1. These terms and conditions of business (“the terms”) govern every contract made between Zara Boyle for the supply of graphic design, illustration, printing, websites or goods and services to any person, firm, charity or company (“the client”).
2. The terms prevail over any written terms and conditions of the client.
3. Any variation to the terms must be agreed in writing by Zara Boyle.
4. All contracts (verbal or written) between Zara Boyle and the client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
5. Separate Terms and Conditions of Business exist over dealings between Zara Boyle and clients in respect of media relations, training services, journalism and public relations consultancy.
6. We reserve the right to change these Website terms without notice. The new terms will be posted upon the website and your continued use of the website will be considered acceptance of them. You are advised to check the website terms regularly.
2.0 Price & Payment
1. The client will pay Zara Boyle the fixed fee or current list price charge – whichever is agreed at the time of instruction.
2. Zara Boyle reserves the right to add interest to any account outstanding after 30 days up to the maximum permitted by legislation.
3. Deposit Orders – A 50% deposit is required before any work will commence and must be cleared funds so any cheque deposits must allow up to 10 working days to clear. On completion of any projects the remaining 50% is required upon completion and will remain the property of Zara Boyle until the invoice is paid in full (excluding bespoke web based projects – where Zara Boyle retains ownership of source code).
4. All deposits are none refundable
5. Existing customers – Not authorised for a credit account must pay for goods or services in full upon completion of the job.
6. Existing 30 day account customers – should be paid in full within 30 days of the invoice date, by card, cheque or BACS.
7. Zara Boyle reserves the right NOT to release final files until payment has cleared through its bank.
8. Zara Boyle reserves the right (without disclosing a reason) to demand payment for work on collection at any time.
9. The client will pay any expenses incurred by Zara Boyle in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
1. Orders for work must be given in writing to Zara Boyle by the client.
2. Not withstanding clause 3.1, if Zara Boyle accepts a verbal order from the client, this serves as an agreement and any work will be chargable (see cancellation policy). Zara Boyle will not be held responsible for any mistakes (made by either party) arising from that verbal order.
3. Zara Boyle reserves the right to refuse to accept any order.
4. Zara Boyle reserves the right (without disclosing a reason) to terminate any work at her discretion.
1. All estimates given by Zara Boyle will be valid for 28 days from the date of estimate.
2. If the client’s final order changes from the original specification made for the quotation, Zara Boyle reserves the right to vary the estimate.
3. Estimates assume that the copy, text, pictures, graphs, pie charts, tables and other illustrations received from the client are final and require no further amendment.
4. Zara Boyle will not touch up, improve or otherwise alter illustrations or graphs etc supplied by the client unless specifically requested to. Zara Boyle’s hourly rates will apply in all such cases.
5. Estimates assume that there will be a maximum of two sets of proofs and amendments/corrections for all work. Excessive authors amendments (in excess of two sets of proofs/changes) will be charged out at the hourly rate.
6. Although we strive to work towards permanent working partnership with all of our clients, if we are asked to provide a competitive quote we will always seek to undercut a lower quote supplied by one of our competitors. All we ask is sight of the competing quote and any conditions which apply.
5.0 Turnaround Times
1. It is up to the client to set themselves realistic timescales for the production of graphic design and/or printed work. As well as weekends, national holidays and the constraints of normal office hours, there are elements of the creative process which cannot be fasttracked (such as drying times, reprographics, folding, delivery times etc).
2. Where quoted, turnaround times are normal target times only and Zara Boyle accepts no liability for failure to meet these times, but will always use its best endeavours to do so.
3. Where a client misses a time critical deadlines, this may result in their work missing printing slots booked on a client’s behalf. This will usually result in missed delivery deadlines. We will use our best endeavours to minimise the adverse impact of missed deadlines – but the onus is on the client to meet agreed deadlines in the first place.
6.0 Print Finish
1. Unless stated by the client, Zara Boyle will decide, at its discretion, which print finish to use (either matt or silk).
7.0 PDF’s (Portable Document Format)
1. It is the client’s responsibility to supply PDF documents set up ready to print and correctly formatted to our specifications (please ring for details).
2. Zara Boyle cannot be held responsible for loss of earnings as a result of PDFs being incorrectly set up for print (low resolution etc).
8.0 Color Balancing, Proofing & Cutting
1. Please ensure you read all your proofs thoroughly, as once signed off either verbally or in writing the responsibility passes to the customer. You need to view all proofs at 100% to ensure you can see the exact size of your product when it is printed. Zara Boyle are not held responsible for any mistakes such as spelling, punctuation, grammar, viewing, contact details or layout.
2. Clients need to be aware that when undertaking full colour printing using the CMYK printing system, it is difficult to guarantee exact colour matches with reference to Pantone colour numbers and slight variations of colours throughout a printed batch.
3. Clients are advised that pdf proofs, when viewed on screen or printed off, are not 100% colour accurate and there may be some variation in tone due to lighting effects, paper specification etc.
