery shall not be liable to an individual, business or company for any such change or removal.

 

Color schemes and file formats

Color Schemes

23. Different color schemes are to be used for different purposes.

The Company uses two color schemes as CMYK Colors and RGB Colors. CMYK is a 4-color process printing method and it is generally used in household and offices printers. RGB color is particularly designed to be used for on-screen display and it is only suitable for digital presentation.

24. The Company deals with all these color schemes and you can intentionally choose any one as per your requirement in the design brief. By default, your design will be made using the color scheme specified in the product page and it is your duty to check that this is in accordance with the purposes of your design.

25. If we create a design in one color scheme based on your instruction in the design brief, or if you have not instructed us to use one particular color scheme, a later change of the color scheme for that design is only possible for an extra fee.

26. When you are approving your logo on the computer monitor, you are only approving RGB colors. Computer screens can only reproduce RGB colors and only simulate other color modes. We do our best to match RGB colors on our computer screen to CMYK, but it is physically impossible to find an exact match. When we convert your files into different color modes (CMYK, Pantone) we hold no responsibility for matching exactly your approved RGB colors. It is the clients’ responsibility to double-check and make sure the printer gets the right color. Furthermore when printing in CMYK process the printed colors may vary. This is due to a non standardized color pallet used by printers, and calibration of the machine. Therefore DesignDelivery is removing all the responsibilities for the outcome of the printing quality and colors.

File Formats

27. DesignDelivery sends the final designs with source files in the formats specified in the product page of each product. Additional or different file formats are only provided upon request and may be subject to an additional fee as specified under the special fees table.

 

 

Client supplied material and ideas

28. You agree that any digital material, including but not limited to, images, photographs, artwork, media, graphics, text, ideas and illustrations supplied by you for inclusion, incorporation and/or addition into the designs, before or during a project, are you property, or that you have taken the necessary steps to acquire permission of the legal copyright and/or trademark holder. You agree to supply DesignDelivery this permission, in writing, if requested.

29. You also agree to indemnify DesignDelivery in the case that materials or ideas supplied by you are found to be infringing on the copyright, trademark or intellectual property claims of the legal owner of this material.

30. DesignDelivery reserves the right to refuse to incorporate artwork and/or other media supplied by you, if it is DesignDelivery’s belief that use of such material is contrary to copyright law and you will not submit proof of ownership and/or permission or a specific waiver and indemnity for use of said material.

It is not the duty of DesignDelivery to check any of the materials you supply for copyrights.

DesignDelivery holds no responsibility for retraced images.

 

Copyright

31. On DesignDelivery receiving the final payment for a design in full and the client approving one design as final, the copyright to the design is automatically transferred to the client.

32. DesignDelivery retains the right to display designs created by our studio in our portfolio.

33. All work supplied by DesignDelivery is believed to constitute original work, and is prepared in good faith that it does not infringe the rights of any other party. DesignDelivery cannot provide an absolute guarantee that any specific works do not infringe upon existing third-party rights, inadvertently, by coincidence or otherwise. DesignDelivery is unable to guarantee that any work supplied to the client is suitable for any particular purpose and would strongly recommend that the client conduct relevant research prior to the approval or use of any prepared work.

34. All preliminary work and materials produced by DesignDelivery for the purposes of developing any work remain the sole property of DesignDelivery (excluding any incorporated materials supplied by the client).

35. Any unauthorized usage of copyrighted materials created by DesignDelivery will be actively pursued through legal channels.

36. By approving any final work whether verbally or in writing, the client assumes all responsibility for the subsequent usage of the chosen work.

37. DesignDelivery retains the right to re-use or sell any original material that does not form part of any final approved work.

38. DesignDelivery does not file a trademark application with respect to the logos designed for the client. The client is free to register as a trademark the logo design created for it by DesignDelivery, but DesignDelivery does not offer any guarantee that the designs supplied will be granted a trademark.

In the event that payment for any design is not made in accordance with the payment policies of DesignDelivery  then all of client's rights in and to the logo design created for it, including any trademark property, will immediately revert back to DesignDelivery.

