Terms & Conditions

The terms outlined below shall apply to all clients unless specifically agreed in writing to the contrary.

Definitions

The Freelancer

Means Chris Young Design; a freelance creative Graphic Design, Web Design and  Webflow developer

The Client

means any company, firm, individual or other party who seeks the Services of The Freelancer.

Authorised Representatives

means in the case of The Freelancer, any director, and in the case of the Client, any director, partner or sole proprietor.

Services

means provision of creative design, web development and marketing services, including materials and other services provided by The Freelancer for the Client.

Creative

means concepts, design, artwork, animation, photography, videography, copy writing carried out by The Freelancer.

Materials

means design visuals, digital reproduction/artwork, films, display material, printed items, digital media and all items akin to the above.

The Project

means the design, digital and/or marketing assignment the Client has requested from The Freelancer.

The Sub Contractor

means printers, exhibition display organisers, web hosting providers, bureaus and other suppliers engaged by The Freelancer.

Approval

means either verbal or written authorisation from the Client to proceed with the Project.

Costs

Following a discussion, workshop or face to face meeting to understand the requirements, The Freelancer will provide the Client with an estimate. The costs provided on estimates are based upon what we anticipate the creative time and production requirements will be, based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval.

Costs provided allow for presentation of creative options answering the brief for the Client to choose from. In the unlikely event that the Client is not satisfied with the first round of presented work, The Freelancer will develop a further round of additional creative development and presentation.

The Freelancer include up to 2 x amendments within the costs, any changes thereafter will be chargeable. Should the Client wish to make significant changes to the original brief, The Freelancer will revise costings and provide an updated estimate.

Where a Sub Contractor is employed by The Freelancer, The Freelancer shall get an estimate from the Sub Contractor and seek the Client’s approval to the Sub Contractor’s fees.

If an estimate has been provided where a Project will be approached in ‘stages’, each stage will need to be paid in full on completion of each stage, before The Freelancer is able to progress to the next stage.

No creative or development work will commence until The Freelancer has received written approval of the estimate and/or a purchase order from the Client.

All estimates are valid for thirty days from the date of the estimate.

Creative

Creative work will begin once the Client has agreed costs and given confirmation to proceed.

Websites and web pages built from a graphic design visual may not exactly match the original design due to the difference between the display in design software and the rendering of web code by Internet browser software. The Freelancer agrees to match the design as closely as is possible when building the code but may not be able to create an exact replica of the original design.

Web development projects will be designed for

The latest browsers (Chrome, Firefox, Safari, Edge)

Microsoft® Internet Explorer version 11

The latest tablet & mobile browsers (iOS Safari, Chrome for Android)

There may be variance in colours shown between in-house proofs, colours on screen, printer’s proofs, and final printed items. These factors are determined by the source of the print or visual (each output source e.g The Freelancer printer, the client’s printer, the image setter, the screen or monitor etc will differ from the other), the types of inks or make-up of colours (even Pantone colours can vary significantly and often surprisingly depending on what stock or substrate they are printed on), the type of print process (short-run digital, longer-run litho printing), the substrate (paper, card, plastic etc) used, individual preferences (ambient light, personal computer settings etc) and several other reasons. As a result of this The Freelancer is unable to guarantee 100% consistency and accuracy of colour on all items and may not always be able to achieve the exact result expected by the Client. The Freelancer does not accept any responsibility for colour variations as a result of these indeterminate factors.

Proofs

Proofs of all work may be submitted for the Client’s Approval and The Freelancer shall incur no liability for any errors not corrected by the Client in proofs so submitted. The Client can make up to 2 x sets of amendments; text changes and image changes. The Freelancer cannot be held responsible for ‘missing features’ if they were not included or requested in the original brief. Additional amendments, alterations and additional proofs necessitated thereby shall be charged by the hour. If the requested changes require a rework or redesign, additional charges will be incurred, again by the hour.

