General terms & conditions of business

The following terms and conditions refer to Erica Price Design (“the Designer”) and her relationship with “the Client” and potential clients. All work is carried out by the Designer on the understanding that the Client has agreed to the terms & conditions below:

Quote: The terms of the Quote shall be effective for 28 calendar days after presentation to the Client. In the event this agreement is not executed by the Client within the time identified, the Quote, together with any related terms and conditions and deliverables, may be subject to amendment, change or substitution.

Confidentiality: The Designer acknowledges that they may receive or have access to information which relates to the Client’s past, present or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. The Designer agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to the Designer before this Agreement is signed or afterward. Unless strict confidentiality is requested by the Client in advance of the establishment of this contract, the Designer can display materials and final work created for the Client on the Designer’s website and portfolio.

Work: The Designer agrees to produce project materials (“the Work”) at the request of the Client for fees agreed upon in advance and delivery of the Work by an agreed-upon deadline. The Designer agrees that they will be the sole author of the Work, which will be original work and free of plagiarism. The Designer will co-operate with the Client in editing and otherwise reviewing the Work prior to completion and delivery. Unless otherwise stated, photography, stock images, delivery and copywriting will be charged in addition to the quoted price.

Client responsibilities: The Client has full authority to provide and obtain all necessary information and approvals throughout this project. The Client and/or the Client’s subcontractors will provide accurate, complete and timely information and materials to the Designer. The Client guarantees that they have all the necessary rights and ownership in such materials to permit the Designer to use them for the project.

The Client agrees to provide all requested assets by the agreed date to ensure a timely start to the Work. If the required assets are not received by the agreed date, the Designer cannot be expected to meet the deadline for the Work as previously agreed upon, but will make every effort to complete the Work as close to the completion date as possible.

The Client will approve and proofread all final designs, type, press proofs and test sites. The Designer will make all efforts to ensure that no information is misrepresented. However, the Client assumes all responsibility for content.

The Client’s approval of all tangible materials and artwork will be assumed after the work has been submitted to the Client for review, unless the Client indicates otherwise in writing. In order to avoid errors, text changes and corrections will not be taken over the telephone and must be provided electronically. Any text with extensive changes must also be provided as marked up hard copy or a marked up PDF, indicating the revised text.

The Client will take full responsibility for ensuring that the company/product/name is legally free before work is started. Should any legal issue arise with the naming after the project has been completed, no refunds are possible and the Designer is not responsible for any problems thus arising. Name changes during a project can be exceptionally costly. The Client agrees to fully indemnify and hold the Designer free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and/or any other necessary permissions.

Should the Client supply text, artwork or images, the Designer is not obliged to edit, check or guarantee the correctness thereof in any way whatsoever, and the end product shall be made at the entire risk of the Client.

The Designer shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material supplied by, or having been agreed to be used on request of, the Client. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.

The Designer shall not be required to use, print, upload or hold any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of a third party.

Client approval: Upon acceptance of the Work, the Client accepts responsibility for any further processes in which this work is used (e.g. film outpost, printing, etc.) The Designer is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client.

Charges for other services: Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment: The Client agrees to pay the Designer 50% of the total project cost before any services are provided, and the remaining 50% to be paid within 28 days of invoice by BACS. All invoices are to be paid in GBP.

A monthly service charge of 8 percent may be charged on all overdue balances. Payments will be credited first to late payment charges and next to the unpaid balance. The Client shall be responsible for all collection or legal fees necessitated by lateness or default in payment. The Designer reserves the right to withhold the Work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full, including any outstanding Additional Costs, Taxes, Expenses, Fees, Charges, or the cost of Changes.

Cancellation: Both parties understand that the Client or the Designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written cancellation, the Client is responsible for payment of all expenses incurred, and any work done towards the completion of the project based on the percentage of the project completed that is determined by the Designer. Should the Client cancel the project following its completion, the Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, the Designer retains ownership of all copyrights and original work created. All payments received are not refundable in the event the project or the relationship is terminated for any reason.

Source files: The Designer will supply proof PDFs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request. Charges for design work do not cover the release of the Designer’s copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘release fee’.

Rate review: Rates are subject to review and adjustment upon 30 days’ written notice, based on changes in market conditions, increased expertise, or industry benchmarks.

Force majeure: Neither party shall be deemed in default of its obligations under this agreement nor shall be liable to the other to the extent that it is unable to perform any of its obligations by reason of any event or circumstance beyond its reasonable control.

Governing law/jurisdiction: This Agreement shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.

Acceptance of terms: The Client promises to pay for the services rendered by the Designer for the Work as agreed upon.