Here at Yellow Cherry Design we like to pride ourselves on customer relationships and we don’t speak any jargon – unfortunately as in all businesses there is jargon and this goes by the name of terms and conditions.
The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Yellow Cherry Design.
All design work is carried out by Yellow Cherry Design on the understanding that the client has agreed to abide by Yellow Cherry Design’s terms and conditions.
Copyright of all graphic design work is retained by Yellow Cherry Design including copy, concepts, ideas, proofs and illustrations until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by Yellow Cherry Design as fulfilling the contract. All other artwork designs remain the property of Yellow Cherry Design.
At the time of proposal, Yellow Cherry Design will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Yellow Cherry Design’s website. ( here it is!)
Fees for design services to be provided by Yellow Cherry Design, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Yellow Cherry Design has received this amount.
Charges for any additional services over and above the estimated design will become fully payable at the time of project completion. Clients would be notified of any additional costs prior to further changes to the price given on the quotation
The client will be asked to provide artwork sign off before followed by an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts, which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.
Payments may be made by Bacs, cash, cheque - Bacs details are shown on the clients invoice or quotation - Deatils are as follows -.............
Publication and/or release of work done by Yellow Cherry Design on behalf of the client, may not take place before funds have cleared, unless certain arrangements are agreed between both parties.
Returned cheque’s will incur an additional fee of £50 per returned cheque. Yellow Cherry Design reserves the right to consider an account to be in default in the event of a returned cheque. Payment in full is required prior to artwork being sent to print.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Yellow Cherry Design shall be considered entitled to remove Yellow Cherry Design’s and/or the customer's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Yellow Cherry Design reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
By supplying text, images and other data to Yellow Cherry Design for inclusion in the customer's brochure or other medium, 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.
Any artwork, images, or text supplied and/or designed by Yellow Cherry Design on behalf of the customer, will remain the property of Yellow Cherry Design and/or it's suppliers, excluding Logo design in which full copyright will be passed to the client upon receipt of full payment.
The customer may request in writing from Yellow Cherry Design, the necessary permission to use materials (for which Yellow Cherry Design holds the copyright) in forms other than for which it was originally supplied, and Yellow Cherry Design may, at it's discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. Yellow Cherry Design reserves the right to charge fees for additional usage.
By supplying images, text, or any other data to Yellow Cherry Design, the customer grants Yellow Cherry Design permission to use this material freely in the pursuit of the design and to utilise the designs in Yellow Cherry Design’s portfolio unless agreed otherwise.
Should Yellow Cherry Design, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium 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 Yellow Cherry Design to remove and/or replace the file.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The customer also agrees that Yellow Cherry Design holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Yellow Cherry Design, or any of it's contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Yellow Cherry Design and any of it's relevant sub-contractors.
The client agrees to Yellow Cherry Design’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Yellow Cherry Design in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail, or Facebook.
Images, which are supplied in an electronic format, are to be provided in a format as prescribed by Yellow Cherry Design via CD-ROM, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Yellow Cherry Design will not be held responsible for any image quality that the client later deems to be unacceptable. Yellow Cherry Design cannot be held responsible for the quality of any images, which the client wishes
to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Any indication given by Yellow Cherry Design of a design project's duration is to be considered by the customer to be estimation. Yellow Cherry Design cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds of the deposit are received by Yellow Cherry Design.
Yellow Cherry Design considers the design project complete upon receipt of the customer's sign off. Other services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Once web design is complete, Yellow Cherry Design will provide the customer with the opportunity to review the resulting work. Yellow Cherry Design will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Yellow Cherry Design by e-mail.
Yellow Cherry Design will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
The customer agrees to allow Yellow Cherry Design to place a small credit on printed material, exhibition displays, advertisements and/or a link to Yellow Cherry Design’s own website on the customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Yellow Cherry Design to place all designs on Yellow Cherry Design’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Yellow Cherry Design will need formal notification in writing for our records. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by
Yellow Cherry Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Yellow Cherry Design reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Yellow Cherry Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Yellow Cherry Design and its clients agree to comply with Printers Terms and Conditions, which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Yellow Cherry Design recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
Yellow Cherry Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
The placement of an order for design and/or any other services offered by Yellow Cherry Design and validated by the customer's signature on the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Yellow Cherry Design