4. As a matter of course, the cost of digital proofs are not included in Zara Boyle estimates. To guarantee absolute piece of mind in respect of colour and picture quality, Zara Boyle advises clients to allow the time and budget to enable us to provide full colour proofs. Proofs should be requested when the artwork is signed off.
5. Clients need to be aware that the cutting process of any printed products requires an allowance of 3mm along the horizontal or vertical line.
9.0 Uncollected work
1. If any items of work including prints and original files belonging to a client are not collected after 6 months of the requested work being done, Zara Boyle reserve the right to dispose of such material.
10.0 Copyright, moral rights and consents
2. Zara Boyle claims no copyright in material submitted to, for the purposes of fulfilling the clients instruction.
3. The client warrants that the client owns or controls all rights, has obtained all copyright, or has permissions, consents and waivers that as are now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by Zara Boyle. The client also warrants that no copyright or moral rights will be infringed by Zara Boyle carrying out the requested work.
4. The client agrees to indemnify Zara Boyle against all losses, damages, claims or expenses which Zara Boyle may incur by virtue of any breach of the above warranties.
5. Clients should obtain the consent of any adult or, in the case of children, from the guardian or parent of the child, for the use, re production and/or printing of any photograph featuring that person. Zara Boyle cannot be held liable for any infringement of privacy, or any damages arising from, the use of such photographs.
6. Ownership of the final artwork becomes the full property of the client upon payment of all fees. Zara Boyle retains ownership of all draft materials not used in the final design. This includes layered photoshop files, illustrator files, original flash files, Quark/InDesign, PHP/HTML/CSS source code files etc, remain our intellectual property and cannot be released to the client unless explicitly negotiated. For copyright reasons fonts used within a project cannot be released either. Under copyright law, the design company is the owner of all files and artwork created for the client, and the client is the owner of the end product (i.e. a printed business cards). Release of electronic files to the client is at the discretion of the designer and is determined by the type of project. Copyright ownership may be transferred to the client for a fee that is based on the uses for which rights are being transferred.
7. Graphic design is a service, not a product – customers are billed for the time and expertise of our professional graphic designers. In accordance with industry standards, Zara Boyle charges for design services by the hour (unless a flat fee has been negotiated in writing).
1. The client must contact Zara Boyle, concerning the details of any Zara Boyle invoice, or any complaint, within 7 days of the date of the invoice. Letters of complaint should be on the client’s headed notepaper and signed on behalf of the client by a Director of the firm, charity or organisation.
2. Where it is mutually agreed that sub-standard work should be reprinted in whole or part, the client should arrange for all items to be returned, completely in unopened boxes.
3. The use by the client of any items which he/she regards as sub-standard will be deemed by Zara Boyle as acceptance by the client that the item is fit for use and full repayment will be expected.
4. Zara Boyle liability to the client or any other party for the loss including theft, or destruction or damage to any materials provided by the client which are deposited with Zara Boyle for whatever reason;-
5. Will be limited to the replacement cost of the actual material and;
6. Zara Boyle will not be liable for the cost of reshooting or reprinting the material contained on the material and;
7. Zara Boyle will not be liable for any loss or damage to the client or any other party including loss of income and;
8. It is the client’s responsibility to insure against such loss and damage.
9. Zara Boyle will not be liable for failing to complete any contract between Zara Boyle and the client due to circumstances beyond Zara Boyle’s control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.
12.0 Returns Policy & Discounts
1. Any goods must be returned within 14 days of collection/delivery.
2. It is not the policy of the company to give discounts, refunds or partial refunds.
1. Any cancellations will be discussed at the time of cancellation with the client as all projects vary in turnaround time. If the work has not yet commenced the order can be cancelled and the client will not incur any cancellation costs and any deposits may be refunded within 48 hours. For orders which have been started and are already in production a cancellation cost will be discussed and any design time (charged at the hourly rate) and materials up to the point of cancelling must be covered. Payment for any cancellations will be due as per your payment terms.
2. For ongoing services such as SEO and Google Adwords, that are invoiced monthly, we require a notice period on one month to cancel.
1. These terms may be changes, amended or altered in part, or in full, without warning by Zara Boyle. It is the responsibility of the client, and his/her staff, to read and understand these terms and conditions.
15.0 Data Backup
1. Whilst Zara Boyle shall use its reasonable endeavours to ensure that backup copies of the Client’s Web Site and all Client data contained in the Web Site are made at reasonable intervals, the Client shall be solely responsible for the backup of such data and Zara Boyle shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the Client which are due to the failure of the Client or Zara Boyle to back up such data. If the Client requests a restore for reasons other than an error by Zara Boyle, then Zara Boyle reserves the right to charge for this service.
2. Where Zara Boyle has been requested to perform additional backup services, Zara Boyle will only backup whatever is specified in writing. Zara Boyle cannot be held responsible for extra items not included in backup routines if not requested to do so in writing.
