boom graphic design & marketing
terms & conditions
The terms & conditions below apply to all graphic design & marketing services provided by boom graphic design & marketing to the “Customer”. For the purposes of these terms & conditions, “the Customer” means the person or company who commissions the services of boom graphic design & marketing “the Company”. By commissioning the Company to undertake work “the project” on their behalf, the Customer agrees to these terms and conditions of trading.
All projects, services or goods that the Company may be contracted to produce or provide for the Customer will be subject to the following:
It is not necessary for any Customer to have signed an acceptance of these terms and conditions for them to apply. If a customer accepts a quote, they will be deemed to have accepted these terms & conditions in full.
2. Fees & Charges
The Customer will receive a quote, outlining the project specifications and estimated fees in order for us to complete the project. Some projects may require a 50% deposit of the total fee payable immediately on acceptance of our quotation. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses.
We will begin work upon the Customer’s written or oral approval of the quote and cleared payment of any agreed upfront fees. This will constitute an agreement between us and of the terms & conditions on this page. The Customer agrees to pay the Company in accordance with the terms specified in each quote or invoice. Our standard payment terms are 14 days. Quotes are valid for 30 days from the date on the estimate. Where a written estimate is not received or necessary, we will charge for time spent on any project at our current hourly rate, which is available upon request, once we receive Customer’s written or oral approval to commence work. The Company’s charges and hourly rates are subject to change without notice, outside of any prior agreements.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the work has been started and you terminate the contract through no fault of ours.
We reserve the right without notice to charge interest on past due balances at the statutory rate without prior agreement, as is our right, and at any rate agreed otherwise in any contract between the Company and the Customer. We reserve the right to refuse completion or delivery of work until past due balances are paid. The Customer shall pay the Company’s costs, charges and expenses directly or indirectly incurred in obtaining or otherwise enforcing payment of outstanding accounts. More information on Late Payment of Commercial Debts [Interest] Act 1998.
3. Revisions and alterations
Revisions and alterations on work requested by the Customer and performed by the Company after a quote has been approved is considered a revision or alteration. We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make changes to the original design specification.
If the project changes to an extent that substantially alters the specifications described in the original quote, we will submit a revised quotation to you, and a revised additional fee must be agreed to by both parties before further work proceeds.
Any files (proofs) submitted or re-submitted to a client should always be treated ‘as new’ and fully checked. The nature of artwork and design files means that all elements can be connected and therefore anything can be affected by a change. Any proofs we supply which are signed off by the Customer are expected and presumed to have been checked / read in their entirety – unless the Company or the Customer specifically states otherwise.
4.1 Approval of work
On completion of the work / approval of final proofs, the Customer will receive all relevant files, as agreed in the project specifications. You must notify us in writing of any unsatisfactory points within 7 days of receiving said files. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been accepted as approved and completed. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed, upon which any (balance of the) project fees will become due in accordance with our payment terms.
There are no exceptions to this, e.g. if the Customer decides they no longer require the design or service, as the quote has been accepted and possibly a deposit has been paid, the Customer will be obliged to pay for the work completed. Non-payment may result in legal action being taken. By paying the final invoice you also confirm that the project is 100% complete and accepted. Any amendments or alterations beyond this point will be charged at our standard hourly rate. Projects which are left uncompleted by a client for more than 1 month (30 days) without any reasonable progression or further instruction will be invoiced. The invoiced amount will be for the work completed thus far.
4.2 Rejected Work
If you reject any work within the 7-day review period, or not approve subsequent work performed by us to remedy any points raised as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
4.3 Errors and omissions
It is the Customer’s responsibility to check proofs carefully for accuracy in all respects, including but not limited to prices, spelling, dimensions and distances. The Company is not liable for errors or omissions. The Customer’s signature or that of his authorised representative is required on return of all proofs or artwork or written confirmation via e-mail prior to release for printing or other implementation.
5. Nature of copy and property belonging to others
The Customer agrees to exercise due diligence in its direction to the Company regarding preparation of materials and must be able to substantiate all claims and representations. The Customer is responsible for all trademark, copyright and patent infringement clearances and is responsible for arranging, prior to publication, any necessary legal clearances, licenses, usage or royalty payments.
6. Exclusion of liability
Under no circumstances whatever shall the Company be liable for losses special to the particular circumstances of the Customer, indirect or consequential loss including loss of profits, damage to property or wasted expenditure. Without prejudice to the other provisions of these conditions, the Company’s liability shall not exceed the total of the contract fees for the project. The fees for any project are based on the assumption that the liability of the Company and Customer are as set out herein.
7. Overruns and underruns
Some printers’ terms enable them to deliver over or under the quantity ordered and to charge accordingly. In such cases the Customer will accept over runs or under runs that do not exceed +/- 10% of the quantity ordered and the Company will bill for the actual quantity delivered within this tolerance.
8. Copyright & Passing of Rights
The Customer retains the copyright to data, files and graphic logos provided by or created on behalf of the Customer, and grants boom graphic design & marketing the rights to use and publish such material in-line with project specifications. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting boom graphic design & marketing permission and rights for use of the same and agrees to indemnify and hold harmless boom graphic design & marketing from any and all claims resulting from the Customer’s negligence or inability to obtain proper copyright permissions. Acceptance of these terms & conditions will be regarded as a guarantee by the Customer to boom graphic design & marketing that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Once all fees due to us from you are paid and cleared, you are assigned the rights to use, as applicable, the files, products and services in accordance with these terms and conditions.
When a project has been designed or a marketing campaign completed, the original files created are supplied to the Customer along with any agreed file variations for use across different media. The Customer is free to use said files as they wish or take it elsewhere.
Boom graphic design & marketing reserve the right as the designer to use any design or logo in its own promotions, as it chooses. Equally boom graphic design & marketing reserve the right to disassociate from the design once it’s been amended or adjusted by a third party.
No such rights as described above will pass to the Customer until all fees due to us from you are paid, meaning we will have a lien over any design, service, product, data or information. If you have not paid the invoice in full within 2 months from the date of the invoice you agree you will forfeit your rights.
9. Force majeure
Production schedules, storage of files and property belonging to the Customer will be established and adhered to by both Customer and the Company, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, industrial dispute or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Customer or the Company. Where production schedules are not adhered to by the Customer, final delivery date or dates will be adjusted accordingly.
10. Governing Law
The vailidity and enforceability of this agreement will be governed by the laws of England. Failure by the Company to enforce any of these conditions shall not be construed as a waiver of that condition or any other condition.
If any provision of this agreement is held invalid or unenforceable, the remainder of this agreement shall remain in full force and effect. Where possible the invalid or unenforceable provision shall be interpreted in such manner as to be effective and valid under applicable law.
Headings and numbering used in this agreement are for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of this agreement, and shall not have any legal effect.
Complete Agreement: This agreement is the entire understanding of the parties and supersedes all prior understandings and documents relating to the subject matter of this Agreement.