Terms governing the use of our services
In these conditions “the client” means the person or company who has agreed to take out the services of Jared Pegler trading as Jared Pegler Designs, hereinafter referred to as “Jared Pegler Designs”. The deliverables means the services and work specified in the estimate to be delivered by Jared Pegler Designs to the client.
For each project, the client will receive an electronic or hard copy estimate outlining the project brief. Any work outlined will commence upon the client’s written or oral approval of the estimate. Estimates are valid for 30 days from the date specified on the document. In accepting or approving the estimate, you agree to enter into a contract with Jared Pegler Designs and accept the conditions outlined in these Terms & Conditions.
Unless otherwise agreed in writing by Jared Pegler Designs, all clients will be required to pay 30% of the project cost (where the total cost is £500 or more) before work can commence, and the balance due upon approval by the client. All printed matter must be paid for in full prior to going to print. Additionally, all web development and design requires payment in full before being positioned in a website folder accessible to the general public.
A 2% 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 or approved the work or indicated satisfaction either verbally, in writing, via e-mail or post. If the client fails to communicate with Jared Pegler Designs for a period of more than 30 days without explanation, the project shall be deemed satisfactory and complete.
The deposit paid to Jared Pegler Designs covers the cost of design, research or preparatory work carried out as deemed fit, as well as any administrative work and communication with Jared Pegler Designs. The deposit is non refundable.
The final invoice amount may vary by a maximum of 10% of each element outlined in the original estimate to account for unforeseen costs. For any decisions taken by the client to amend or change the original brief will be subject to a revised estimate for the proposed work, and the commencement of such changes must be approved by electronic, postal or verbal means.
Payments are possible by cash, cheque, bank transfer or PayPal®.
Returned cheques will incur an additional fee of £50 per returned cheque. Jared Pegler Designs reserves the right to consider an account to be in default in the event of a returned cheque.
Unless otherwise provided in the estimate the client shall pay additional charges for changes requested by the client which are outside the scope of the original estimate or subsequent estimates on a time and materials basis. These will be charged at Jared Pegler Designs’ standard hourly rate of £40 per hour. Such charges shall be in addition to all other amounts payable under the estimate and included in the final invoice amount.
Errors and omissions
It is the clients responsibility to check all proofs carefully for accuracy. Jared Pegler Designs is not liable for errors, such as typographic errors or misspellings and the client shall incur the cost of correcting such errors whether supplied electronically or physically. The cost of amendments and/or re-supplying tangible goods such as printed matter will be at the sole cost of the client.
Jared Pegler Designs retains the right to reproduce, publish and display the deliverables in its 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 unless a prior written agreement is obtained.
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 Jared Pegler Designs 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.
Within reason, with the exception of unknown circumstances or force majeure, Jared Pegler Designs will maintain your website hosting package and service, and correct any problems if deemed necessary. Website changes are chargeable at the prevailing hourly rate of work. If a client’s website content is deemed to be unfit, or contains illegal software, music, photos, phishing scripts, or other content that is likely to provide a detrimental effect to others, the client’s account may be terminated or suspended by Jared Pegler Designs for rectification by the client, at the client’s expense. Non payment, either as new business or renewal of services within a 30 day period from invoice date will result in a default, and suspension of service without recompense or claim. Jared Pegler Designs cannot be held responsible for any matters arising pertaining to the website hosting service outside of it’s control by third parties or Jared Pegler Designs’ suppliers. Under such circumstances please allow a period of 48hrs for correction of any problems during the working week (Monday to Friday).
Copyrights and Trademarks
Copyright is retained by Jared Pegler Designs 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 Jared Pegler Designs 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 Jared Pegler Designs, the customer grants Jared Pegler Designs permission to use this material freely in the pursuit of the design.
Should Jared Pegler Designs, 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 Jared Pegler Designs to remove and/or replace the item from the deliverables.
The customer agrees to fully indemnify and hold Jared Pegler t/a Jared Pegler Designs 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.
Equal Opportunity and Diversity Policy
The purpose of this policy is to provide equal opportunities to all and value the diversity of everyone. This includes taking into account: age, disability, gender reassignment, pregnancy & maternity, race, religion or belief, sex, sexual orientation, marriage and civil partnership, social class, caring responsibilities, HIV status or any other individual characteristic. We oppose all forms of victimisation and discrimination including direct, indirect, associative and perceived. Jared Pegler Designs will ensure that no one receives less favourable treatment for reasons associated with a protected characteristic. Everyone has the right to work in an environment free from harassment and bullying and we are committed to developing and maintaining a working culture that promotes dignity and respect. Jared Pegler Designs will work within all statutory requirements relating to equality of opportunity, including: The Equality Act 2010 Gender Recognition Act 2004 The Human Rights Act 1998. The commitment to equal opportunities in the workplace is good management practice and makes sound business sense.
Implementation and Responsibilities
It is in the best interest of both the company and its customers to utilise the skills of everyone and reach out to individuals to play their part in promoting equality and diversity. This will include being aware of our behaviour towards other people and ensuring that behaviour cannot be perceived as discrimination, harassment or bullying.
Moreover, this policy includes our commitment to provide services, which enhance accessibility to ensure equality for the end-users of our services. Jared Pegler Designs will endeavour to support our clients in their effort to design non-discriminative and accessible design and products.
This policy informs all Jared Pegler Designs documentation including the Business Plan, Annual Report and related activities and is specifically cross-referenced to the following policies, procedures and guidance: Health and Safety Recruitment and Selection Complaints Accessibility Welsh Language
© Jared Pegler Designs 2014