TERMS OF BUSINESS
1. PRELIMINARY WORK: All work carried out, experimentally or otherwise, at the client’s request shall be charged unless otherwise agreed in writing.
2. SPECIFICATION: Any subsequent amendment to the specification detailed in your quotation/invoice could involve a price change.
3. TEXT: A charge may be made to cover copy not supplied on computer disc or e-mail. Where copy or a logo is supplied by the client in hard copy format (such as bromide, laser or a printed sample) a charge may be made to cover any additional work involved where copy supplied is not clear and legible.
4. PRINT MANAGEMENT: Please note that from January 2017 Fairways Design will no longer offer print management services to clients. For that reason we recommend that you liaise with your chosen printer regarding all print quotes, print specifications, print quantities, finishes, deadlines, deliveries etc. Upon Fairways Design sending your chosen printer your approved artwork the client fully accepts, that although we will endeavor to fix any artwork related issues prior to printing, Fairways Design will NOT be held responsible for any print related issues such as: choice of printers, print standards, print approval issues, technical print issues, colour issues, alignment/sizing issues, source file issues, finishing issues, print delays, print quotes/invoicing, print delivery, print deadlines, reprint costs or print scheduling issues. It is essential that the client orders a full size hard copy printed proof from their printer prior to printing.
5. CORRECTIONS: Our fees covers three sets of online proof corrections or ‘versions’ (see ProofHQ below) from first artwork proofing. An hourly rate of €65 (minimum charge €65) will be made to cover further sets of corrections or versions. If such a request is received for further changes, it shall be assumed that the client is aware of the additional charges associated and no alteration to previous quotations will be necessary.
6. PROOFS: PDF proofs of all artwork will be submitted for the client’s approval (which is required in writing or approved online) before going to print. Customers are requested to double check all details on every proof/version sent to you. This is important as liability will not be accepted by Fairways Design for any errors, typos or omissions once customer authorisation has been given.
PROOF-HQ: Fairways Design uses an online proofing system called ProofHQ. ProofHQ is a great way to get feedback and approval on all design work submitted to the client. The client will be sent a link to their proof via e-mail, this e-mail will also contain a list of instructions on how to use ProofHQ. The client can make as many comments/markups to any proof, however you are only entitled to three sets of online versions (or changes) for each project. An hourly rate of €65 (minimum charge €65) will be charged to cover additional versions (if required). If such a request is received for further changes, it shall be assumed that the client is aware of the additional charges associated and no alteration to previous quotations will be necessary. Please note that your proofs may be locked once you have made a decision. Fairways Design will hold your proof on the server for a maximum of one month after your final decision has been made. Please ensure to notify Fairways Design if you wish to keep a backup/record of all your ProofHQ comments, changes and requests made online to your proof otherwise these will be deleted after one month.
7. SIGN-OFF AND APPROVAL: Fairways Design require all artwork to be approved by the client in writing or via ProofHQ. Fairways Design shall not be held liable for errors, typographical, colour, mechanical or other costs including re-printing, press, magazine, television advertising or other media. It is important the client understands and accepts that Fairways Design will NOT take responsibility for any print related issues upon artwork approval.
Projects which have been approved or paid for by the client will be deemed as a completed project. Amendments or additions to completed projects will be considered as a new job and may therefore be quoted for as a new job per our hourly rate of €65 (with a minimum fee of €65).
8. CANCELLATION: Should work be suspended at the request of or delayed through any fault of the client, Fairways Design shall then be entitled to a fee for work already carried out, materials specially ordered and any other additional costs. The cancellation fee will be based on the original quotation.
9. DELIVERY & PRIORITY JOBS: Fairways Design will endeavour to keep to any completion dates agreed but shall not be liable for failing to meet these dates where the client fails to adhere to dates agreed or due to any delay from an act of God, illness or accident on Fairways Designs part. Please allow at least 4-6 working days lead-time from approval of quote for commencement of all design projects. If a project requires a lead-time less than 4 days from quote approval and depending on our current workload then a Priority Fee (+30%) will be applied to your estimate if we can accommodate your request. Please note that lead-times do not include any time required to assess your project which is required for preparation of quotations. Unless otherwise specified, the price quoted is for delivery of the work to the client’s address as set out in the estimate. A charge may be made to cover any extra costs involved for the delivery to a different or more than one address.
10. PRICE VARIATION: Outline of Costings and Estimates are based on the current costs of production and on information supplied and are subject to sight of job. Unless otherwise agreed, estimates are subject to amendments on or at any time after acceptance to meet any rise or fall in such costs. Any artwork, images, files, logos, or any other form of digital information supplied to a third party on foot of a client request will be charged at an hourly rate of €65 with a minimum charge of €65 plus the cost of the most appropriate medium used to transmit the required item. If such a request is received, it shall be assumed that the client is aware of the additional charges associated and no alteration to previous quotations will be necessary.
