Turner Design Agency Terms & Conditions of Business

Last Updated 1st June 2016

Terms of the Contract

Having received a brief of requirements from the Customer, either verbal or written, Turner Design Agency will produce a quotation detailing the work to be carried out. The Customer must provide written confirmation that the quotation is acceptable. The quotation will effectively form the basis of this contract.

Copyright & Content

The client MUST own copyright, or have reproduction rights, of all artwork, trade names, photographs, and other materials supplied to Turner Design Agency for inclusion on the project. The client indemnifies Turner Design Agency against any costs related to the ownership of copyright or reproduction rights. The client accepts full liability for the consequences of the contents of their project as long as the project reflects the clients’ instructions to us.
Client’s logos, artwork, graphics and photographs remain the Copyright of the Customer. Design, graphics and programming produced by Turner Design Agency remain the intellectual property, of Turner Design Agency unless otherwise agreed.
Copyright of any programming, coding or scripting within the project will remain the property of Turner Design Agency and shall not be modified or reused without the express permission of Turner Design Agency.
Turner Design Agency retains the right to refuse publication of any content which it regards as indecent, obscene or offensive towards others.

Design Proofs

Where practical, Turner Design Agency will provide design proofs for the Customer’s approval. The design copyright of the proof shall remain the sole property of Turner Design Agency. Use of the design in any respect without the express written permission of Turner Design Agency will constitute breach of copyright.
Turner Design Agency will complete the design and build of the project after receiving written confirmation that the design proof is satisfactory.
Once Turner Design Agency has received written confirmation that the design proof is satisfactory, modifications to the design specification will be considered an amendment to the contract. All modifications must be confirmed in writing.

Invoicing, Payment & Tender Validity

A deposit of 50% of the quotation is required prior to commencement of work being undertaken.
Payments are due within 14 days of presentation of invoice. If due to bank charges, transfer fees, or the like, Turner Design Agency should receive less than its invoice amount, Turner Design Agency will re-invoice their Customer for the shortfall. In the event that any amount remains unpaid fourteen days after invoice date, Turner Design Agency reserves the right to discontinue, withhold, or suspend services to the Customer to whom such unpaid amounts relate.
In accordance with The Late Payment of Commercial Debts Act 1998 interest will be charged on all payments received outside of payment terms at the rate of 2% above the Bank of England base rate. All charges incurred by Turner Design Agency due to late payment or cheques that require representing or fees required to recover debts will be passed onto the Customer. Tenders and Quotes are valid for 30 days from the date of the Tender or Quote. All prices quoted may be subject to change without notice after this period.
Once Turner Design Agency has undertaken a commission for services, a cancellation fee of 75% will apply if the contract is terminated through no fault of Turner Design Agency. An interim invoice will also be levied for 75% of the total quotation value if project content is not received within 30 days of commission.

Domain Name & Hosting Renewals

Payment in full is required on all domain name and web hosting registrations and renewals. If payment is not received by renewal date, Turner Design Agency reserves the right to deactivate products and domains until such time as payment is made in full. Failure to pay for product renewals does not constitute cancellation and all domain and hosting renewals upaid at point of renewal will be subject to an additional administration charge of £49.99.
Domain name and hosting cancellations must be received from the legal registrant in writing by post 14 days prior to the product renewal date.

Disclaimer

Turner Design Agency cannot be held liable for any information contained within the Customer’s Web Site. The content of the Web Site remains the copyright and intellectual property of the Customer. The Customer is liable for any reasonable legal costs incurred by Turner Design Agency caused by the content of the Customer’s Web Site and agrees to indemnify Turner Design Agency for any awards made by a court of law.

Domain names and hosting services are obtained and held by Turner Design Agency on the clients’ behalf using third parties. Our client takes all risks in connection with the solvency and performance of such third parties. We act as our clients’ agent in these matters, and the client accepts that the third party has sole liability to provide such services.
No liability will be accepted for compatibility issues with code or any errors, omissions or failings of software code produced. Where in the instance that a time scale has been given, Turner Design Agency will not be responsible for any money lost to the client if the deadline is not met. Should Turner Design Agency waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Turner Design Agency to waive the same clause on any other occasion This contract shall be subject to English Law. Where it is held that Turner Design Agency is not entitled to rely on any term in this contract, then Turner Design Agency may also be allowed to cancel all rights and obligations under this contract, or to hold all other clauses as valid entirely at their sole discretion.