16.0 Website Updates
1. Zara Boyle does not undertake to maintain or update a client’s website as part of the web design process. If a client wishes Zara Boyle to maintain or update a web site as a separate agreement, Zara Boyle will negotiate with the client a maintenance contract appropriate to the amount of work required.
2. Zara Boyle have a minimum update charge of £25.00 + vat
17.0 Search Engines
1. Zara Boyle accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client’s web site.
18.0 Misc Terms
1. All creation and source files (E.g. photoshop psd files, php source files) remain the intellectual property of Zara Boyle on completion of a web design project. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the services or products provided by Zara Boyle. No client has rights to modify, re-produce or use source code in any form or manner without prior permission of Zara Boyle.
2. The Web Site shall be for the sole use of the client and shall not be capable of assignment to a third party by the client.
3. Zara Boyle will only commence work on a Project after receipt of a non refundable, 50% deposit of the project fee from the client. The final 50% payment is to be made on completion of the website. The website will be made live on the internet once remaining balance of 50% is paid in full.
4. Whilst Zara Boyle offers hosting of websites, no guarantees can be made as to the availability or interruption of this service by Zara Boyle and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
5. The client agrees that Zara Boyle may include development credit(s) and/or link(s) displayed on the client’s web page, unless this is otherwise defined at the project planning stage. These development credit(s) and/or link(s) may not be removed or modified, by the client or by a third party authorised by the Client, without written authorisation from Zara Boyle.
6. None of the rights or obligations of the client under the contract may be assigned or transferred in whole or in part without the prior written consent of Zara Boyle.
7. The copyright for all material provided by Zara Boyle, such as HTML code, graphics, photographs, code libraries and text, will remain the property of Zara Boyle
8. Zara Boyle provides an e-commerce service where by it allows clients to use software with bespoke design and functionality specific to that client.
9. Zara Boyle holds all rights on software used in ecommerce and bespoke websites.
10. The client holds full rights to store items, product categories, images, store customers, orders. Such information can be provided in the form or a database backup if required by the client.
11. All stock images used are purchased from companies such as “Shutterstock” and “Will Harris Photography”. When purchasing from other stock image websites an additional charge may apply.
12. Zara Boyle makes every effort to design pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed. Zara Boyle design and develop websites according to modern web standards, with sites working in web browsers that majority of Internet users use. Unless specifically requested, browser compatibility for Internet Explorer version 8 and below is not provided for.
13. Logo designs are created as 1D and 2D designs. Any character illustrations of 3D visual work required will be defined as an additional service and charged in additional to our logo design packages
15. Website Support: Following completion of all websites we offer unlimited email support for free with a response time up to 72hrs for none urgent issues during very busy periods. Telephone support is also offered on a chargeable basis, based on our hourly rate of £65 + vat
16. Email, Website Hosting & Domain Name Support: Unlimited Technical Support by email is offered free of charge with a response time of up to 72hrs for none urgent issues during very busy periods.
17. Unless otherwise stated, a maximum of 2 major design changes are permitted. If additional major revisions are required, Zara Boyle will charge according to their current hourly rate
18. If the customer requests a backup of the source files of their website and the website is based upon a bespoke system Zara Boyle created for them, transfer fees will apply and will be determined at the time of the request.
19.0 Brochure (1 page) websites
1. The client is to provide all textual content for the page. Small brochure style websites shall be optimised for up to 5 key phrases and submitted to major uk search engines. Zara Boyle cannot guarantee top search engine positions for such websites (when compared to larger, more text heavy sites), as the purpose is to increase exposure to search engines, to link to a parent website and to create an online presence.
2. If at any point the client wishes to cancel, they may do so but will be invoiced an amount that Zara Boyle judges to be proportional to the amount of work completed. Approx £65 + VAT per hour. If, during the project process, the client does not supply the content required in order to complete the agreement within a reasonable amount of time, Zara Boyle will consider that the client wishes to cancel the agreement and charge accordingly.
3. Zara Boyle hold the rights to cancel or suspend a client’s service or services as if a client fails to clear due invoices.
4. Web hosting is none refundable
21.0 Content Managed & e-Commerce Websites
1. Full payment is expected upon completion of these sites. If a client wishes to add further content or products before going live payment is still expected as the project is complete from a development point of view. Zara Boyle will not wait until a client has added further content and prices before the remaining balance is paid. If payment is not made in a timely manner, Zara Boyle will proceed with obtaining payment through court action, where all interest and fees will be paid by the client.
2. Up to 2 hours of training with Zara Boyle is included in the price for all ecommerce and content managed websites. Further telephone support, tuition or offsite is chargeable at our hourly rate if required after this time. Ongoing email support is free of charge.
3. Support is only for a single contact for the website, not multiple of third party contacts.
4. Training is for up to 2 delegates only.