Terms and conditions
The following Terms and Conditions of Service apply to all products and services provided by Jason Plant. (henceforth referred to as Plant Creative).
All work is carried out by Plant Creative on the understanding that the client has agreed to the following terms and conditions.
Copyright is retained by Plant Creative on all creative design work including campaign advertising slogans, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by Plant Creative as fulfilling the contract. All other designs remain the property of Plant Creative, unless agreed in writing that this arrangement has been changed.
At the time of proposal, Plant Creative will provide the client with a written estimate or quotation. This may be a total price or an estimate of time at a set hourly rate.
The client may send an official order in reply, or an email acknowledging acceptance, which binds the client to accept Plant Creative’s terms and conditions. No work on a project will commence until acceptance has been received by Plant Creative.
Clients will normally be invoiced on completion of work on standard 7 day terms. For larger projects, such as website development, signage or larger print runs, payment up front in full or staged payments will be required.
Payments may be made by online transfer, cash or cheque. Publication and/or release of work undertaken by Plant Creative on behalf of the client may not take place before cleared funds have been received.
Plant Creative reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque.
Plant Creative shall be considered entitled to remove Plant Creative and/or the client’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 client of its obligation to pay the due amount. Clients whose accounts become default agree to pay Plant Creative reasonable legal expenses and third party collection agency fees in the enforcement of these terms and conditions.
Copyrights and Trademarks
By supplying text, images and other data to Plant Creative for inclusion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Plant Creative on behalf of the client, will remain the property of Plant Creative and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988.
By supplying images, text, or any other data to Plant Creative, the client grants Plant Creative permission to use this material freely in the pursuit of the design.
Should Plant Creative 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 allow Plant Creative to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold Plant Creative free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The client also agrees that Plant Creative 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 Plant Creative, 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 Plant Creative and any of its relevant sub-contractors.
All design work – where there is a risk that another party 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.
Plant Creative will not be held responsible for any and all damages resulting from such claims. Plant Creative is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Plant Creative responsible for any such loss or damage. Any claim against Plant Creative shall be limited to the relevant fee(s) paid by the client.
Rights of refusal
Plant Creative will not include in its designs, any text, images or other data which it deems to not conform to all standards laid down by all relevant advertising standards authorities.
Cancellation of orders may be made initially by telephone contact or e-mail, however, following this, Plant Creative 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 any non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within calendar 7.
Any indication given by Plant Creative of a project’s duration is to be considered by the client to be an estimate. Plant Creative 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 are received by Plant Creative for the initial payment or by date confirmed in writing by Plant Creative.
Plant Creative makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Plant Creative will not be held responsible for any and all damages resulting from products and/or services it supplies.
Plant Creative is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.
The client agrees not to hold Plant Creative responsible for any such loss or damage. Any claim against Plant Creative shall be limited to the relevant fee(s) paid by the client.
Plant Creative reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their terms and conditions. Plant Creative will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Plant Creative, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.plantcreative.co.uk
An estimate validated by confirmation of approval to proceed with the project by the client by e-mail or in writing constitutes acceptance of the estimate or quotation and agreement to comply fully with all the terms and conditions and forms a Contract for Business between the signatory and Plant Creative.
Plant Creative reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Charges for creative design services to be provided by Plant Creative will be set out in the written estimate or quotation that is provided to the client.
Charges for creative design work do not cover the release of copyright design files including indd, psd, png, eps, jpg or any other source files; if the client requires these files they will be subject to a separate quotation or ‘buy-out’ charge.
Publication and/or release of work done by Plant Creative on behalf of the client may not take place before cleared funds have been received.
All design work will be proofed by the client and written approval given before Plant Creative will release it for publication or print. Whilst all efforts will be made by Plant Creative to ensure the accuracy of work, no liability can be accepted by Plant Creative for errors not highlighted by the client prior to written approval for publication or print.
The client agrees to Plant Creative’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Plant Creative in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, Usb Drive, or via e-mail/FTP.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Plant Creative via CD-ROM, or e-mail FTP. Images must be of a quality suitable for use without any subsequent image processing, and Plant Creative will not be held responsible for any image quality which the client later deems to be unacceptable.
Plant Creative 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, colour correction and alteration of images.
Plant Creative require that a template is approved by the client before coding of a site commences. Once the template(s) for the website are approved by the client, coding will commence; any changes to navigation items, colours, structure or content which require changes to the template will incur an additional charge.
Once web design is complete, Plant Creative will provide the client with the opportunity to review the resulting work. Plant Creative 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 Plant Creative by e-mail.
Plant Creative will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.
Rights of access for website construction
The client agrees to allow Plant Creative all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The client also agrees to allow Plant Creative access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The client agrees to supply Plant Creative with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Plant Creative may appoint sub-contractors to perform any of the services. Plant Creative shall use reasonable care and skill in the selection and appointment of suppliers and the agreement of the terms and conditions of such appointment.
The client agrees to allow Plant Creative to place a small credit in the form of a link to Plant Creative’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 Plant Creative to place websites and other designs, along with a link to the client’s site on Plant Creative’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.