Terms & Conditions for Company Identity Design Related Services

‘The Company’ is Francis Stebbing (Frank Brands). ‘The Client’ means the party, or any person acting on their behalf with whom the Company contracts. This page defines the terms and condition of our working relationship. All projects or company identity design services that ‘The Company’ may be contracted to produce or provide for ‘The Client’ will be subject to the following:

  1. All estimated prices quoted, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly. Deliveries and couriers are additional.
  2. A signed purchase order (preferably with a Purchase Order number and project value) will need to be raised for the full quoted and agreed amount before work can commence on any job. A separate PO may need to be raised for any extras such as distribution, storage, deliveries or mailing. The initial approval of the Company Cost Estimate and the initial payment to commence work indicates that The Client has read and will agree to adhere to these T&Cs.
  3. All work is billed either monthly or on completion of project stage, or the relevant hourly charge as previously agreed.
  4. All estimates are based on expected or agreed design time and include two sets of authors corrections where alterations are called for by the Client, or if additional changes are required by client. Approvals are needed at certain milestones throughout the life of the project. If the number of substantial client edits exceed 2 revisions provided such revisions are not resulting from acts, omissions or errors caused by Francis Stebbing, the total estimated hours allotted for each task will increase. This additional time needs to be captured and billed at a AE450/hr T&M flat rate (Time & Materials). Typically, and with clear communication – most design projects do not require more than 2 revisions to finalise. Note: Clients’ approval will be obtained well in advance before incurring additional fees on open projects.
  5. Where there is a change of brief, the Company will inform the Client in advance of any extra costs likely to be incurred.
  6. All projects are planned to an agreed schedule. Non-adherence to this schedule by the Client may result in compromising final delivery deadlines. If this is likely to occur, the Company will advise the Client as soon as this becomes evident and suggest an alternative solution where feasible. Timely access to all relevant individuals having influence on the project. Delays in the project caused by factors beyond Francis Stebbing’s control may result in schedule and budget increases, with prior client knowledge and consent.
  7. Whilst every effort will be made to achieve agreed delivery, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Company’s control.
  8. For all new clients payment for the full or part amount + VAT may be requested in advance of commencement, as agreed between parties. For any subsequent invoiced work, the Company must receive full payment not later than 30 days after the date of Invoice unless otherwise agreed. The Company reserves the right to make a surcharge of 2% per month interest to accounts that are not paid by this time. Client credit screening may affect any subsequent credit agreement.
  9. Once a client has agreed to the Company’s current Terms and Conditions on a credit account with the company, Frank Brands shall invoice in project stages e.g. Stage 1 Conceptual Design, Stage 2 Detailed Design and Design Development etc. Upon stage completion unless where exceptional terms have been agreed with the client.
  10. Frank Brands reserves the right to invoice for any disbursements for part works carried out including third party costs incurred on a project should the project be unable to be completed for any reason or has been delayed/put on hold by the Client for a period of 4 weeks or more then stage invoicing will occur.
  11. All creative work produced and devised during a project(s), creative, digital, software files and related correspondence remain the property – physically, intellectually and in copyright, of the Company until full payment has been made on the Client’s account, and all project costs have been cleared.
  12. Once final proofs/materials have been signed off, the Company cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product. The client is ultimately responsible for checking the accuracy of site or marketing content.
  13. Upon delivery and launch of a finalised website and final payments made, this indicates that the client has signed off the project and accepts the solutions provided, meet all expectations agreed in this document. We will provide free support for 28 days to resolve any technical details. Frank Brands is not responsible for any email, server, SEO, plug-in updates or issues but can give advice where needed. All and any requested work on the website after 28 days will charged at AED450 p/h. We can offer website maintenance contracts after 28 days post launch at an agreed fee.
  14. It is the responsibility of the Client that all materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied to us by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. Frank Brands will not accept responsibility /liability for infringements caused by any wrongly supplied materials.
  15. The Company reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Client. Any outsourced job remains the property/responsibility of the company and such services are deemed to be carried out ‘indirectly’ by the Company.
  16. As part of larger projects which involve 3rd parties commissioned directly by the client, the Company will not be held responsible in any way for services not carried out/managed directly or indirectly by the Company.
  17. Advice of any loss, quality or damage issues must be reported to the Company within five clear working days of delivery and receipt (whether be printed or digital) and and any claim in respect thereof must be made in writing to the Company within 3 working days thereafter. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with. Frank Brands shall not be held responsible for any virus or other artefact introduced to the client’s computers or other Information Technology systems or any other source nor for any loss, damage or injury arising from loss or corruption of data.
  18. In the event of any bonafide dispute or difference arising between the parties in connection with the Contract (excluding any dispute relating to non payment of the Charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Client to inform the Company immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, deadline), without such information, no disputes will be entered into.
  19. Every endeavor will be made to deliver the correct printed quantity ordered, but estimates are conditional upon margins of 5%. The Company reserves the right to change/alter ordered amounts in the Clients best interest.
  20. Whilst taking every care to protect all media and correspondence supplied, the Company cannot accept liability or be held responsible financially or otherwise for any loss. Disputes will not be entered into.
  21. The Company cannot guarantee the Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore the Company will not accept liability for any alleged claim from the Client or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.
  22. It remains the Client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Client by the Company.
  23. If at any point during the design or development cycle a client wishes to cancel, they may do so but will be invoiced an amount that The Company judges to be proportional to the amount of work completed on the commission and further compensatory charges for booked design time or printing press time or any other supply costs accruing. Should the client instruct Francis Stebbing to cease working on the project for whatever reason, the client agrees to pay for the work that has been concluded up to the date of such instruction. Using pricing guidelines from the AI GA (American Institute of Graphic Arts) projects killed after the first creative is delivered will be subject to pay 75% of the total contract, and projects killed after v.2 of the creative work is complete are subject to pay 90% of the original agreement. Projects killed after the work is completed are subject to pay 100% of the original agreement. Clients will be notified before incurring kill fees on cancelled projects. In addition, the consultant retains the right to cancel the project for lack of decisiveness on the clients part in selecting a creative direction – but this only applies after 3 versions of creative work is presented to the client for review and feedback. In the extremely rare case of consultant cancellation, the client has no rights to the creative work previously rejected, and the consultant retains 50% of the total project fees for the time spent to create and design initial deliverables.
  24. The Company reserves the right to the addition of our Company credit on printed or digital projects unless instructed otherwise by the Client and, to the use for self-promotion any work carried out for the Client.
  25. The Company reserves the right to use both initial creative concepts and final approved design work for the purposes of the Company’s marketing activities (both online and offline) unless otherwise requested/agreed with the Client.
  26. Terms and Conditions may be changed at any time without prior notice to its clients. Notification will be sent to all clients at the time of the Terms and Conditions alterations.
  27. The company shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond it’s control including (without limiting the foregoing), Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply, Lock out, Strike by employee’s in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Customer may, by written notice, elect to terminate the contract and pay for company identity design or other work done and materials used, but subject thereto, shall otherwise accept delivery when available.
  28. Frank Brands will have a lien over any product, data or materials if all payments due from you have not been paid and cleared in full within 1 month from the date of the invoice. We reserve the right to withhold supply of goods and, in the case of web services, this includes recalling services including the hosting of websites.
  29. The Client is agreeing fully to the Company’s trading Terms and Conditions by commissioning our company identity design services.
  30. The validity and enforceability of this agreement will be interpreted in accordance with the laws of the UAE and the exclusive jurisdiction of the courts of Dubai. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement.

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