Jill Will Design - Terms & Conditions

Terms & Conditions

Terms & Conditions of Service

The following Terms and Conditions of Service apply to all services provided by the Designer (“JILLIAN WILLIAMS”). All services (“WORK”) is carried out by Jillian Williams on the understanding that you (the “CLIENT”) has agreed to these Terms and Conditions and in the event of any dispute are governed by the laws of England.

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form.

All work is carried out by Jillian Williams on the understanding that the client has agreed to these Terms and Conditions.

Jillian Williams reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. These terms are freely available at http://www.jillwilldesign.com/tc
Please familiarise yourself with these Terms and Conditions before submitting any order.

Jillian Williams agrees to produce the Work at the request of the Client for fees agreed upon in advance or by hourly rate, and delivery of the Work by an agreed-upon deadline.

Project Acceptance

At the time of proposal, Jillian Williams will provide the Client with a written estimate or quotation by email.

A copy of the written estimate or quotation is to be signed and dated by the Client to indicate acceptance and should be returned to Jillian Williams.

Alternatively, the Client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.

For the avoidance of doubt, Jillian Williams’ Terms & Conditions are what govern the job, not any conditions on the Client’s purchase order.

Charges and Payment

Charges for design services to be provided by Jillian Williams will be set out in the written estimate or quotation that is provided to the Client. At the time of the Client’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.

Unless agreed otherwise with the Client, all design work requires an advance payment of a minimum of fifty percent (50%) of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty percent (50%) of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

The Client will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the client will also be required to sign and return the Approval Form or signify approval by email to Jillian Williams.

Any invoice queries must be submitted by email within 14 days of the invoice date.

Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment.

Payments should be made by bank transfer. Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery.

Returned cheques will incur an additional fee of £50 per returned cheque. Jillian Williams reserves the right to consider an account to be in default in the event of a returned cheque.

Jillian Williams is responsible for the payment of all government taxes with respect to the services she performs for the Client as an independent contractor.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice or following a returned cheque. Jillian Williams shall be entitled to remove Jillian Williams‘ 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, design and maintenance, 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 all Jillian Williams‘ reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.

Source Files

Jillian Williams will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.

Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, ai, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.

Design Selection

If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by Jillian Williams as fulfilling the contract. All other designs remain the property of Jillian Williams, unless specifically agreed in writing.

Changes and Project Scope

The Client agrees to submit all requested changes, amendments or revisions to the project in writing (email or letter).

It is the Client’s responsibility to check proofs carefully for accuracy in all respects including but not limited to prices, spelling, and dimensions. Jillian Williams is not liable for errors or omissions. The Client’s written approval of an artwork proof will be taken as confirmation that the project is correct and complete.

The Client agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the Client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.

Upon acceptance of the Work, the Client accepts responsibility for any further processes in which this work is used (e.g. printing, etc.) Jillian Williams is not responsible for errors occurring in this work or projects related to this work after approval and acceptance of the Work by the Client. The Client also agrees that Jillian Williams holds no responsibility for any amendments made by any third party, before or after a design is published.

Charges for Other Services

Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

All artwork designs created by Jillian Williams during a project are original.

Any artwork, text, or images supplied and/or designed by Jillian Williams on behalf of the Client, will remain the property of Jillian Williams and/or her suppliers until paid for in full. The Client may request in writing from Jillian Williams, the necessary permission to use materials (for which Jillian Williams holds the copyright) in forms other than for which it was originally supplied, and Jillian Williams may, at her discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not Jillian Williams.

By supplying text, images and other data to Jillian Williams for inclusion in the Client’s design or other medium, the Client declares that it holds the appropriate copyright and/or trademark permissions and grants Jillian Williams permission to use this material freely in the pursuit of the design. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.

Should Jillian Williams, or the Client supply an image, text, 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 Jillian Williams to remove the file.

The Client agrees to exercise due diligence in its direction to Jillian Williams regarding preparation of materials. The Client is responsible for all trademark, copyright and patent infringement clearances and is responsible for arranging, prior to publication or project release, any necessary legal clearances, licenses, usage or royalty payments.

The Client agrees to fully indemnify and hold Jillian Williams 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.

Due to the complexities of international copyright and trademark law, Jillian Williams will not be held liable should the Client be found to be infringing on an already existing copyright, trademark or service mark relating to a project for the Client.

Data Formats

The client agrees to Jillian Williams’ definition of acceptable means of supplying data to the company.

Text is to be supplied to Jillian Williams in electronic format as standard text (.txt), MS Word (.docx) or via email or shared folder.

Images which are supplied in an electronic format are to be provided in a format as prescribed by Jillian Williams via email. Images must be of a quality suitable for use without any subsequent image processing, and Jillian Williams will not be held responsible for any image quality which the client later deems to be unacceptable.

Jillian Williams 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

Design Project Duration

Any indication given by Jillian Williams of a design project’s duration is to be considered by the client to be an estimation. Jillian Williams 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 Jillian Williams for the initial payment or by date confirmed in writing by Jillian Williams.

Design Credits

The client agrees to allow Jillian Williams to place a small credit on printed material exhibition displays, advertisements and/or a link to Jillian Williams 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 Jillian Williams to place websites and other designs, along with a link to the client’s site on Jillian Williams’ own website for demonstration purposes and to use any designs in its own publicity and portfolios.

Rights of Refusal

Jillian Williams 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. Jillian Williams also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Jillian Williams does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow Jillian Williams to remove the contravention without hindrance, or penalty. Jillian Williams is to be held in no way responsible for any such data being included.

Withdrawal of Services & Termination of Contract

Both parties understand that Jillian Williams or the Client may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written cancellation, 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 payment which remain outstanding for 30 days after the date of invoice will be liable for the full quoted cost of the project and will incur late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment.

In the event of cancellation, Jillian Williams retains ownership of all copyrights and original work created.

Disclaimer

Jillian Williams makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Jillian Williams will not be held responsible for any and all losses or damages resulting from products and/or services it supplies. Jillian Williams 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 Jillian Williams responsible for any such loss or damage. Any claim against Jillian Williams shall be limited to the relevant fee(s) paid by the client.

Jillian Williams 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. Jillian Williams will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Jillian Williams and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Jillian Williams recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

Project Acceptance of Terms and Conditions and Quotation

The placement of an order for design work and/or any other services offered by Jillian Williams by email, verbally or in writing, is deemed to be acceptance of these Terms and Conditions.

An estimate validated by the Client’s signature on the estimate or quotation form, or by email, 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 Jillian Williams.