Terms & Conditions
By placing an order with Norwich Designer, you confirm that you are in agreement with and bound by the terms and conditions set out below. Said terms were last amended on Wednesday 15th May 2013 at 4:00pm.
The Client: The company, organisation or individual requesting the services of Norwich Designer.
Norwich Designer: James Higham trading as Norwich Designer and any employees or affiliates.
Norwich Designer will carry out work only where an agreement is provided either by email, telephone or mail. Norwich Designer will carry out work only for clients aged 18 years or above. An ‘order’ is deemed to be a written or verbal contract between Norwich Designer and the client, this includes telephone and email agreements.
The client agrees to make available as soon as is reasonably possible to Norwich Designer all materials required to complete the project to the agreed standard and within the set deadline.
Any additions to briefs provided will be carried out at the discretion of Norwich Designer and where no charge is made by Norwich Designer for such additions, Norwich Designer accepts no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
Norwich Designer agrees to create a custom web, logo or graphic design suitable for and satisfactory to the client and their business identity. Within the agreed timeframe or 10 business days of receiving the clients company information and deposit, Norwich Designer will create and deliver at least one design concept to the client, this will usually take the form of a still JPG image. An agreed amount of adjustments and tweaks will be made to the design until the client is completely satisfied.
Logo, Graphic and Business Stationery Design Delivery
After the final design concept is approved by the client and the client has paid the remainder of the invoice in full, Norwich Designer agrees to deliver the design to the client as a digital file (.png, .gif, .pdf, .jpg, .ai, .eps, and/or .pdf file formats) within 7 working days. Norwich Designer promises to deliver your finished logo or graphic design via email in digital image files of high enough quality to be printed on business related print goods and for web page display when payment has been made in full.
After the final website design concept is approved by the client, Norwich Designer will endeavour to build the clients website on a test server. After the uploaded website has been approved by the client and the client had paid the remainder of the invoice in full, Norwich Designer agrees to transfer the website to the clients server within 7 working days. In the case of the website being hosted by Norwich Designer, access will be given to the website admin area within 7 working days.
Norwich Designer will endeavour to ensure that any developed/designed website or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer 8 and to an acceptable level with the latest Mozilla and Webkit browsers, i.e. Firefox, Safari and Google Chrome. Norwich Designer can offer no guarantees of correct function with all browser software.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Norwich Designer cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
On receipt of full payment of the total invoice, all rights to the use of the concepts and final design in all media and business promotion will be automatically passed to the client. Norwich Designer reserves the right to display the logo, graphic or website for its business promotional use on its websites, posters, portfolio and other promotional material to promote the work of Norwich Designer. Norwich Designer also reserves the right to grant Starstruck Media Limited the rights to display the logo, graphic or website for its business promotional use on its websites, posters, portfolio and other promotional material to promote the work of Starstruck Media Limited. In the event of termination of this Agreement Norwich Designer owns the concepts and final designs and has the right to complete, exhibit, and/or sell the designs if it so chooses.
Websites, website graphics and any programming code created by Norwich Designer remain the property of Norwich Designer until all outstanding accounts are paid in full. Any scripts, CGI applications, php scripts, or software written by a third party remain the copyright of its original author.
It is not the responsibility of Norwich Designer to conduct a Trademark search and/or register the logo as a company Trademark.
Norwich Designer will not be liable for any costs incurred, compensation or loss of earnings due to: 1) the failure to meet agreed deadlines. 2) the work carried out on behalf of the client or any of the clients appointed agents. 3) the unavailability of the website, its servers, software or any material provided by its agents.
Norwich Designer will not be liable or become involved in any disputes between the client and any third party and cannot be held responsible for any wrongdoing on the part of the client.
Norwich Designer cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
The client retains the copyright to data, files and graphic logos provided by the client, and grants Norwich Designer the rights to publish and use such material. The client must obtain permission and rights to use any information or files that are copyrighted by a third party. The client is further responsible for granting Norwich Designer permission and rights for use of the same and agrees to indemnify and hold harmless Norwich Designer from any and all claims resulting from the client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the client to Norwich Designer that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Where a clients website is hosted on our server, we reserve the right to remove any material at our discretion.
The client agrees to give Norwich Designer more time in the case of illness, injury or events beyond Norwich Designer’s control. Norwich Designer will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
The client has the right to terminate this Agreement if Norwich Designer fails to complete concepts and designs within the agreed timeline, or if illness, injury or events beyond Norwich Designer’s control causes a delay of more than 60 days from the agreed delivery date.
Payment of Accounts
A deposit of 50% is required with all projects before any work is carried out. The deposit is non-refundable and covers the many hours of research and work undertaken by Norwich Designer. The client understands that they cannot claim any additional expenses, damages or claims based on the failure of Norwich Designer to complete the project.
It is the policy of Norwich Designer that any outstanding accounts for work carried out by Norwich Designer or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless prior arrangement with Norwich Designer.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. There are no exceptions to this, i.e. if the client decides they no longer want the completed work, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Norwich Designer will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Norwich Designer has not been contacted regarding the delay, access to the related website may be denied and web pages removed, completed logo and graphic designs will not be transferred to the client and the client will not own any rights to the designs created. We will then pass such cases to the Small Claims Court to pursue payment. Non payment can result in county court judgements (CCJ’s) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.
Norwich Designer does not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
Informal Complaints Procedure
Anyone who experiences a problem with their web service provided by Norwich Designer should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outline the grounds for complaint. Norwich Designer will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal Complaints Procedure
The formal complaints procedure should only be used when the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Norwich Designer, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
Our postal address is: 18 Poplar Close, New Costessey, Norwich NR5 0PT. You can email us using this page.