Sometimes our projects may require a contract and terms of ownership, below are a general guide to the terms and conditions you submit to on contracting work from us.
The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Kathleen Chagall Design.
All design work is carried out by Kathleen Chagall Design on the understanding that the client has agreed to abide by Kathleen Chagall Design’s terms and conditions.
Copyright of all graphic design work is retained by Kathleen Chagall Design including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by Kathleen Chagall Design as fulfilling the contract. All other artwork designs remain the property of Kathleen Chagall Design unless agreed in writing.
Fees for design services to be provided by Kathleen Chagall Design 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 on projects worth over 200.00 euros. Work on the project will not commence until Kathleen Chagall Design has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design will be made known to the client. They will become fully payable at the time of project acceptance.
The client will be asked to provide artwork sign off before being issued an invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charge of 8%.
Payments may be made by Bacs, cheque, or previously agreed electronic funds transfer.
Returned cheques will incur an additional fee of 50 euro per returned cheque. Kathleen Chagall 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. Kathleen Chagall Design shall be considered entitled to remove Kathleen Chagall Design’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 Kathleen Chagall 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 Kathleen Chagall Design for inclusion in the customer’s brochure or other mediums, 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 Kathleen Chagall Design on behalf of the customer, will remain the property of Kathleen Chagall Design and/or it’s suppliers, in which full copyright will be passed to the client upon receipt of full payment.
By supplying images, text, or any other data to Kathleen Chagall Design, the customer grants Kathleen Chagall Design permission to use this material freely in the pursuit of the design and to utilise the designs in Kathleen Chagall Design’s portfolio unless agreed otherwise.
Should Kathleen Chagall Design, 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 Kathleen Chagall Design to remove and/or replace the file.
The customer agrees to fully indemnify and hold Kathleen Chagall Design 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.
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 Kathleen Chagall Design holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Kathleen Chagall 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 Kathleen Chagall Design and any of its 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. Kathleen Chagall Design will not be held responsible for any and all damages resulting from such claims. Kathleen Chagall Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Kathleen Chagall Design responsible for any such loss or damage. Any claim against Kathleen Chagall Design shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Kathleen Chagall Design’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Kathleen Chagall Design in electronic format as standard text (.txt), MS Word (.doc) or, via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Kathleen Chagall Design. Images must be of a quality suitable for use without any subsequent image processing, and Kathleen Chagall Design will not be held responsible for any image quality which the client later deems to be unacceptable. Kathleen Chagall 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.
Design Project Duration
Any indication given by Kathleen Chagall Design of a design project’s duration is to be considered by the customer to be an estimation. Kathleen Chagall Design cannot be held responsible for any project over-runs, whatever the cause.
Design Project Completion
Kathleen Chagall Design considers the design project complete upon receipt of the customer’s sign off.
Rights of Refusal
Kathleen Chagall Design will not include in its designs, any text, images or other data which it deems to be offensive, abusive or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Kathleen Chagall Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Kathleen Chagall Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Kathleen Chagall Design to remove the contravention without hindrance, or penalty. Kathleen Chagall Design is to be held in no way responsible for any such data being included.
Cancellation and Rights of Recission
Cancellation of orders may be made initially by telephone contact, or email, however, following this, Kathleen Chagall Design will need formal notification in writing to the company’s email 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 Kathleen Chagall Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Kathleen Chagall Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Kathleen Chagall Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Kathleen Chagall 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 customer agrees not to hold Kathleen Chagall Design responsible for any such loss or damage. Any claim against Kathleen Chagall Design shall be limited to the relevant fee(s) paid by the customer.
Kathleen Chagall 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. Kathleen Chagall Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Kathleen Chagall 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. Kathleen Chagall Design recommends 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.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Kathleen Chagall Design 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 Kathleen Chagall Design and validated by the customer’s signature on the estimate or quotation, 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 Kathleen Chagall Design.