Emmy Designs | Terms & Conditions
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Terms & Conditions

The following Terms and Conditions of Service apply to all products and services provided by Emmy Designs

 

GENERAL

All work is carried out by Emmy Designs on the understanding that the client has agreed to Emmy Designs’ terms and conditions.

Copyright is retained by Emmy Designs on all creative design work including all illustrations and bespoke designs unless specifically released in writing and after all costs have been settled.

If a choice of design is presented, only one option is deemed to be given by Emmy Designs as fulfilling the contract. All other designs remain the property of Emmy Designs, unless agreed in writing that this arrangement has been changed.

 

Project acceptance

At the time of proposal, Emmy Designs will provide the client with a written estimate or quotation. The terms and conditions can be read on the Emmy Designs website.

The client may send an official order in reply to the estimate or quotation, or an email acknowledging acceptance of the quotation, which binds the client to accept Emmy Designs’ terms and conditions.

No work on a project will commence until acceptance of the quotation has been received by Emmy Designs.

 

Payment

Existing Designs: Clients will receive an invoice once finalised item quantities have been decided by the client. Full payment must then be made prior to the designs being sent to print.

Illustrated and Bespoke Designs: Clients will receive an invoice for the agreed design fee. This design fee must be paid in full prior to any design work commencing on the project. Another invoice will be issued at a later date once finalised item quantities have been decided by the client. Full payment of this invoice must then be made prior to the designs being sent to print.

Web Design: Depending on the size and complexity of the project, clients may be asked for payments to be made in stages, with a final settling payment to be made prior to the admin details being released to the client.

 

Copyrights and Trademarks

By supplying text, images and other data to Emmy Designs for inclusion in the client’s designs or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.

Any illustrations, designs, or text supplied and/or designed by Emmy Designs on behalf of the client, will remain the property of Emmy Designs and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988.

The client may request in writing from Emmy Designs the necessary permission to use materials (for which Emmy Designs holds the copyright) in forms other than for which it was originally supplied, and Emmy Designs may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforementioned illustrations, artwork, images, text, or other data to be used.

By supplying images, text, or any other data to Emmy Designs, the client grants Emmy Designs permission to use this material freely in the pursuit of the design.

Should Emmy Designs or the client 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 client will agree to allow Emmy Designs to remove and/or replace the file on the site.

The client agrees to fully indemnify and hold Emmy Designs 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.

 

Alterations

The client 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 client also agrees that Emmy Designs holds no responsibility for any amendments made by any third party before or after a design is published.

 

Licensing

Any design, illustration, idea or code created for the client by Emmy Designs, or any of its 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 Emmy Design.

All design work – where there is a risk that another party 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.

Emmy Designs will not be held responsible for any and all damages resulting from such claims. Emmy Designs is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Emmy Designs responsible for any such loss or damage. Any claim against Emmy Designs shall be limited to the relevant fee(s) paid by the client.

 

Rights of refusal

Emmy Designs will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal.

Emmy Designs also reserves the right to refuse to include submitted material without giving reason.

In the situation where any images and/or data that Emmy Designs does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the client is obliged to allow Emmy Designs to remove the contravention without hindrance, or penalty. Emmy Designs is to be held in no way responsible for any such data being included.

 

Cancellation

Cancellation of orders may be made initially by telephone contact or e-mail, however, following this, Emmy Designs will need formal notification in writing to the company’s postal address.

The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 21 days. Please note: any cancellation which is not formally confirmed in writing and received by Emmy Designs within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

 

Project duration

Any indication given by Emmy Designs of a project’s duration is to be considered by the client to be an estimate. Emmy Designs cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Emmy Designs for the initial payment or by date confirmed in writing by Emmy Designs.

 

Refunds, returns and reprints

It is not possible to return products for refund other than in the event of an order being produced to the wrong order specification or not to an acceptable standard. In either of these cases Emmy Designs may (at our discretion) reprint free of charge. Any errors in printing must be reported via e-mail to the following email address emma@emmydesigns.co.uk, please make sure to include your invoice/reference number in the subject line. In order to qualify for a full refund you will need to email Emmy Designs within 3 days of order receipt. Emmy Designs will also require you to return a sample or photographic evidence of the issue.

Emmy Designs will notify you of any refund due to you via email within a reasonable period of time and will usually process the refund due to you within 30 days of the day Emmy Designs confirmed to you that you were entitled to a refund. We will refund the price of a defective product in full, any applicable delivery charges, and any reasonable costs you incur on returning the item to Emmy Designs.

Emmy Designs recommends that prior to placing an order, a sample product is purchased. This allows you to assess the quality of any designs, materials used and printing standard.

If the packaging of your order has been damaged, please accept the material from the courier and write on the document provided that you have accepted the package subject to checking. Once you have verified damage has occurred to the material inside the package you must email emma@emmydesigns.co.uk with photographic evidence of the damage before a reprint/refund is issued.

 

Fees and additional costs

Fees shall be agreed prior to commencement of work and will be payable on invoice on our standard terms of 21 days. Failure to meet payment terms will result in withdrawal of design services by Emmy Designs.

Invoices will be subject to a 1.5% per month interest charge if payment is not made within 21 days.