11. TERMS OF PAYMENT: In the case of new clients and in some unusual cases, payment terms are to be as follows:
A non-refundable deposit of 50% the quotation design cost/s (ex VAT) is payable at the start of the project. The balance of the design costs, including VAT, is payable 30 days from date of invoice. All new customers must paid a deposit as no work will begin until the full deposit has been received. Payment terms are strictly 30 days from date of invoice with NO phased payments. An interim invoice shall be raised on any project that extends beyond a one-month period. Please note that ALL deposits or payments received are only valid for up to 3 months from the date the deposit has been received by us, you are therefore requested to commence work on your project/s within that period or your deposit will be deemed void.
Payment Options: Preferred payments are Bank Transfer, Cheque or Cash. Please ensure to make cheques out to ‘Fairways Design’. Fairways Design do not offer phased payments.
Credit Card Payments: We accept credit card payments via a secure Stripe Ireland link on invoices. However, all Credit Card payments must be requested by the client first and will incur a 2.5% surcharge/admin fee on all deposit/invoice totals. Upon request by the client, the Credit Card payment facility will then be added to your invoice.
Bounced Cheque Fee: A strict fee of €65 will be charged to clients in relation to any cheque that is withdrawn from our account due to insufficient funds in the clients account. This fee is to cover lost of time/earnings due to travel and dealing with our bank on the issue.
VAT is charged at 23% on all invoices. All costs outlined here in our Terms and Conditions exclude VAT.
VAT NO. 6890368T
Other Costs: Fairways Design is entitled to make an additional charge for any work required in advance of any agreed timetable or for any agreed shortening of the contact period.
In addition to design fees, Fairways Design shall be reimbursed for all reasonable out of pocket expenses, actually and properly incurred in the execution of the commission. Such expenses can include hotel and travelling expenses, use of car, postage, long-distance telephone calls and so on.
Costs incurred by Fairways Design for third party supplies furnished at the client’s request or with the client’s approval (unless they are specifically covered in the design proposals or are converted under a fixed fee agreement) shall be charged separately, this includes any third party VAT costs or delivery costs. A handling fee of 15% is applied to all outside costs.
The client shall provide Fairways Design, free of charge, with a reasonable number of specimens of any work carried out in connection with the commission.
Quotations, Invoices and Statements: Clients will be issued with a secure username/password to access the Fairways Design Online Customer Account Area (Freshbooks) for access to all quotations, invoices and statements. Please note that all invoices, quotations and statements are only issued via the Fairways Design Online Customer Account Area as PDF downloads (these documents are no longer printed on company headed paper). Any claim respecting invoices must be made within 5 working days of invoice date, otherwise claims cannot be entertained. Any modifications to invoices, quotations or statements at the request of the client will be charged at EUR35 per document. Modification to invoices or quotations after 30 days of issue cannot be entertained.
Main Street, Midleton, Cork
NSC: 93-41-27 A/C No: 33225010
AIB’s SWIFT Address (BIC): AIBKIE2D
12. STRICT LATE PAYMENT FEES: Invoices remaining unpaid after 30 days will be strictly automatically assessed with a late fee interest at 15% PER MONTH on the invoice subtotal and other projects, if applicable, will be put on hold until full payment for invoice/s has been cleared. If your invoice is not resolved within 90 days of issue we reserve the right to commence legal proceedings to recover the debt without further notice to you, and you will be responsible for all associated legal fees or collection costs.
13. DELAYED/POSTPONED COMMISSIONS: If any phase of a commission is delayed or postponed by the client without substantial alteration within a period of 30 days then Fairways Design will invoice for work completed to date regardless if a project has not been completed. The resumed commission shall be deemed to constitute a separate contract for which fees shall be negotiated.
14. COPYRIGHT: The universally recognised law of copyright applies to all work undertaken by Fairways Design. It serves to protect Fairways Design and its clients from plagiarism and unauthorised use of any work that Fairways Design has created. In all cases Fairways Design acts as the guardian and is the full copyright owner of any piece of work it has created, and thus ensures protection of abuse and incorrect use of its original copyrighted work on behalf of clients. Note: the fee paid by the client for a design, website or artwork by Fairways Design covers one-time reproduction rights only. If further reprints or additional work is commissioned using the same design(s) or artwork, a reasonable fee will be applicable for copyright purposes.
Where illustration or photography is involved, the creator (such as the illustrator or photographer) retains the copyright on the illustrations(s)/photograph(s) unless an ownership fee has been previously agreed. Source artwork files remain the property of Fairways Design unless an ownership fee of these files has been previously agreed in writing. In the case of tenders, regardless of a presentation fee, and where Fairways Design is unsuccessful, the design solution presented remains the copyright property of Fairways Design and may not be used for any other applications without first consulting Fairways Design. In all cases, work created by Fairways Design is copyrighted by them and therefore may be accredited thus on material.
The design or any other work carried out during the course of the commission must not be used for any purpose other than that for which it was commissioned without the prior written approval of Fairways Design. In no circumstances may any work in rough form be used or published as finished work without the prior written approval of Fairways Design. The client may not either use or alter artwork without the permission of Fairways Design.
Logo/brand design copyright: Upon receipt of payment the client has copyright over all logos designed by Fairways Design and can use their logo where and when they want. However, the client must not, in any way, alter or change the appearance of their logo design. If the client requires any alterations to their logo then they must inform Fairways Design.
