The following Terms and Conditions of Service apply to all branding, artwork, graphic design, website design, Hosting and building and e-commerce services provided by Burnett Design.
All design work is carried out by Burnett Design on the understanding that the client has agreed to abide by The Burnett Design terms and conditions.
Copyright of all graphic design work, or text provided is retained by Burnett Design including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled, at which point copyright will transfer to the client.
If multiple design concepts are submitted, copyright in only the adopted concept is deemed to have transferred to the client (upon payment of all invoices). All other artwork designs, concepts etc remain the property of Burnett Design, unless agreed in writing.
Following initial discussions Burnett Design will provide a quotation or proposal in writing.
The client may send an official order or confirmation of acceptance of the quotation or proposal. Communication of acceptance binds the client to accept the terms described in the quotation or proposal, subject to these terms and conditions.
Fees for services to be provided by Burnett Design will be set out in the quotation/proposal provided to the client. At the time of the client’s acceptance of the same a non-refundable deposit of 30% of the quoted fee will become immediately due. Work on the project will not commence until Burnett Design has received this amount.
Charges for other Services
Charges for any additional services over and above those set out in the quotation/proposal will be quoted on a separate basis payment.
Details of payment terms will be set out in the quotation/proposals.
Accounts which remain outstanding for 30 days after the date of invoice will incur an extra charge of 2% per month of the outstanding amount.
Payments may be made by Chaps, Bacs or cheque. Publication and/or Release of work done by Burnett Design on behalf of the client may not take place before funds have cleared.
Returned cheques will incur an additional fee of £50 per returned cheque. Burnett Design reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered to be in default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Burnett Design shall be considered entitled to remove Burnett Design’s 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 Burnett Design reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyright and Trademarks
By supplying text, images and other data to Burnett Design for inclusion in the customer’s brochure 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, at all times.
The client may request in writing from Burnett Design the necessary permission to use materials (for which Burnett Design holds the copyright) in forms other than for which it was originally supplied, and Burnett 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 Burnett Design, the client grants Burnett Design permission to use this material freely in the pursuit of the design and to utilise the designs in Burnett Design’s portfolio unless agreed otherwise.
Should Burnett Design, 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 follow Burnett Design to remove and/or replace the file.
The customer agrees to fully indemnify and hold Burnett 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 client agrees that Burnett Design holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the client by Burnett 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 Burnett Design and any of its relevant sub-contractors.
All design work where there is a risk that another party may 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. Burnett Design will not be held responsible for any and all damages resulting from such claims. Burnett 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 Burnett Design responsible for any such loss or damage. Any claim against Burnett Design shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Burnett Design’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Burnett Design in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Burnett Design via CD-ROM, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Burnett Design will not be held responsible for any image quality which the client later deems to be unacceptable. Burnett 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.
Design Project Duration
Any indication given by Burnett Design of a design project’s duration is to be considered by the client to be an estimation. Burnett 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 of the deposit are received by Burnett Design.
Design Project Completion
Burnett Design considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Once web design is complete, Burnett Design will provide the customer with the opportunity to review the resulting work. Burnett Design will make one set of minor changes at no extra cost within 14 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 Burnett Design by e-mail or fax.
Burnett Design will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
The customer agrees to allow Burnett Design to place a small credit on printed material, exhibition displays, advertisements and/or a link to Burnett Design’s own website on the client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The client also agrees to allow Burnett Design to place all designs on Burnett Design’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
Burnett 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. Burnett Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Burnett Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Burnett Design to remove the contravention without hindrance, or penalty. Burnett Design is to be held in no way responsible for any such data being included.
Termination and Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Burnett Design 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 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Burnett Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Neither Party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement that result from circumstances beyond the reasonable control of that Party. The Party affected by such circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances exist for a continuous period of more than 6 months, either Party may terminate this Agreement by written notice to the other Party.
This Agreement may only be amended in writing signed by duly authorised representatives of the Parties.
Subject to the following sentence, neither Party may assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this Agreement without the prior written agreement of the other Party. A Party may, however, assign and transfer all its rights and obligations under this Agreement to any person to whom it transfers all of its business, provided that the assignee undertakes in writing to the other Party to be bound by the obligations of the assignor under this Agreement.
This Agreement contains the whole agreement between the Parties and supersedes and replaces any prior written or oral agreements, representations or understandings between them relating to such subject matter. The Parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement. Nothing in this Agreement excludes liability for fraud.
No failure or delay by the Printer in exercising any right, power or privilege under this Agreement shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.
Agency, partnership etc
This Agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in this Agreement. Neither Party shall have, nor represent that it has, any authority to make any commitments on the other Party’s behalf.
Each Party to this Agreement shall at the request and expense of the other or any of them execute and do any deeds and other things reasonably necessary to carry out the provisions of this Agreement or to make it easier to enforce.
If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
Burnett Design supports websites on Linux servers; if a website’s hosting is moved from a Burnett Design server to an alternative server, Burnett Design may not be able to support the server. When entering into an hosting agreement, unless otherwise specified Burnett Design retain control of your website’s files to guarantee security and performance. Burnett Design reserve the right to choose a server hosting partner and retain the ownership of the server. Unless otherwise stated your website may be hosted on a server with other Burnett Design websites and applications. If Burnett Design suspects that your website has become in any way compromised, we reserve the right to automatically disable the website until any issues have been rectified.
Burnett Design support the most common browser types including: Internet Explorer 11, Safari, Firefox, Chrome and Opera. We support the most recent version of these browsers. If compatibility is required with any browser that we do not support there will be an additional development cost.
Burnett Design 2019