The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Dear Charlie (Stephanie Honey).

All design work is carried out by Dear Charlie on the understanding that the client has agreed to abide by Dear Charlie’s terms and conditions.

Copyright of all graphic design work is retained by Dear Charlie 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 Dear Charlie as fulfilling the contract. All other artwork designs remain the property of Dear Charlie unless agreed in writing.

Project Acceptance

At the time of proposal, DearCharlie will provide the customer with a written estimate or quotation by; post or email as requested.

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Dear Charlie by email or post. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Dear Charlie’s terms and conditions. No work on a project will commence until either document has been received by Dear Charlie.

Design Fees

Fees for design services to be provided by Dear Charlie, 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 nonrefundable deposit of 50% of the quoted fee will become immediately due on projects worth over £500.00. Work on the project will not commence until Dear Charlie has received this amount. Projects for first time customers are payable upfront prior to work commencing.

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.

Payment

The client will be asked to provided artwork sign off before being issued with 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% plus the Bank of England base rate per month of the outstanding amount.

Payments may be made by BACS, cheque, or previously agreed electronic funds transfer.

Returned cheques will incur an additional fee of £50 per returned cheque. DearCharlie reserves the right to consider an account to be in default in the event of a returned cheque.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Dear Charlie shall be considered entitled to remove Dear Charlie’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 Dear Charlie reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyright & Trademarks

By supplying text, images and other data to Dear Charlie for inclusion in the customer’s brochure or other medium, 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 DearCharlie on behalf of the customer, will remain the property of DearCharlie and/or its 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 Dear Charlie, the customer grants DearCharlie permission to use this material freely in the pursuit of the design and to utilise the designs in Dear Charlie’s portfolio unless agreed otherwise.

Should Dear Charlie, 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 Dear Charlie to remove and/or replace the file.

The customer agrees to fully indemnify and hold Dear Charlie 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.

Alterations

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 Dear Charlie holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by Dear Charlie, or any of it’s 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 Dear Charlie and any of it’s 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. Dear Charlie will not be held responsible for any and all damages resulting from such claims. Dear Charlie is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Dear Charlie responsible for any such loss or damage. Any claim against Dear Charlie shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to Dear Charlie’s definition of acceptable means of supplying data to the company.

Text is to be supplied to Dear Charlie in electronic format as standard text (.txt), MS Word (.doc) on a USB data stick, or via e-mail.

Images which are supplied in an electronic format, are to be provided in a format as prescribed by Dear Charlie via USB or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Dear Charlie will not be held responsible for any image quality which the client later deems to be unacceptable. Dear Charlie 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 Dear Charlie of a design project’s duration is to be considered by the customer to be an estimation. Dear Charlie cannot be held responsible for any project overruns, whatever the cause.

Design Project Competition

DearCharlie considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

Website Design Only

Once web design is complete, Dear Charlie will provide the customer with the opportunity to review the resulting work. Dear Charlie will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Dear Charlie by email or post.

Dear Charlie will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

Hosting Websites

Dear Charlie offers a limited hosting service through an out-sourced server. Dear Charlie does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Dear Charlie may request that clients change the type of hosting account used if that account is deemed by Dear Charlie to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for Dear Charlie’s hosting service are due at the commencement of any period of service and are nonrefundable. Fees due to third party hosting organisations are the responsibility of the client and Dear Charlie are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.

Disclaimer

Dear Charlie makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Dear Charlie will not be held responsible for any and all damages resulting from products and/or services it supplies. Dear Charlie 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 Dear Charlie responsible for any such loss or damage. Any claim against Dear Charlie shall be limited to the relevant fee(s) paid by the customer.

Dear Charlie 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. Dear Charlie will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Dear Charlie 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. Dear Charlie recommend 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. 

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Dear Charlie 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 Conditions

The placement of an order for design and/or any other services offered by Dear Charlie 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 Dear Charlie.