Terms of Business

Copyright of all design is – unless otherwise stated ­– retained by Julia Mills, Owner of JMD. All rights not expressly granted here are retained by JMD.

Designs are not to be copied, modified, reproduced, distributed, or published in any form without written permission from JMD.

The final design is deemed to fulfil the contract and grant of copyright is conditioned upon receipt of final payment. Copyright of all concepts and detailed designs is retained by JMD, unless agreed in writing.

JMD reserves the right to reproduce the final design for publicity and promotional purposes. The client will be credited where applicable.

Design Contract

Quotation

JMD will provide the client with a written quotation and estimated timescale for the design project based on the client’s brief. No design work will begin until the client has agreed in writing the quotation and the contract of agreement.

JMD includes 3 sets of revisions in the preliminary design phase. Additional fees will be mutually agreed for any revisions made thereafter, and for any additions or changes to the scope of the project.

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Cancellation

The client has the right to cancel at any time, but notice must be provided in writing. In the event of cancellation, JMD will be compensated for design services performed up to the date of cancellation, as a pro-rata percentage of the total project cost. Upon cancellation, all rights revert to JMD and all original materials must be returned.

The client will not incur charges if design work has not started.

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Licensing

All content including photographs, images, and text must be owned or licensed for use by the client. JMD is not responsible for any client breach of intellectual property rights, copyright or permissions. JMD will not be held responsible for any and all damages resulting from claims made against the client. The client agrees not to hold JMD responsible for any such loss or damage.

All design services provided by JMD for clients and their contractors, is licensed for use on a one-time only basis and may not be modified, re-used, or re-distributed without the written consent of JMD and any sub-contractors.

JMD is not responsible for any changes or amendments made by a third party, before or after the final design is published.

Content

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The client agrees to JMD’s definition of acceptable means of supplying content.

Text is to be supplied in electronic format as standard text (.txt), or MS Word (.doc).

Images must be supplied to a standard suitable for reproduction. JMD will not be held responsible for the quality of any images that the client later deems to be unacceptable.
 

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Credits

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The client agrees to allow JMD to place a small credit on printed materials, exhibition displays, advertisements and/or a link to JMD’s own website on the client’s website. This will usually be in the form of a small logo or line of text.

The client also agrees to allow JMD to showcase all designs on JMD’s own website and to use them for publicity purposes, unless agreed otherwise.

Approvals and Sign-off

The client is responsible for managing third-party relationships and must provide approvals and sign-off in writing.

JMD is not responsible for any issues relating to external suppliers, including any loss, or consequential loss, and non-delivery of products or services.

Any errors that come to light once the project has been signed off are the responsibility of the client.

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Payment

Payments may be made by Bacs, electronic funds transfer, or cash, within 30 days of the date on the invoice.

New clients will be required to pay 50% of the total project cost before design work begins.

All clients will be required to pay the balance in full upon sign-off of the final design.

JMD reserves the right to withhold the final design until full payment has been received.

The client is responsible for any bank charges incurred. Interest will be charged on late payments and an additional late payment penalty will be applied as follows:

Up to £999.99: £40

£1,000 to £9,999.99: £70

£10,000+: £100

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Confidentiality  

Any confidential information relating to the project should be submitted by the client in writing before the project starts.

JMD will protect any client information that relates to past, present, or future projects/proposals, contact lists, marketing strategies, and other proprietary information.

JMD retains the right to reproduce preliminary and final designs, unless strict confidentiality is requested in writing by the client.

Disclaimer

JMD makes no warranties of any kind, express or implied, and is not responsible for any and all damages resulting from the products and/or services supplied.

While robust checks of print and production materials are made regularly, JMD is not responsible for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold JMD responsible for any such loss or damage and any claim against JMD shall be limited to the relevant fee(s) paid by the client.

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JMD reserves the right to use the services of sub-contractors and suppliers and any work, content, and services is bound by their terms and conditions. JMD will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
 

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General

These Terms and Conditions supersede any previous terms and conditions distributed in any form. JMD reserves the right to change prices, and terms and conditions, at any time without prior notice. Pre-agreed design commissions will not be affected but subsequent commissions may be subject to change.

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Acceptance of Quotation and Terms and Conditions

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The client’s approval of JMD’s quotation for an order for design and/or any other services, constitutes acceptance to comply fully with all JMD’s Terms and Conditions, and forms the Contract for Agreement between the client and Julia Mills Design.