1. General

1. These terms and conditions set out the basis upon which EEW Design Limited (EEW Design) will deal with your order.

2. No variation will be accepted without the express written authority of EEW Design. 

2. The Briefing

1. All design jobs must have a full briefing from the client. Instructions will only be taken from one representative of the client.

2. EEW Design accept no liability for inadequate or inaccurate briefing.

3. The Estimate

1. EEW Design will do its best to ensure that the estimate is a genuine reflection of the work being considered. However, it is not a quotation. EEW Design will advise you if it appears that the estimate is likely to be exceeded as soon as it becomes apparent.

2. Matters which may increase the estimate include the following: 

   1. Unforeseen increases in materials and services to be provided by third parties.

   2. Delay caused by failure of the client to provide appropriate information to enable timely completion, preparation and delivery of the requested design work.

   3. Unforeseen additional work at the request of the client.

   4. Change or alterations of design, quality or specification and production details by the client.

   5. Correction of errors made by the client.

4. The Price

1. EEW Design is registered for VAT. VAT at the current rate will be applied to all invoices. 

2. You will be required to pay a non refundable deposit before the commencement of the work as set out in the Estimate.

3. EEW Design may require stage payments as set out in the Estimate. In the event of non payment of stage payments EEW Design reserves the right to cease work.

4. The final installment will be payable on completion before the work is released to you.

5. Interest will be charged on late payment at the rate of 5% above Libor for the time being accruing on a daily basis.

6. Any title intended to be transferred in the work produced by EEW Design will not pass until payment in full and the customer will therefore not have the right to use the subject matter of any of our projects until payment has been made.

5. Specifications

1. All copy must be supplied in digital format.

2. The client must provide all images as high resolution jpg or tif files at a minimum resolution of 300dpi. All logos must be supplied as Illustrator eps files. EEW Design will not be held responsible for images supplied at the incorrect resolution and/or file format as this may result in poor quality print or screen reproduction.

3. The colour of transparencies and in house colour print out or image supplied on CD Rom and that of the finished design work may differ. 

4. EEW Design will prior to printing send the customer black and white or colour proof of design work as agreed. The customer must signify in writing its approval or as the case may be any amendment to the proof. Such approval means that the customer accepts the proof as approved or amended and EEW Design shall in no way be responsible for any errors or omissions in the proof that are not brought to its attention irrespective of blame. All amendments are chargeable at our standard hourly rate (as set out in the Estimate).

5. In the event that the client provides artwork it will be deemed to be correct. No proof or amendment will be required unless expressly requested in writing by the client.

6. Should it be necessary for EEW Design to use the services of any third party on the instructions of the customer, EEW Design cannot be held responsible for negligence or failure to perform by that third party.

7. All materials or other work used in the production will normally be archived for a minimum period of six months unless the customer gives written instructions to the contrary. There may be an additional charge for returning or preserving the same beyond the initial period of six months or for providing further copies of documents or access to the original source file.

8. EEW Design shall be indemnified by the client in respect of any claim, cost and expense arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer.

6. Print

1. Reproduction of a particular colour cannot be guaranteed nor can precise dimensions.

2. If the client wishes to arrange its own printers, EEW Design will not be held responsible for quality of print or stock or paper or delivery of any job by the printers.  

7. Customer’s Property

1. All property the client provides to EEW Design in connection with any work to be undertaken by EEW Design shall be entirely at the customer’s own risk and EEW Design shall in no way be or become liable for any loss or damage to it.

2. It is assumed that all the client's property is insured by the client.

3. The client shall be liable for any physical loss or damage and consequential loss arising following accidents or damage caused by any goods supplied or actions undertaken by the client.

8. Lack of Instruction

1. If in the event of lack of instruction, EEW Design reserves the right to invoice for time spent to date if no progress has been made for a period in excess of thirty days.

9. Delivery

1. Delivery shall take place at EEW Design’s premises unless agreed otherwise.

2. Time shall not be of the essence. Time stated for delivery are a bona fide estimate only.

10. Force Majeure and Limitation of Liability

1. EEW Design shall be under no liability if it is unable to fulfil a contract due to any reason beyond it's control.

2. EEW Design will not have any liability in excess of the contract price.

11. Intellectual Property Rights 

1. Images brought at the expense of EEW Design on stock websites (image, video, audio etc.) remain the property of EEW Design. We will transfer ownership to the client upon payment in full of our expenses but subject to any restrictions placed on us by the suppliers.

2. EEW Design retains the copyright in all website design until payment in full has been made, whereupon all artwork files will be transferred to the client in digital form.

3. EEW Design retains the copyright in illustrations and photographs created by them. The client may only use illustrations and photographs for the original purpose commissioned by it, unless otherwise agreed by EEW Design. An additional fee will normally be required for licence to use for other purposes. 

4. Until payment in full has been made, EEW Design reserve the right not to allow the website to go live whether hosted by ourselves or a third party. Subject to the clients' rights upon payment in full to use the products created by EEW Design, EEW Design retains the ownership in all original source files. 

5. EEW Design will retain copyright in all videos, audio and audiovisual production projects. The final film will be released on payment in full and other unsued materials will be subsequently returned only upon payment of our fees for return are paid.

6. EEW Design reserves all rights until payment in full. 

7. Subject to the Client's rights upon payment in full to use the products created by EEW Design, EEW Design retains the ownership in all original source files.

8. EEW Design retains the right in all cases to use the design work in any manner at any time for the purpose of advertising or otherwise promoting its work unless expressly requested in writing not to do so by the customer.