The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Chris Jepson trading as Piranha Creative Consultants (also known as Piranha CC, Piranha Design or simply Piranha).
All design work is carried out by Piranha on the understanding that the client has agreed to abide by Piranha’s terms and conditions. Copyright of all graphic design work is retained by Piranha including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing). Even the payment is done, moral rights* will remain Piranha’s property. If multiple design concepts are submitted, only the final approved artwork concept is deemed by Piranha as fulfilling the contract. All other artwork designs remain the property of Piranha, unless agreed in writing.
- Project Acceptance
At the time of proposal, Piranha will provide the customer with a written estimate or quotation via email as requested. The client is to respond an official order in reply to the estimate or quotation which binds the client to accept Piranha’s terms and conditions. No work on a project will commence until Piranha receives customer’s approval.
- Design Fees
Fees for design services to be provided by Piranha, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed 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 on projects worth over £1,000. Work on the project will not commence until Piranha has received this amount.
- Charges for Other Services
Charges for any additional services over and above the estimated design, will be made known to the client. They will become fully payable at the time of project acceptance.
The client will be asked to provide artwork sign off before being issued with 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, may incur an extra charge of 8% plus the Bank of England base rate per month of the outstanding amount. Payments are accepted only by bank transfer.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Piranha shall be considered entitled to remove Piranha’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 Piranha reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
- Copyrights and Trademarks
By supplying text, images and other data to Piranha 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 Piranha on behalf of the customer, will remain the property of Piranha and/or its suppliers. The client will receive a full license to use of the final artwork upon receipt of full payment. However, moral rights will remain Piranha’s property. By supplying images, text, or any other data to Piranha, the customer grants Piranha permission to use this material freely in the pursuit of the design and to utilise the designs in Piranha’s portfolio unless agreed otherwise. Should Piranha, 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 Piranha to remove and/or replace the file. The customer agrees to fully indemnify and hold Piranha 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.
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 any amendments, modification or development of Piranha designs must be carried out by Piranha unless waived in writing. The customer agrees that Piranha 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 Piranha, or any of it’s contractors, is licensed for use by the client flexibly within the bounds of common sense and may not be modified or re-distributed in any way or form without the express written consent of Piranha and any of it’s relevant sub-contractors. All design work where there is a risk that another party may make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Piranha will not be held responsible for any and all damages resulting from such claims. Piranha is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Piranha responsible for any such loss or damage.
- Data Formats
The client agrees to Piranha’s definition of acceptable means of supplying data to the company. Text is to be supplied to Piranha in electronic format as standard text (.txt), MS Word (.doc) via email. Images which are supplied in an electronic format, are to be provided via electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Piranha will not be held responsible for any image quality which the client later deems to be unacceptable. Piranha 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.
- Design Project Duration
Any indication given by Piranha of a design project’s duration is to be considered by the customer to be an estimation. Piranha cannot be held responsible for any project over-runs, whatever the cause.
- Design Project Completion
Piranha considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
- Website Design Only
Once web design is complete, Piranha will provide the customer with the opportunity to review the resulting work. Piranha will make one set of minor changes at no extra cost within 21 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 Piranha via email. Piranha will consider that the client has accepted that the design is completed, if no notification of changes is received in writing from the customer, within 21 days of the start of the review period.
- Hosting websites
Piranha offers a limited hosting service through an out-sourced server. Piranha does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Piranha may request that clients change the type of hosting account used if that account is deemed by Piranha to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for Piranha’s hosting service are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and Piranha are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
- Duration and Renewal of Hosting Services
Unless otherwise specified, services are provided for a minimum contract term of 12 months and unless contacted by the customer, the contract will expire at the end of the term.
- Design Credits
The customer agrees to allow Piranha to place a small credit on printed material, exhibition displays, advertisements and/or a link to Piranha’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 Piranha to place all designs on Piranha’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
- Rights of Refusal
Piranha will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Piranha also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Piranha does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Piranha to remove the contravention without hindrance, or penalty. Piranha is to be held in no way responsible for any such data being included.
Cancellation of orders is accepted only by email. 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.
- Suspension of the project
If there is no progress on the project (no notification from the customer) for more than 90 days, Piranha will consider the project is completed and the amount for all work completed will become due.
Piranha makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Piranha will not be held responsible for any and all damages resulting from products and/or services it supplies. Piranha is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Piranha responsible for any such loss or damage. Piranha 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. Piranha will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Piranha 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. Piranha 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.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Piranha reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
- Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Piranha and validated by the customer’s agreement to 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 Piranha.
* Moral Rights
Works often mean more than just the economic value they can generate from their exploitation they can be very special to the person who creates them as they have invested a lot in the work, emotionally and/or intellectually. As a result, copyright works need to be protected in ways that are different to traditional forms of property. Moral rights protect those non-economic interests. Moral rights are only available for literary, dramatic, musical and artistic works and film, as well as some performances. Unlike economic rights, moral rights cannot be sold or otherwise transferred. However, the rights holder can choose to waive these rights. There are four moral rights recognised in the UK:
- The right to attribution
This is the right to be recognised as the author of a work. This right needs to be asserted before it applies. For example, in a contract with a publisher, an author may state that they assert their right to be identified as the author of their work.
- The right to object to derogatory treatment of a work
Derogatory treatment is defined as any addition, deletion, alteration to or adaptation of a work that amounts to a distortion or mutilation of the work, or is otherwise prejudicial to the honour or reputation of the author.
- The right to object to false attribution
This is the right not to be named as the author of a work you did not create. This would prevent, for example, a well-known author being named as the author of a story they did not write.
- The right to privacy of certain photographs and films
This right enables someone who has commissioned a photograph or film for private and domestic purposes to prevent it from being made available or exhibited to the public. For example, this would allow you to prevent a photographer from putting your wedding photographs on their website without your permission.