In these conditions “the client” means the person or company who has agreed to take out the graphic design services of m:art. The deliverables means the services and work specified in the quotation to be delivered by m:art to the client.
For each project, the client will receive a quotation outlining the project brief. We will begin work upon the clients written or oral approval of the quotation. Quotations are valid for 30 days.
Unless otherwise agreed in writing by m:art, all clients will be required to pay 50% of the project cost (where the total cost is £500 or more) before work can begin and the balance is due upon artwork approval. All printed matter must be paid for in full prior to going to print.
A 1.5% monthly service charge is payable on all overdue balances. The client shall be responsible for all collection or legal fees necessitated by late or default in payment.
All deliverables shall be deemed complete once the client has signed off the work or indicated satisfaction either verbally, in writing, via e-mail or post. If the client fails to communicate with m:art for a period of more than 30 days without explanation, the project shall be deemed satisfactory and complete.
The deposit paid to m:art covers the cost of design work carried out as well as any admin work and communication with m:art. The deposit is non refundable.
Payments may be made by cash, cheque, bank transfer.
Returned cheques will incur an additional fee of £50 per returned cheque. m:art reserves the right to consider an account to be in default in the event of a returned cheque.
Unless otherwise provided in the quotation the client shall pay additional charges for changes requested by the client which are outside the scope of the quotation on a time and materials basis. These will be charged at a pre agreed price between m:art and the client. Such charges shall be in addition to all other amounts payable under the quotation.
Errors and omissions
It is the clients responsibility to check all proofs carefully for accuracy. m:art is not liable for errors, such as typographic errors or misspellings and the client shall incur the cost of correcting such errors.
m:art retains the right to reproduce, publish and display the deliverables in m:art portfolios and Web sites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the deliverables in connection with such uses.
Full colour printing
All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that m:art shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter or any other materials supplied by the customer and the printed article the subject of the customer’s order.
Copyrights and Trademarks
Copyright is retained by m:art on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
By supplying text, images and other data to m:art for inclusion in the customer’s deliverables, 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.
By supplying images, text, or any other data to m:art, the customer grants m:art permission to use this material freely in the pursuit of the design.
Should m:art, or the customer supply an image, text or other data for use in the customer’s deliverables believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow m:art to remove and/or replace the item from the deliverables.
The customer agrees to fully indemnify and hold m:art 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
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of m:art, unless specifically agreed in writing.
m:art 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.
Unless specifically requested to the contrary, m:art shall be entitled to sub-contract any work to any third parties as it thinks fit. m:art shall not be responsible to the Customer for any delays occasioned by a sub-contractor failing to meet deadlines imposed upon it by m:art for completion of any job, for any reason outside the direct control of m:art.