Most design projects run very smoothly. However, from time to time, something might go wrong, and it’s important that we have an understanding of how to deal with that. Terms and conditions are designed to ensure that both parties are protected from any unexpected circumstances.
By accepting a quote, you are considered to have accepted these terms and conditions in full.
1. Introduction
1.1 These terms and conditions of business (“the terms”) govern every contract made between New Leaf Design for the supply of graphic design, illustration, printing or goods and services to any person, firm, charity or company (“the client”).
1.2 The terms prevail over any written terms and conditions of the client.
1.3 Any variation to the terms must be agreed in writing by New Leaf Design.
1.4 All contracts between New Leaf Design and the client will be governed by English law
and the parties agree to submit to the exclusive jurisdiction of the English courts.
2. Price and payment
2.1 The client will pay New Leaf Design a fixed fee or current hourly or daily rate – whichever is
agreed at the time of instruction.
2.2 New Leaf Design may, at its discretion, invoice up to 50% of the total estimated fees and/or
costs in advance and New Leaf Design reserves the right not to commence work until this
has been settled.
2.3 New Leaf Design reserves the right to add interest to any account outstanding after 14 days up to the maximum permitted by legislation under the Late Payment of Commercial Debts [Interest] Act 1998. This will continue to increase daily for each day the invoice remains unpaid.
2.4 New Leaf Design will invoice the client after 30 days if feedback is not received to progress the clients project.
2.5 Invoices from New Leaf Design to the client for supply of goods or services should be paid in full within 14 days of the invoice date, by BACs or cheque.
2.6 New Leaf Design reserve the right NOT to release final files until payment has cleared through its bank.
2.7 New Leaf Design bank account details as follows:
Bank: Starling Bank
Sort Code: 60-83-71
Account number: 76727214
IBAN: GB43SRLG60837176727214
Swift/BIC: SRLGGB2L
2.8 The client will pay any expenses incurred by New Leaf Design in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
3. Briefing
3.1 Briefs for work must be given in writing wherever possible to New Leaf Design by the client.
3.2 Not withstanding clause 3.1, if New Leaf Design accepts a verbal order from the client New Leaf Design will not be held responsible for any mistakes (made by either party) arising from that verbal order.
3.3 The Client shall be solely responsible for providing New Leaf Design with all the necessary information concerning its goods, services, business and its market, which are relevant to the job commissioned. The Client accepts that its knowledge and experience in its industry sector is vital to the brief and New Leaf Design shall not be responsible for any shortcomings in such information.
4. Quotes
4.1 All fixed fee quotes given by New Leaf Design will be valid for 30 days from the date of estimate.
4.2 If the client’s final order changes from the original specification made for the quotation, New Leaf Design reserves the right to update the quote or update the amount of the final invoice. This will always be discussed with the client prior to invoicing.
4.3 Fixed fee quotes assume that there will be a maximum of two sets of amendments/corrections for all work. Excessive amendments (in excess of two sets of changes) will be charged out at our hourly rate of £40
5. Turnaround times
5.1 It is up to the client to set themselves realistic timescales for the production of graphic design and/or printed work. Certain elements of the creative process cannot always be fast tracked (such as printing).
5.2 Where quoted, turnaround times are normal target times only and New Leaf Design accepts no liability for failure to meet these times, but will always endeavour to do so.
5.3 Where a client misses a time critical deadline, such as supply of copy, proof-reading or sign-off, this may result in their work missing printing slots booked on a client’s behalf. This could result in missed delivery deadlines. We will endeavour to minimise the adverse impact of missed deadlines – but the onus is on the client to meet agreed deadlines in the first place.
6. Colour and proofing
6.1 Clients need to be aware that when undertaking full colour printing using the CMYK printing system, it is difficult to guarantee exact colour matches with reference to Pantone colour numbers.
6.2 Clients are advised that pdf proofs, when viewed on screen or printed off, are not 100% colour accurate and there may be some variation in tone due to lighting effects, paper specification etc.