39. We retain copyright and ownership of all other Intellectual Property Rights in all the models, questionnaire and papers we produce in carrying out your project. You may not replicate or reuse any of our models without our written permission.

 

Refunds

Refunds will be considered under certain conditions.

Refunds before work commences

40. The client will receive a refund subject to the limitations set out in this paragraph, if the order is cancelled by the client before work has commenced. It is assumed that work has commenced once the design brief has been sent by the client from the client area available on the DesignDelivery website. Refunds before work has commenced, will be offered in full minus a processing fee of £25. If an order is refused by DesignDelivery before work commences, the refund will be made in full, without the processing fee.

Refunds after work has commenced

41. If the client cancels an order after work has commenced, but before design work has been presented in the client area, the client is entitled to a refund of up to 50% of the amount paid for the project subject to the limitations explained in this paragraph. DesignDelivery has full discretion to set the amount to be refunded, based on the amount of work already performed. The refund amount determined in percentage points, will be reduced by a refund processing fee of £25. If the project is cancelled by DesignDelivery and not by the client, the refund processing fee shall not be applied.

Refunds after design work has been presented

42. Following the presentation of any design work in the client area, no refunds will be considered.

Refunds for printing fees

43. Should you choose to appoint us to order prints for you, and then decide you do not wish us to order the prints for you anymore, you are eligible for a refund. However, a refund processing fee shall be applied. You may only request a refund for the printing fees, not for the design fees under this provision. You may only ask for a refund before you have approved the designs in the design process. You may not ask for a refund of the printing fees after you have approved a design in the design process.

Copyright in case of refunds

44. In the event of a full or partial refund confirmation, you will have no ownership rights of the delivered designs and will be bound not to use them in whatsoever situation and in any medium.

 

Delivery and project scope

Project Scope

45. No further changes in the project scope may be requested by you, after you submit the design brief. Such changes include, but are not limited to, company name and/or type of business. Such changes require a new order. Revisions of any design must be within the original scope of the project brief as submitted to DesignDelivery, prior to presentation of any design work. Any public publishing of designs that are not final and approved or revisions by you, is prohibited.

46. If the client fails to provide necessary feedback to DesignDelivery regarding any edits and/or revisions within 28 days, the project is considered to be completed and the client is not entitled to a refund.

47. Once a design has been approved as final, no more revisions can be requested, even if not all purchased revisions have been performed before the design has been approved as final.

48. If within a project several design variations are purchased and the client approves a design as final after less than the number of purchased variations have been presented, no more design variations will be performed. The client is not entitled to a refund for such revisions and design variations that have not been requested before a design has been approved as final.

Number of designs

49. We will create the number of design variations and revisions that you have ordered initially and for which you have supplied information within the design brief and feedback form respectively. Additional designs, design variations and revisions will be subject to an additional order. Given that design work has a degree of creativity and subjectivity, we will not be able to provide additional designs and revisions that were not included in the package, even if you believe that you will not be able to use the created designs.

Projects within projects

50. The scope of each design project is limited to the specific services and when one project includes different services, these have to be paid for individually. DesignDelivery reserves the right to determine when a service is out of the scope of the service packaged ordered, for example when a flyer design is ordered but the design brief also describes the creation of a logo. DesignDelivery reserves the right to refuse such orders.

 

Timeframe

51. As the number of revisions differs from order to order and revisions are subject to the feedback offered by the client, DesignDelivery cannot guarantee an absolute time frame for final delivery. However, initial designs will be delivered within the timeframe described in the product page  based on the time of the client submitting the design brief and work on revisions will commence within two business days after feedback has been received from the client.

Please note: the agency is closed for bank holidays and in the winter season starting the 22nd of December and ending the 5th of January. 

 

52. The prices quoted on the DesignDelivery website are promotional prices. These prices are for studio time. The promotional prices are based on volume business and therefore there may occasionally be small delays in the turnaround. The company will not be liable for any delays caused during the design process. Whilst every effort is made to ensure there are no delays, it is your responsibility to contact the company in the event that designs have not been received within the agreed timescales. The company will not be held responsible for delays caused due to non receipt of emails.

