Terms and Conditions

Below are childsdesign website t&c’s for the use of our website and for engagement. These t&c’s are relevant to all of our services be it design, email marketing, social media, SEO, design for publishing, copywriting, marketing, photography or any other service we may offer. These form the basis of our terms and conditions agreement.

1. SCOPE

• These standard terms apply to the supply of all services and products by childsdesign, unless we otherwise agree in writing.

2. AGENCY

• We accept orders and instructions only on the basis that those instructing us do so as principals and are liable directly to us for payment of our account.

3. TERMS AND CONDITIONS OF USE OF THIRD PARTY CONTRACTORS

• We may, as your agent, directly or through an intermediary ask another contractor (“Third Party Contractor”) to carry out some or all of any work which you instruct us to carry out for you.
• We shall pay the charges of Third Party Contractors on your behalf and recharge them to you with our own fees.
  We will take all reasonable care in selecting and instructing a Third Party Contractor.
• However, we have no control over the activities of a Third Party Contractor and, therefore, accept no responsibility for the services provided to you by that Third Party Contractor or for any errors or omissions in its work or products.

4. TERMS AND CONDITIONS OF ADEQUACY OF INSTRUCTION

• Our services are provided on the basis that we are supplied with all proper, necessary and timely instructions, and that all authority and information supplied enables us to undertake lawfully and effectively the business instructed and that those instructing indemnify us accordingly.
• childsdesign reserves the right to make additional charges in respect of all costs and expenses incurred beyond normal allowance i.e. supplied copy not being clear and legible, author’s corrections or other work not being specified in the quotation, overtime worked by childsdesign or sub-contractors, use of fax, couriers, etc., additional deliveries, packing or mailing.
• childsdesign may reject any paper, discs or other materials supplied by the customer which are deemed to be unsuitable, unsafe, and corrupt or may contain computer viruses –any additional costs incurred by the use of these materials must be met by the customer.

5. TERMS AND CONDITIONS OF COPYRIGHT AND PUBLICATION

• We accept material for printing and/or publication online and offline on the basis that those submitting the material are responsible for ensuring it is free from defamatory matter and does not infringe copyright or any third party rights, and that those instructing us indemnify us accordingly.
• All copyright to any work created or produced by childsdesign, be it concept, quote, design, artwork, text, image, photography, presentation, printed, online or otherwise remain the copyright of childsdesign until payment has been received in full – please see 8. Conditions of Payment for further details on our copyright and copyright infringement.

6. TERMS AND CONDITIONS OF THIRD PARTY RELIANCE

• Our services are provided solely for the use of our client and that client’s own client on whose behalf the work has been commissioned and shall not be used or relied upon by any other third party.

7. TERMS AND CONDITIONS OF DELIVERY OF PRODUCTS OR SERVICES

• Products are delivered by post, email or in person, unless otherwise stated – all costs for delivery must be met and will be charged at cost. Services are provided using reasonable skill and care.

8. TERMS AND CONDITIONS OF PAYMENT

• We may require cleared payment in advance before providing any goods or services.
• Where we have agreed credit terms for you our invoices are due for payment 7 days from their date or on or before any agreed payment date.
• All payment terms are strictly 7 days.
• All payments must be received 7 days from invoice date.
• childsdesign reserves the statutory right to claim interest on late payment at a rate of 4% above the Bank of England base lending rate on payments unpaid within 7 days of payment due date.
• Under late payment legislations childsdesign reserves the right to claim costs for the recovery of late payments.
• All services, intellectual, digital and analogue or otherwise are protected by copyright until payment has been received in full.
• childsdesign reserves the right to charge an additional copyright infringement charge of £3500+vat for any goods or services provided that have been used, forwarded or distributed by the named individual/company invoiced – this copyright infringement charge applies to each individual item listed on invoice – £3500+vat will be the minimum copyright infringement claim on any one outstanding invoice.
• Upon full cleared payments all copyright (where agreed) for the works completed will become yours with the exception of – 15. USE OF WORK FOR SELF PROMOTION. childsdesign reserves the right to suspend work on any job until any outstanding payments are made and the customer will pay any additional costs that it may have incurred because of this suspension.

