Dodo Designers – Client’s Agreement
- Having received a brief of requirements from The Client, either verbal or written, Dodo Designers will produce an estimate detailing the work to be carried out. The Client must provide written or verbal confirmation that the estimate is acceptable by signing and returning a copy of the estimate or verbally agreeing to cost or by other means agreed by the both parties. This will effectively form the basis of the contract.
- This agreement constitutes the entire agreement between Dodo Designers and The Client. In making this agreement each party confirms that they have not relied on any inducement not recorded in this agreement.
Copyright and Content
1. The Client MUST own copyright, or have reproduction rights, of all artwork, trade names, photographs, and other materials reproduced in The Client’s project. The Client shall indemnify Dodo Designers against any costs whatsoever in connection with the ownership of copyright or reproduction rights. The Client shall have full liability for the consequences of the contents of the printed literature, website or other project commissioned.
2. The Client’s logos, artwork, graphics and photographs remain the copyright of The Client. Design, graphics and programming produced by Dodo Designers remain the intellectual property of Dodo Designers (unless other agreements are made and full and final payment has been received).
3. All preliminary work carried out at The Client’s request, whether experimentally or otherwise, shall be charged to The Client.
4. Dodo Designers withholds the right to refuse publication of any content which it sees as being indecent, obscene or offensive towards others.
5. Proofs of all printed work may be submitted for The Client’s approval and Dodo Designers shall not be liable for errors not corrected by The Client in such proofs. The Client’s alterations and additional proofs necessitated thereby shall be charged as additional charges. When style, type or layout is left to the judgement of Dodo Designers, changes there from made by The Client shall be charged as additional charges. No responsibility will be accepted for any errors, including colour variations, in proofs approved by The Client.
Domain Name Registration and Website Hosting
1. All websites supplied by Dodo Designers, have domain names registered with Dodo Designers.
2. Registration is for 1 year unless otherwise agreed. A charge will be sent to the client one month before the annual re-registration date (available on request). Dodo Designers holds the rights to the domain name even if the client exits from any Dodo Designers agreement. The domain name can be leased from Dodo Designers for a written and agreed amount.
3. All Dodo Designers websites are hosted on servers provided by Dodo Designers. Premium servers can be rented from Dodo Designers for Dodo Designers’ websites, the price of which will be agreed should the client wish to use premium servers.
The Client shall be responsible for effecting all necessary insurance in respect of any loss, damage, or expense that it may suffer directly or indirectly in relation to the provision or non-provision of Dodo Designers goods and services.
Dodo Designers shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of god, government action, failure of power supply, equipment failure, lock out, strike, default or failure of subcontractor or suppliers or any other cause beyond its reasonable control and Dodo Designers shall not be liable for any loss, damage or expense suffered by The Client or any third party arising directly or indirectly from any such matters.
Invoicing, Payment and Tender Validity
1. Payment for design services must (unless otherwise agreed with Dodo Designers) be made as follows: 50% (or an agreed non-refundable deposit) with order, plus balance on completion. Design modifications will be a charged at the prevailing hourly rate dependant on type of service required.
2. Payment shall be made in UK Pounds Sterling to Dodo Designers. Payments are due within 30 days of presentation of invoice. If due to bank charges, transfer fees, or the like, Dodo Designers should receive less than its invoice amount, Dodo Designers will re-invoice The Client for the shortfall. In the event that any amount remains unpaid 30 days after invoice date, Dodo Designers reserves the right to discontinue, withhold, or suspend services to The Client to whom such unpaid amounts relate.
3. In accordance with The Late Payment of Commercial Debts Act 1998 interest will be charged on all payments received outside of payment terms at the rate of 8% above The Bank of England base rate, but not lower than 12.5%. All charges incurred by Dodo Designers due to late payment or cheques that require representing or fees required to recover debts will be passed onto The Client.
4. Tenders and Estimates are valid for 60 days from the date of the Tender or Estimate. All prices may be subject to change without notice after this period.
5. Should work be terminated by Dodo Designers, Dodo Designers reserves the right to retain the full deposit, should the value of the work created be equal to, or should exceed the value of the deposit.
6. Once Dodo Designers has undertaken a commission for services, a cancellation fee of up to 75% will apply if the contract is terminated through no fault of Dodo Designers. An interim invoice will also be levied for up to 75% of the total quotation value if the commissioned project’s content is not received within 60 days of commission.
1. Dodo Designers cannot be held liable for any information contained within The Client’s web site or printed literature. The content of such remains the copyright and intellectual property of The Client. The Client is liable for any reasonable legal costs incurred by Dodo Designers caused by the content of The Client’s web site or other project and agrees to indemnify Dodo Designers for any awards made by a court of law.
2. Search Engine entry and ranking can in no way be guaranteed as this remains the sole discretion of a third party search engine provider.
3. No liability will be accepted for compatibility issues with code or any errors, omissions or failings of software code produced.
4. Where in the instance that a time scale / schedule has been given, Dodo Designers will not be responsible for any money lost to The Client if the deadline is not met.
5. On completion of any web site it is the sole responsibility of The Client to manage the site. Dodo Designers will no longer be responsible for the site upon completion unless an alternative agreement has been reached.
6. Should Dodo Designers waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Dodo Designers to waive the same clause on any other occasion.
7. This contract shall be subject to English Law. Where it is held that Dodo Designers is not entitled to rely on any term in this contract, then Dodo Designers may also be allowed to cancel all rights and obligations under this contract, or to hold all other clauses as valid entirely at their sole discretion.
8. Dodo Designers reserves the right to amend these terms and conditions at any time.
Submission of Information and Data Protection
1. Any information submitted to Dodo Designers shall be used by Dodo Designers in accordance with the Data Protection Act 1998.
2. Any visitor who provides information warrants that the information provided is complete, true and accurate in all respects.
3. We will use your information and the subsequent information we collect about you, to create a database. This database and the information it contains will be used by the Dodo Designers for the purpose of sales communications and held on account management database to enable to contact you and hold information about projects past and present plus estimates we may produce for you. We may also send you sales and other information which we think may be of interest to you in the future.
4. By responding to our subsequent enquires you are deemed to consent to our processing personal data about you and your company where necessary for the above purposes, including the processing of any personal data about you.
5. If you do not want to receive any information from either us or third parties, tell us when you next contact us.
6. If you wish to receive a copy of the information we hold about you, write to us.