Delivery of files in client area

53. We deliver all final designs digitally in the client area. Your artwork will then be stored on our servers for six months before we archive the files. However, it is your responsibility to download the files and store a copy once they are available in the client area.

We keep all files for a maximum of one year.

Other forms of delivery

54. Final files can be delivered on a CD for a charge of £15.50 UK postage, £25.00 overseas when paid through the website. This service is only available prior to the files being archived.

55. The products will be your responsibility from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges if they apply.

 

Liability and warranty

56. Despite our best efforts we may make a mistake, by which we mean any breach of our duties to you. If we do, and are liable to compensate you, you agree that our liability is limited in the following respects:

57. It is the Company that is liable, not an individual partner or member of staff. You agree to make no claim against an individual except for fraud

58. Our maximum liability for any claim by you whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the work you have requested shall be limited to the price paid by you for our services (unless a different amount is agreed with you in writing)

59. Where any claim relates to a mistake made by us, this overall limit applies whether the mistake affects just one piece of work we do for you or several, so long as it is the same or a similar mistake

60. For the purpose of the overall limit, more than one mistake on a project or transaction is considered as one mistake.

61. We are liable for loss that we directly cause where that total liability does not exceed the total amount of the fees payable relating to the project in question. Otherwise we have no liability for any indirect or consequential loss or loss of anticipated profit or other benefit and shall not be liable for any of the following:

  • loss of profits; or
  • loss of business; or
  • depletion of goodwill and/or similar losses; or
  • loss of anticipated savings; or
  • loss of goods; or
  • loss of contract; or
  • loss of use; or
  • loss due to corruption of data or information; or
  • any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; or
  • any damages paid by you or loss suffered by you arising out of any allegation or claim that any Input Material breaches any Intellectual Property Right;

62. We are not liable to the extent that our mistake results from something you do or fail to do (such as giving us the wrong information, not giving us information at the time we ask for it or failing to supply appropriate input materials or sufficient information in the design brief).

63. If others are also responsible for your loss, our liability is limited to our fair share, whether or not you are able to recover the rest from the others.

64. Notwithstanding the references to mistakes the above exclusions and limitations apply to our entire financial liability (including any liability for the acts or omissions of employees, agents, consultants, and subcontractors) to the Customer in respect of:

  • any breach of this contract;
  • any use made by you of our services, the documents produced by us in connection with our services or any part of them; and
  • any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the contract.

65. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this contract.

66. Nothing in these Conditions limits or excludes our liability:

  • for death or personal injury resulting from negligence; or
  • for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.

 

Design credits

67. Design Credits have no cash value and can only be utilized towards a design project by DesignDelivery on new design projects or as a credit that can be subtracted from the total charges of a design project. Any credit must be used within 6(six) months of it being awarded. Please note – due to copyright and ownership protocols, any remaining balance of a project must be paid before any additional work, project or design containing finalized design can be initiated, including additional design work that is included in the package ordered.

68. No design credits or vouchers can be used for printing services as these services are provided through a printing partner.

 

Ending our relationship

69. You may ask us to stop work on your project at any time. If so, please confirm that in writing. We may choose to stop acting for you, but only if we have good reason to do so. For example, if you continually do not give us clear and constructive feedback, do not make a payment when due or when you have not been in contact for more than 30 days without agreeing with us first in writing. If we stop working for you, we are still entitled to be paid for what we have done, and may keep your work until we have been paid.

 

Design Process

70. In short the design process is as follows: after you make payment, you fill in the design brief in your client area and send it to us. We will commence work once payment and the design brief have been received and then make the designs available in your client area. Depending on the design package you have purchased you can give us feedback to make additional design variations or revisions of one design variation. Once you are satisfied with one design, or you decide that you do not want to order additional revisions or design variations, you can choose to accept one design as final. The files for this design will then be made available in your client area for you to download. Should you have ordered print handling through DesignDelivery, you will have to approve the print files again before they are sent to our printing partner. Once we have received your confirmation we send the files to our printing partner where they are processed and shipped to you according to their terms and conditions.