At the end of each stage of the process (including - but not limited to - before sending an item to print or publishing a website etc) the Client will need to ‘sign-off’ their Approval either in person or by email. No further development can be undertaken until The Freelancer is in receipt of Approval confirmation. Any amends to work after final signed off Approval may incur additional charges for further time spent.

Where pre-production proofs or drafts are submitted for Approval to the Client, the Client shall be responsible for the correction of errors or omissions and The Freelancer shall bear no liability whatsoever in respect of any errors or omissions subsequently discovered. Should any approved artwork or design be in production requires an amendment, the client is liable to pay the full cost or the production as quoted, plus the amount for the time taken to make the amendments and resend to production.

The Freelancer recommends that the Client uses their preferred print suppliers where possible and is able to provide contact details for The Freelancer to liaise directly.

Deadlines

Deadlines are estimated based on the initial brief. The Freelancer will do its very best to ensure that agreed timelines are adhered to. This however relies on clear cooperation from the Client; amendments, additional requirements, changes to the spec and delays in communication will affect the deadline. The Freelancer will not be held liable if the project over-runs due to delays caused by the Client passing information or approval, or any third party issues or force majeure (act of God).

Performance

The Freelancer will take all reasonable steps to ensure that the project brief quoted for the Client functions as intended.

Should the Client report that any part of the project is not functioning as per the brief, The Freelancer will investigate and take corrective action.

Any reports of any part of the project not be functioning that falls outside of the original project brief, The Freelancer will investigate and provide an estimate to carry out the additional work.

Should the Client make their own edits or amendments to completed works, The Freelancer will charge for making subsequent corrections to rectify any issues caused.

Intellectual Property and Copyright

All Creative carried out by The Freelancer shall remain the intellectual property of The Freelancer until The Freelancer has received full payment from the Client. Once ownership of the Materials has been handed over to the Client, The Freelancer will keep a copy of original source files for a maximum of 3 years as a back-up. The Client can request a back-up once The Freelancer has received payment for the completed project.

All Creative and Materials provided by the Client for use in the preparation of and/or incorporation in the Project undertaken shall remain the sole property of the Client, and the Client shall be the sole owner.

The Freelancer will never knowingly infringe any copyright or trademark and will deliver, to the best of its knowledge, original and unique creative concepts. Unless otherwise agreed in writing, it is the responsibility of the Client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark with the ‘UK Intellectual Property Office’ if required.

It is the responsibility of the Client to ensure that all published content is truthful and can be substantiated so as to comply with the British Code of Advertising Practice (for the time being in force), consumer protection legislation and other codes under the general supervision of the Advertising Standards Authority.

For all web related projects, unless specifically stated, the Client will retain 100% ownership of the website design and content only. Web code is specific to each project and is non-transferable to other projects or third parties. Ownership is not applicable to proprietary software and programs or source code, such as databases, e-commerce and/or content management systems, web application source code or flash files/animations.

Cancellation

Should the Client wish to cancel any commissioned design or digital projects, for whatever reason, The Freelancer will require formal written confirmation of the cancellation or request to stop work. The Client will be invoiced for all work carried out to date, whether or not the project is fully complete. Invoices must be paid within 30 days. Any cancellation which is not formally confirmed in writing, The Freelancer will charge for the full estimated cost of the project.

Should work be suspended at the request of or delayed through any default of the Client for a period of 30 days The Freelancer shall immediately upon the expiry of the 30 day period be entitled to invoice for work already carried out, materials specially ordered and other additional costs.

Payment

Unless otherwise agreed in writing The Freelancer will invoice for Projects once the Project is completed e.g on release of artwork to Sub Contractor, publishing of website, sending of e-shot etc. Unless other credit terms have been expressly agreed in writing, all accounts are due for payment on or before 30 days following date of dispatch of invoice.

The Freelancer reserves the right to stop work on the Client’s project should any invoice not be paid. Non payment will result in legal action being taken if necessary.

