Icon Creative Limited is hereinafter referred to as ‘The Company’.
All services, as itemised in the quotation given to the customer, and forming the full extent of any order placed by the customer, form the basis of the contract between the Company and the Client.
The placing of an order expresses acceptance of our Terms of Business. If applicable, orders must be accompanied by a purchase order signed by the appropriate representative of the Client.
It is not necessary for a Client to have signed an acceptance of these terms and conditions for them to apply.
Cancellation of orders
Cancellation of orders will not be accepted other than by prior mutual agreement. Any such agreement will be subject to a cancellation charge to cover costs incurred, in addition to payment in full for all work undertaken prior to the date of agreement of the cancellation.
Estimates / Quotations
Unless otherwise stated an estimate is open for acceptance for a period not exceeding 30 days from the date of supply. Estimates are based on the current costs of production and agreed hourly rates and are subject to amendment on or after the acceptance of the estimate.
The Company reserves the right to re-quote if, on inspection of a Client’s order or instruction, it is found to be different from the original brief. A charge may be made to cover any additional work involved where copy supplied is not clear and legible; The Company will advise the additional charge prior to commencement of work.
Where the client wishes to make changes to the creative brief, the Company will revise the estimate.
If changes are requested during work in progress, these will be charged at an agreed hourly rate. Where amendments result in an adjustment to charges and/or timescale for performance of the services, we shall notify you prior to continuing the services.
Updates or alterations that are requested once a project has been signed off and invoiced, will incur additional charges and we shall notify you prior to continuing the services.
All prices are exclusive of VAT, which will be charged at the rate ruling at the time of invoicing.
Invoices will normally be issued on full and satisfactory completion of a job according to the agreed job description. The Company, however, does reserve the right to invoice at any stage of the job for work undertaken to date by arrangement with the Client. Any queries regarding an invoice must be notified to The Company in writing within 7 days of the date of the invoice.
The Company may terminate any contract should any sum due thereunder remain unpaid. Should work be suspended at the request of or delayed through any default of the Client for a period of 30 days The Company shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage. Should expedited delivery be agreed and necessitate overtime or other additional costs, an additional charge may be made.
New clients will be charged 50% of the project cost in advance of work commencing and will revert to our standard invoicing terms on completion of the initial project.
Sizable digital and web projects will be invoiced over 3 phases with 50% being billed in advance and two payments of 25% being billed at agreed intervals.
If any invoice remains overdue beyond 30 days, the Company reserves the right to suspend all website, email and hosting accounts until payment is made in full to them by the Client..
Terms of Payment
Where no other terms have been specified The Company’s terms of payment regarding established credit accounts are payment in full within 14 days of the date of invoice. In the case of new business the terms are strictly payment by return until a credit account has been established. In the event that any invoice remains unpaid after 30 days, the Client agrees to pay interest on the total outstanding amount to The Company at a compound rate of 15% per month or part month until the account is settled.
Delivery and Payment
(a) Where the client is the ultimate user then delivery of work shall be accepted when tendered and thereupon, or on notification that the work has been completed, the ownership shall pass provided that payment has been made in full; (b) Where the client is an intermediary whether acting in law as principal or agent then delivery of work shall be accepted when tendered or when requested by us. Ownership shall not pass until payment has been made in full. From delivery and until payment, goods must remain clearly identifiable as our property; (c) Should expedited delivery be agreed and necessitate overtime or other additional cost, an extra charge may be made; (d) Should work be suspended at the request of or delayed through any default of the client for a period of 30 days or more we shall then be entitled to payment for work already carried out and materials specially ordered.
If you are in a rush and need a project completed urgently, we offer special “rush rates” where we can promise that your project would be moved to the front of the line and started as soon as possible. You will be charged an additional 50% on the total for the project. Eg. if the project is normally £100, with the rush fee, the project would total £150. The Client will be notified in advance of work commencing, should a rush fee apply.
The Company will make every effort to ensure orders are completed within the stated time, but will not accept any liability for damages in the event of failure to do so. Should delays be experienced in the completion of an order the Client does not have the right to cancel the order, either entirely or in part.
If the performance of any services are prevented or delayed by any act or omission by the Client, then the Company shall have the right to suspend performance of the services until the Client remedies any such act. In such an event, the Company shall not be liable for any costs or losses sustained or incurred by the customer as a direct or indirect result of the failure or delay to perform services.
All design and artwork carried out, whether experimentally or otherwise, at Client’s request shall be charged at our prevailing rates unless by prior agreement.
The Company reserves the right to use both initial creative concepts and final approved design work for the purposes of the Company’s marketing activities (both online and offline) unless otherwise requested/agreed with the Client.
Where we produce multiple creative concepts, you are entitled to choose and use only one of the concepts representing the Creative Brief. If you wish to use additional versions, we can discuss this with you, subject to agreement on additional charges. Any other concepts not chosen by the Client remain the property and copyright of the Company.
By placing an order the Client declares his right to reproduce all material supplied. The Client assumes absolute liability for any violation of copyright in any action brought by a third party and agrees to indemnify The Company against any resulting losses or damages. The Company retains the copyright to all original designs and artwork produced by The Company, unless otherwise stated on the original accepted estimate. The Company may hold templates and work by prior arrangement with the Client for use in future orders placed with the Company upon payment of an agreed sum.
The Company will, at its discretion, provide the Client with final artwork (e.g. print ready PDF). The Company does not by default provide Clients with original artwork, HTML code or any working or development files, rejected concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with the Company.