6.3 As a matter of course, the cost of 100% accurate printer’s wet proofs are not included in New Leaf Design’s quotes. To guarantee absolute piece of mind in respect of colour and picture quality, New Leaf Design advises clients to allow the time and budget to enable full colour proofs in respect of landmark documents. Wet proofs should be requested when the artwork is signed off.
7. Copyright, moral rights and consents
7.1 New Leaf Design claims no copyright in material submitted to me for the purposes of fulfilling the clients instruction.
7.2 The client warrants that the client owns or controls all rights, has obtained all copyright, or has permissions, consents and waivers that as are now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by New Leaf Design.
7.3 The client also warrants that no copyright or moral rights will be infringed by New Leaf Design carrying out the requested work.
7.4 The client agrees to indemnify New Leaf Design against all losses, damages, claims or expenses which New Leaf Design may incur by virtue of any breach of the above warranties.
7.5 Clients should obtain the consent of any adult or, in the case of children, from the guardian or parent of the child, for the use, reproduction and/or printing of any photograph featuring that person. New Leaf Design cannot be held liable for any infringement of privacy, or any damages arising from, the use of such photographs.
7.6 Where the client commissions New Leaf Design to source photography in the form of an original photo shoot or from an Image Stock Library Company, New Leaf Design can advise on the copyright of this material should the client wish.
7.7 Costs for stock photography/illustration and/or photographic shoots are never included in a quotation for design work unless specifically stated. These will always be quoted for separately if commissioned.
7.8 Where advertising, photography, artwork or design has been commissioned, the parties agree that copyright for all work carried out is retained by New Leaf Design. Once New Leaf Design has received payment in cleared funds, the reproduction and publication rights shall transfer to the Client
8. Liability
8.1 The client must contact New Leaf Design, concerning the details of any New Leaf Design invoice, or any complaint, within 7 days of the date of the invoice.
8.2 Where it is mutually agreed that sub-standard work should be reprinted in whole or part, the client should arrange for all items to be returned, completely in unopened boxes.
8.3 The use by the client of any items which he/she regards as sub-standard will be deemed by New Leaf Design as acceptance by the client that the item is fit for use and full repayment will be expected.
8.4 New Leaf Design’s liability to the client or any other party for the loss including theft, or destruction or damage to any materials provided by the client which are deposited with New Leaf Design for whatever reason;-
8.4.1 Will be limited to the replacement cost of the actual material and;
8.4.2 New Leaf Design will not be liable for the cost of reshooting or reprinting the material contained on the material and;
8.4.3 New Leaf Design will not be liable for any loss or damage to the client or any other party including loss of income and;
8.4.4 It is the clients responsibility to insure against such loss and damage.
8.5 New Leaf Design will not be liable for failing to complete any contract between New Leaf Design and the client due to circumstances beyond New Leaf Design’s control including loss of power supply, machine breakdown, loss of materials, fire or flood.
9. Discounts
9.1 It is not the general policy of the company to give discounts, refunds or partial refunds, unless discussed specifically with the client.
10. Cancellation of Contract
10.1 The Client may cancel a contract at any time and simply remains responsible for the payment of all work up to the date of cancellation as well as for any forward bookings which cannot be cancelled or otherwise utilised.
11. Privacy and Non-disclosure policy
11.1 Any personal and corporate information you provide New Leaf Design with, is used to enable New Leaf Design to fulfil your order or enquiry and to help improve the service to you. This may include informing you of any product, service or information in the future, that may be of interest to you. We do not share any of your personal information with any other party.
11.2 New Leaf Design agrees not to use any Confidential Information disclosed to it by the client for its own use of for any purpose other then to carry out discussions concerning, and the undertaking of the project. New Leaf Design will not disclose any Confidential Information of the Company to parties outside the Relationship. New Leaf Design agrees that it will take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the Company in order to prevent it from falling into the public domain or the possession of persons other than those persons authorised under this Agreement to have any such information.
12. Publicity and examples
12.1 Once the services are in the public domain and have been paid for by the Client, New Leaf Design shall have rights of reasonable publicity to share the work, for the purposes of self-promotion on the New Leaf Design website and social media platforms, unless the Client expressly disagrees.
Updated July 2022