The Freelancer will, at its discretion, provide the Client with end-artwork in its final form (e.g. high- resolution print-ready PDF; DVD master; outlined EPS file etc). The Freelancer does not by default provide Clients with original artwork or HTML code (for example an InDesign file, layered Photoshop file or HTML source file) or any working or development files, rejected concepts and designs, images or documents generated throughout the Project. Ownership and copyright of all unused or rejected files, documents and designs will reside with The Freelancer.

Confidentiality

All the Client work and Agency material will be treated in confidence by The Freelancer during the project.

The content and concept of any scheme, design, plan, prototype, or any other material or service without limitation supplied by The Freelancer or revealed to the Client by The Freelancer shall be treated as having been disclosed to it in confidence.

Where The Freelancer has sub-contracted any part of its rights and obligations under the Contract, any such sub-contractor (subject to approval by the Client) may be passed such confidential information as may be necessary for such purpose.

The Freelancer will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the Client. We will act reasonably to protect such information and treat it as strictly confidential.

The Freelancer reserves the right to work on behalf of competing companies, subject to confidentiality agreements being maintained.

Data Protection

In accordance with the new GDPR regulation that is in effect as of May 2018, The Freelancer has set out what data it holds, why such data is held , how it held and what the it does with the data.

What information does The Freelancer hold?

The Freelancer limits what personal data is held.

The Freelancer only holds limited information which is necessary, relevant and adequate to carry out design projects and services that Clients may request. The Freelancer will hold a Client’s name, job title, email address and telephone numbers and the type of design services that the Client uses and interests them.

How does The Freelancer use this information?

The Freelancer will collect Client information to carry out its Services and any related Services the Client may request. In doing so, The Freelancer may use the personal information that the Client has shared for purposes related to the Services provided, business updates and general communications.

The information The Freelancer has is information that Clients share with The Freelancer through conversations, meetings, referrals and introductions, requests for quotations, requests for further information etc.

Project information is held on a GDPR compliant online service. Client data will be assigned against each Project undertaken by The Freelancer for the Client. Correspondence emails between The Freelancer and the Client will be assigned to the Project.

Client data is stored in a GDPR compliant place including The Freelancer’s desktop devices (PC and MAC), Google Drive, Xero accounting software and Workflow Practice Management from Xero. To view how Xero handle the data we hold please visit GDPR Centre from Xero.

How do we share Client information?

The Freelancer will only share data with third parties when it is necessary to carry out a service. For example, giving a Client name and address to a printer or courier so they can deliver an order, or provide a service. The Freelancer will not sell, rent, lease, or give away Client data, Client lists, email addresses or any other personal information unless required by law to do so.

The Freelancer may, from time to time, gather specific data from user browsers as visitors enter and exit The Freelancer’s website. The data is anonymised data, collected via Google Analytics and Facebook Pixel. This information is standard, and contains data such as referring URL, pages viewed, and amount of time spent on the site. This data is used for internal calculations of traffic, platform, and download counts.

Clients have the right to access what personal information The Freelancer holds about that Client and make corrections if necessary. Individuals also have the right to withdraw any consent previously given to The Freelancer and ask The Freelancer to erase information it holds.

If the Client requests that their data is to be removed, The Freelancer will delete it within 1 month, or in the case of email campaigns, Clients can remove themselves with the unsubscribe button.

Indemnity

The Client agrees to indemnify The Freelancer and keep The Freelancer indemnified and hold The Freelancer harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. The Freelancer is not liable for any loss that may occur before, during or after the development of projects undertaken. The Freelancer will not be held responsible for any delays, errors or losses arising from any third party.

Case Reference

Appropriate credit and acknowledgement for work produced by The Freelancer should be attributed to The Freelancer where possible (e.g. written in small text on the back of a printed item or at the bottom of a website).

Unless agreed otherwise, The Freelancer may include completed Client Projects as part of its customer case study and online showcase promotion programme.

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