The Company cannot guarantee the Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore the Company will not accept liability for any alleged claim from the Client or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.
Client’s property and all property supplied to us by or on behalf of the client will be held, worked on, and carried at client’s risk.
Trades Descriptions Act
Sizes quoted are approximate only and on occasions can be fractionally over or under the size quoted.
PRINT AND PRODUCTION
The Company employs the most modern methods of working and takes into account, wherever technically possible, requests regarding colour matching. Without specific instructions or a colour guide, reproduction of colour will be deemed faithful at the discretion of The Company.
Variations in Quantity
Every endeavour will be made to deliver the correct quantity ordered, but quotations are conditional upon margins of ten per cent for work being allowed for overs or shortage.
Proofs / Author’s Corrections
Unless otherwise stated on the original accepted estimate, Client’s corrections on or after second proof, including alteration in style, will be charged extra. Proofs of all work may be submitted for Client’s approval, and no responsibility will be accepted for any errors in proofs passed by the Client.
Exhibition work will be subject to a 50% deposit of the total value of the order at the time of placing the order. The remainder becoming due in line with our normal terms of payment.
WEBSITE, DIGITAL PROJECTS & SOFTWARE DEVELOPMENT
Website Third Party Updates
For websites that have been built upon the WordPress platform, please be aware that WordPress irregularly makes updates, which means that the Company may need to make amendments to your website to ensure it continues to work effectively.
The Company will respond if informed of a critical change (by WordPress) or should the Client identify an error in functionality. Please note, the Company cannot be held responsible for any functionality failure caused directly by an update to WordPress or a plug-in of which we were not made aware. The Client will incur a charge for any amendments/updates that are required and we shall notify you prior to continuing the services. Please note, WordPress updates are not considered to be maintenance of a website.
The Company cannot predict changes and modifications to how third party organisations (e.g. Google, Facebook, YouTube etc.) operate or provide data. Therefore, any re-configuration of your website or otherwise to accommodate such changes shall incur an additional charge.
The company will endeavour to make all websites as secure as possible. However, the Company cannot be held responsible for any hacked or compromised websites. If the Client identifies an issue with their website or upon checking we identify a problem, the site can be taken offline. The Company accepts no liability if a website is hacked and The Client will incur a charge for any amendments/updates that are required to make the website safe.
The Company may purchase domain names on behalf of the Client, the cost of which will recur annually (or at another interval in accordance with the purchase arrangement). Domain name registration fees are not refundable.
The Company offers website hosting and database hosting services on our own virtual private servers, through the use of third party providers. For peace of mind, in the event of any unforeseen damage caused to Client websites, our host will store one daily, one weekly and one monthly backup with no retention. Website hosting comes with a 99% uptime guarantee.
Intellectual Property & Ownership
What You Own
Design and Visuals – the combination of visual assets that make up your website such as your brand, colours, interfaces, typography, images, and any other visual components.
Content – all of the text content on the website, including any multimedia such as photography and videos . Stock photography is licensed to your company, meaning that you have a license to use photographs on the website but you don’t own them.
What You Do Not Own
Domain - Even though you are a registered owner, the domain registrar gives you an exclusive right of its use, similar to a phone number, therefore you do not technically ‘own’ the domain.
Web Server – Unless you actually purchased your server and collocate it with a hosting company, you are either renting a server or a shared space on a server.
Web Platform – this is the software that runs on a server in order for your website to function. Common web platforms on which our websites run are Windows (IIS, ASP .NET and MS SQL) or LAMP (Linux, Apache, MySQL and PHP).
Database – this is the software that allows for your data to be stored on a server (such as MySQL, Oracle, MS SQL, etc.). You don’t own the software but you own the data.
Content Management System (CMS) – this is the application that allows you to update and manage content on your website. The CMS is owned by the web developer or a respective software company (or by community, if it is open-source). You own the content but not the software.
Custom Source Code – Unless specifically agreed in writing, prior to the commencement of your project, you do not own the source code that makes up features and functions of the website.
The Company will not accept liability beyond the cost of the Client’s original material and should this have an intrinsic value beyond that of the material itself then the Client will have been assumed to have effected all risks insurance to the extent of that value.
The Company shall not be liable for indirect or consequential loss or for any loss to the Client arising from third party claims occasioned by errors in carrying out the work or by delay in delivery.
The Company will not be responsible for errors that occur in the absence of written instructions or in the case of ambiguous and unclear instructions. Complaints must be notified within four days of receipt of work.
Every effort will be made to carry out the contract but it’s due performance is subject to cancellation or variation by The Company as thought necessary as a result of inability to secure labour, materials, or supplies or as a result of an Act of God, War, Strike, Lockout or other labour dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond The Company’s control.
The Company shall in respect of all unpaid and undisputed debts due from the customer have a general lien on all goods and property in hand and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property as The Company sees fit and to apply the proceeds towards such debts.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of Northern Ireland.
In accordance with GDPR, should the Client wish for the Company to handle or process any of their customer data or to provide systems to process personal data, it is the Client’s legal responsibility to ensure the processes requested of us are data compliant. It is also the Client’s responsibility to ensure they have obtained consent from the individuals for the personal data they pass over to us for processing.
The Company will only use the Client’s personal data to administer your account and to provide the products and services you have requested from us. We will not use this information for unauthorised marketing purposes or pass your information to any third parties.