15. TERMINATION OF AGREEMENT: Any agreement between Fairways Design and client shall terminate if either party commits a breach of agreement and fails to remedy it within 14 days of receiving notification from the other party. Such notification must specify the nature of the breach and outline a remedy. On termination or postponement of the commission, or any part of it, for any reason, Fairways Design is entitled to full remuneration for the work completed to date, together with all expenses. Fairways Design shall retain the copyright upon completion, even if the fee agreed in advance for the work has included assignment of the copyright.
16. APPROVAL: Written or Online approval (FreshBooks Customer Account) of the quotation and terms and conditions is required prior to commencement projects. If, however, such approval has not been received prior to first presentation, the attendance of the client will be an implicit agreement to both the quotation and the associated terms and conditions. Approval of these terms and conditions and quotations is only required from one member of any company or organisation.
17. RIGHT TO CHANGE: Fairways Design reserves the right to update the Terms and Conditions of contract at any time during, or prior to the commencement of any project.
18. TERMINATION: Where Fairways Design provides services on an ongoing or continuous basis, Fairways Design will provide the Client with one month’s notice of termination, or of any changes to relevant prices and conditions.
- Fairways Design may terminate the agreement with the Client at any time.
- In the event of any of the below terminations, Fairways Design reserves the right to charge the Client for the time spent on the Client’s project including time spent in communication with the Client in relation to any of the matters below at up to a rate of €80 (ex VAT) per hour plus a project cancellation charge of up to 40% of the remaining fees due.
- Should the Client change the purpose of their existing website and request updates or update themselves via a Content Management System a website so that the original aims and purposes of a site are no longer the same or similar to what was agreed in an original contract.
- Should the Client fail to make a payment within 7 days of being notified that a due payment has not been made.
- Should the Client go into liquidation or have a receiver/ administrative receiver appointed over any of its assets.
- If the Client is in breach of any term of this agreement and the breach is incapable of remedy or, if the breach is remediable, it continues for a period of 15 days after written notice requiring the breach to be remedied has been given to the Client
- If, in Fairways Design’s sole opinion, the Client is using Fairways Design services in a way likely to damage or bring disrepute onto Fairways Design and the Client does not immediately desist from this use on written notice from Fairways Design to this effect.
19. OTHER CONDITIONS: The Client agrees to pay for Fairways Design services within 30 days of invoice date unless explicitly agreed otherwise in writing by Fairways Design. Fairways Design reserves the right to add a penalty rate of 15% per month to your invoice subtotal after 60 days if unpaid.
- You are permitted up to 3 rounds of revisions (or 2 hours our time making changes). Additional time, if required, will be charged extra as per our hourly rate of €65 on your invoice.
- During some developments Fairways Design may provide any service by means of third parties at its sole discretion.
- Fairways Design may appoint people working on contract basis for Fairways Design to work on any project.
- Fairways Design will take all reasonable care in its undertaking of work for a Client to ensure that it is freed from errors. However, the Client warrants the understanding and acceptance that, as it is not possible to guarantee freedom from errors.
- Fairways Design will take reasonable care to ensure its assessments, audits and recommendations to a Client are soundly based and aimed at completing the agreed tasks to a professional standard. Where the Client undertakes actions following recommendations from Fairways Design the Client accepts that responsibility for any subsequent outcomes from this, remains with the Client.
- The Client may agree additional work at any stage with Fairways Design. This may be subject to additional fees which may not be the same as fees for the same services previously rendered to the Client. The terms and conditions as outlined here will apply to the additional work unless explicitly varied by agreement between the two parties.
WEB DESIGN & DEVELOPMENT TERMS
For the purposes of this contract, development in most cases will refer to the development of a website or other media piece agreed by a Client and Fairways Design.
Client: The Client is the person entering into an agreement with Fairways Design for the purchase of services usually, but not restricted to, website development and other associated media.
Fairways Design: Glen McArdle (trading as Fairways Design) is the vendor and provider of services.
The Client agrees to be bound by the following terms and conditions of web development. Any amendments to the following must be mutually agreed.
1. Development Process
- Fairways Design agrees that all of the business affairs and information of the Client are to be kept confidential except where necessary for the execution of their services for the Client.
- Fairways Design is not responsible for any website or website development hosted through a provider other than hosting providers recommended by Fairways Design.
- Fairways Design is not responsible for search engines crawling and ranking websites while they are in a testing area or in development stage.
- Fairways Design is not responsible for loss or damage to client’s data due to sever issues or hacking of a website or other online system.
- To ensure the timely completion of your project Fairways Design will only accept your website content though via our online website organisation/structuring application called JumpChart.
- Fairways Design is not responsible for spamming, phishing, pharming or spoofing originating from a clients website or online system.
- Fairways Design is not responsible for the management of e-mail or for any e-mail related issues suffered by the client, the client must therefore contact their hosting support team directly for ALL e-mail related queries and/or issues.
- All intellectual property rights in materials provided by the Client for its website remains the Client’s property. Subject to this, all intellectual property rights in software, design work or