71. You will provide DesignDelivery with clear specifications pertaining to the design requirements. DesignDelivery sends the initial design concepts to you when at least one or more concepts are ready. The purpose is to have you make comments and suggestions and keep you involved in the design process.

72. The process of finalization starts from the very first review of the initial design and you can count revisions and redraws as parts of design finalization process. The designs at any stage are delivered in digital format only and made available to you in your client area.

73. Feedback provided in relation to the design must be clear and constructive. It must be sent via the client area; we are happy to discuss changes over the phone once the instructions have been received in the client area.

74. Only confirmation within the client area to sign off/approve the design will be accepted. Once a design has been signed off as final, the design will be considered to be complete and any further changes will be chargeable.

75. We reserve the right to charge extra where:

  • the brief changes substantially from the original, this includes but is not limited to change of name, after making changes to the initial brief, requesting a complete new set of designs based on new feedback.
  • you request to finalize more than one design.
  • request is made to speak to a member of the design team.
  • you request services or additions to the original design that have not been agreed before.

Additional services, revisions and changes

76. Services that are outside the scope of the ordered design package will be billed separately. When you request such services, or when you request additional design variations, revisions and changes that are not included in the design package you purchased, you will be instructed of the price for this additional work and if you want us to perform it, you will have to pay for it before we start work. You may decide not to order these additional services, but the impact of this on the result of the design will be your responsibility.

Revisions cannot be used to extend the scope of the project, such as when within the feedback a client in fact describes a new design for the particular product.

 

Communication

77. The Account Area is a convenient way to communicate. It is your sole responsibility to check the account area to address any queries, concerns, or additional instructions required by DesignDelivery as well as to submit the design brief for commencement of work. Not checking or using the Account Area frequently shall not provide you adequate grounds for a refund. However, if you are uncertain how to use the area, you may contact the customer support team at any time for assistance.

78. Information, notifications and requests sent by you using other means than the client area (for example telephone, mail or email) will not be taken to be relevant. It is your duty to ensure that only you or the personnel you authorize use the client area. All communication coming in through the client area will be deemed to have originated from you. 

 

Design instructions

79. The design instructions are created based on the information you supply in the design brief or the feedback sections when reviewing a design. It is your responsibility to provide clear, straightforward and unambiguous information. DesignDelivery cannot be held liable in any way for your dissatisfaction with designs when they have been created based on incomplete, false or ambiguous information or instructions you supplied.

80. DesignDelivery may ask you for clarification or additional information and in this case you must provide it before work on a project can continue. DesignDelivery cannot be held liable for delays to delivery times that result from such additional information being requested. DesignDelivery also reserves the right to send a design brief back to you to provide additional information before commencing work based on such brief. However, the commencement of work based on a design brief does not represent a statement by DesignDelivery that you have provided sufficient, clear or unambiguous information in your design brief.

 

Printing

81. To simplify the production or your promotional materials, we offer you the possibility of ordering the design through us and also appointing us to purchase printing for you. When you purchase printing through us, you appoint us to act on your behalf and order the printing of the design files from our print partner. You may choose not to appoint us to print designs for you and handle printing yourself.

82. We are not responsible for print errors. If you choose to use us to print you will receive a digital proof which must be agreed before print commences. If you print with another company it is between yourselves to agree a proof. Colors differ on screen and in print, you may provide us with pantone or CMYK references at the beginning of the order and we will happily use them. Some printers require specific artwork to be supplied, if you do not plan to use us for print please send us artwork specifications for your chosen printer before we start the design process, otherwise further costs may be charged if we have to make changes after final files have been sent.

83. When acting on your behalf in relation with our printing partner, we will strive to initiate printing as quickly as possible. However, we cannot guarantee any deadlines and will not be held responsible for any delays.

84. Should you choose to appoint us to order prints for you, and then decide you do not wish us to order the prints for you anymore, you are eligible for a refund. However, a refund processing fee of £45 shall be applied. You may only request a refund for the printing fees, not for the design fees under this provision. You may only ask for a refund before you have approved the designs in the design process. You may not ask for a refund of the printing fees after you have approved a design in the design process.