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Terms and Conditions
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics, images, samples, text. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trade marks reproduced in this website which are not the property of 459 design, or licensed to, the operator may not by acknowledged on the website.
Unauthorised use of this website and any protected work including imagery, text, graphics, audio and video may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s) and we can't be held responsible for both their content or their links in anyway.
You may not create a link to this website from another website or document without 459 design's prior consent.Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
If you supply personal information to us, we are legally bound by the Data Protection Act 1998 to ensure that such information is only used for the purpose for which it was requested and also to ensure that the data is held securely.
1.If you contact us through this website or to my email address, we will keep your emails and email address on file, and may use it to send you correspondence from 459 design. If you do not wish to receive further correspondence from us please inform us of this and we will cease this operation.
2.This website may include links to other sites, where the content is not controlled by us. We cannot be held responsible for the contents of such websites, or the privacy of data collected by third party websites.
3. We don’t, We will not rent or sell mailing details to any third party. We may occasionally send information about 459 design and other organisations whose work we support, but we will not at anytime (unless otherwise instructed by you, or a designated company representative) pass your details to these organisations.
Design Terms and Conditions
(a) For the purpose of this agreement 459 design Company and “the Client” shall where the context so admits include their respective assigners, sub-licensees and successor in title. In cases where the Design Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both 459 design Company and “the Client” shall be interpreted as references to the Design Client.
(b) For the purpose of this agreement the term ‘459 design’, '459 design Company' , ‘we’ or ‘us’ refers to 459 design Company. And shall where the context so admits include their respective assigners, sub-licensees and successor in title.
(c) “Idea's” and “Works” means all design material furnished by 459 design, whether transparencies, ideas, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.
(d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of 459 design are the only ones applicable.
(e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by 459 design.
(f) Where time is of the essence 459 design entirely at its own discretion may accept an instruction given orally, in this event the 459 design shall accept no liability for any error in executing the order.
(g) Unless 459 design is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.
(h) When a Client’s policy is not to rely on email confirmations, hard-copy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
(a) 459 design retains the entire copyright in the Ideas and Works at all times, throughout the World and Universe.
(b) Where reproduction of Works has taken place and settlement has not been made, 459 design will make such charges to the publisher of those images or designs as falls within the Copyright, Designs and Patents Act 1988.
3. Project Acceptance ( Where applicable)
At the time of proposal, 459 design can provide the customer with a written estimate or quotation if required. The Terms and Conditions can be read on the 459 design company website.
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 459 design. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept 459 design terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation and/or acknowledgement has been received by 459 design.
4. Design Charges ( Where applicable)
(a) Charges for design services to be provided by 459 design can be set out in the written estimate or quotation that is provided to the customer if required. At the time of the customer's signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 25% of the quoted fee will become immediately due. Work on the project can be held until 459 design has received this amount.
(b) If buying throw 3rd party's 459 design takes no responsibility and assumes no liability for any problems by you or any third party, If a cancellation of a order is requested a non-refundable administration fee of 25% is applied unless within the 30 days many back guarantee, where applicable, and then only chargers for third party item's are applied.
5. Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The customer might be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to 459 design. Accounts which remain outstanding for 14 days after the date of invoice, will incur an extra charge of 20% per month of the outstanding amount.
Payments may be made by cash, cheque or previously agreed electronic funds transfer.
Publication and/or release of work done by 459 design on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of £85 per returned cheque. 459 design reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 14 days from the date of invoice, or following a returned cheque. 459 design shall be considered entitled to remove 459 design 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 459 design reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
8. Copyrights and Trademarks
By supplying text, images and other data to 459 design for inclusion in the customer's website 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 459 design on behalf of the customer, will remain the property of 459 design and/or its suppliers.
The customer may request in writing from 459 design, the necessary permission to use materials (for which 459 design holds the copyright) in forms other than for which it was originally supplied, and 459 design may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to 459 design, the customer grants 459 design permission to use this material freely.
Should 459 design, 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 459 design to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold 459 design 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.
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 459 design holds no responsibility for any amendments made by any party, before or after a design is published.
Any design, copyright, drawing, idea or code created for the customer by 459 design, 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 459 design and any of its relevant sub-contractors.
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. 459 design will not be held responsible for any and all damages resulting from such claims. 459 design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold 459 design responsible for any such loss or damage. Any claim against 459 design shall be limited to 2% of the relevant fee(s) paid by the customer.
11. Data Formats
The client agrees to 459 design definition of acceptable means of supplying data to the company.
Text is to be supplied to 459 design in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail / FTP.
Images which are supplied in an electronic format are to be provided in a format as prescribed by 459 design via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and 459 design will not be held responsible for any image quality which the client later deems to be unacceptable. 459 design 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, colour correction and alteration of images.
12. Design Project Duration
Any indication given by 459 design of a design project's duration is to be considered by the customer to be an estimation. 459 design 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 459 design for the initial payment or by date confirmed in writing by 459 design.
13. Rights of Access to Construction
The client agrees to allow 459 Design all necessary access to computer systems and other locations, as required, in order to complete a project and until all due funds are cleared, including the necessary read/write permissions, user-names and passwords. The customer also agrees to allow 459 Design access to any computer systems, user-names and passwords required to remove data and/or sites for failure to comply with these terms and conditions.
The customer agrees to supply 459 design with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
14. Design Project Completion
459 design considers the design project complete upon receipt of the customer's signed Approval form / email approval or payment. 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.
15. Website Design Only
459 design require that a template/design is approved by the customer before coding of a site commences. Once the template(s) for the website are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template can incur an additional charge.
Once web design is complete, 459 design will provide the customer with the opportunity to review the resulting work. 459 design will make one set of minor changes at no extra cost within 5 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 459 design by e-mail or fax.
459 design will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 5 days of the start of the review period.
16. Design Credits
The customer agrees to allow 459 design to place a small credit on printed material exhibition displays, advertisements and/or a link to 459 design own website on the customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page, if requested 459 will not place a credit on any material design by 459 design.
The customer also agrees to allow 459 design to place websites and other designs, along with a link to the client's web site on 459 design own website for demonstration purposes and to use any designs in its own publicity and portfolios.
17. Rights of Refusal
459 design will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. 459 design also reserves the right to refuse to include submitted material without giving reason.
In the situation where any images and/or data that 459 design does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow 459 design to remove the contravention without hindrance, or penalty.
459 design is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, 459 design will require formal notification in writing to the company's postal address if required. 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 14 days. Please note: any cancellation which is not formally confirmed in writing and received by 459 design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project. this will only apply to signed contracted design work. For all over web design and design work from the point of purchased there is a £25 cancellation fee where applicable. (please see 4. Design Charges).
459 design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. 459 design will not be held responsible for any and all damages resulting from products and/or services it supplies.459 design 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 459 design responsible for any such loss or damage. Any claim against 459 design shall be limited to 5% of the relevant fee(s) paid by the customer.
459 design 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. 459 design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
459 design 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. 459 design 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.
These terms and conditions supersede any previous terms and conditions distributed in any form. 459 design 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 and Conditions
The placement of an order and/or payment is seen as acceptance of the above terms and conditions. These terms and conditions may be changed at any time and once payment has been issued the customer agrees to any and all changes.