9. TERMS AND CONDITIONS OF NON-COMPLETION OF SERVICES

• Where you instruct us to undertake any service, you will be responsible for our costs in providing the service whether or not it proceeds to its conclusion.

10. TERMS AND CONDITIONS OF LIABILITY AND INSURANCE

• We accept no liability for loss or damage (direct, indirect or consequential) including all loss of profit or business arising out of any single claim, event, or series of related claims or events (including claims based on negligence).
• The customer shall be responsible for affecting all necessary insurance in respect of any loss, damage or expense that it may suffer directly in relation to the provision or non-provision of goods and service.

11. TERMS AND CONDITIONS OF PRIVACY POLICY AND DATA PROTECTION

• childsdesign will use personal information we hold about you to provide our services and products to you.
• We may only share your information with staff, clients, or other specialists’ networks with the sole purpose of completing your order or transaction. In order to provide services to you, we may be required to pass your personal information to parties located outside of the European Economic Area in countries which do not have data protection laws equivalent to those in the UK.
• Where this is the case, we will take reasonable steps to ensure the privacy of your information.
• Except in the situations listed above, or as required or allowed by law or other regulation, we will not pass, disclose, rent or sell your personal information (other than any personal information which is already publicly available) to any third party without your prior consent.
• Any personal information that you submit to our website is similarly subject to the terms set out in this privacy policy.
• By submitting your personal information, you consent to becoming a registered user of our website, and to us using the details that you have provided within the terms set out in this privacy policy.
• We may use the information to help us understand more about how our site is used by visitors and to enhance our services to you.
• By submitting your personal information, you give consent for us to contact you from time to time for marketing, advertising and public relations purposes and for as long as necessary for the purposes of fulfilling our obligations to you.
• We may also periodically send out information updates to registered users of the childsdesign website.
• We make every effort to ensure the security of our systems.
• Unfortunately, no data transference or storage can be guaranteed to be 100% secure.
• As a result, while we strive to protect your personal information after we’ve received it, we cannot ensure or guarantee the security of the information.
• You have the right, by written request and on payment of a small fee, to a copy of any personal data (as defined in the Data Protection Act 1998) which we hold about you.

12. DUE DILIGENCE

• In certain circumstances, we are required by law to collect evidence of identity from our clients. If you fail to supply any due diligence which we request we will be unable to provide services to you.

13. CUSTOMER SERVICES

• If you are unhappy with any aspect of our service, please contact us directly.
• Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.

14. TERMS AND CONDITIONS OF QUOTATION AND COSTS

• Quotations are valid for 14 DAYS ONLY after the quotation date.
• After this time rates and prices quoted are liable to change, any discounts or reductions quoted may become invalid.
• VAT will be charged at current UK rate at time of billing.
• The quotation does not include any outside costs that may be incurred (for example: travel, photography, stock imagery, delivery or couriers).
• childsdesign reserves the right to charge additional fees for any work carried out over and above those quoted.
• Quotes on an hourly rate will be quoted at an hourly rate of £75 p/hr+VAT. (10:00am-4:30pm), overtime and unsociable hours are charged at other rates (to be agreed before this work commences).
• We will provide you with estimated timescale for progress and completion of work, and will use reasonable endeavours to meet those timescales (as long as you perform your obligations promptly).
• Any quoted dates or times are our best estimates only and we cannot guarantee that they will be met. In order for childsdesign to commence with any work connected with this quotation, we will require a written, signed and dated confirmation of your acceptance of the quotation, ’its terms and conditions.

15. TERMS AND CONDITIONS OF USE OF WORK FOR SELF PROMOTION

• We reserve the right to use any work we produce for the purpose of self-promotion.

16. TERMS AND CONDITIONS OF STORAGE OF DATA

• On completion, supply of goods, and upon full payment, childsdesign will not be responsible for the archival and storage of its clients data unless written agreements have been made to the contrary, whereupon a storage fee may be charged.

17. CHANGES TO TERMS AND CONDITIONS

• We reserve the right to make changes to these terms and conditions from time to time.

18. JURISDICTION

• Contracts between us will be concluded in the English language, and our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.

Terms and Conditions – May 2022 revision

Also see our privacy policy.