Terms & Conditions
These policies encompass our website becksneale.co.uk (our site/ sites). Becks Neale and Inkshed Design Studio are trading names of Inkshed Ltd.
Index
Rights & Ownership – Design Identity
Project Acceptance / Procedure
Copyright & Trademarks
Payment
Cancellation
Disclaimer
The following Terms and Conditions of Service apply to all artwork, graphic design, and services provided by Inkshed Design Studio. All design work is carried out by Inkshed Design Studio on the understanding that the client has agreed to abide by Inkshed Design Studio’s terms and conditions.
Rights & Ownership – Design Identity
Rights: design identity services provided by Inkshed Ltd shall be for the exclusive use of the client other than for Inkshed Ltd’s own promotional use and inclusion within Inkshed Ltd’s portfolio (online, digital and in printed form). Upon payment of all fees and expenses, the following reproduction rights for all approved final logo designs created by Inkshed Design Studio for design identity projects shall be granted:
a) Client to gain full transferable rights to brand identity
b) Client to gain full license to reproduce brand identity works through commercial printers
Ownership: The client shall be entitled to full ownership of the final brand identity design upon full payment of the agreed fee. If multiple design concepts are submitted, only one concept is deemed to be given by Inkshed Ltd as fulfilling the contract. All other artwork designs remain the property of Inkshed Ltd, unless agreed in writing.
For all other design work the copyright remains with the creator and designer of the visual content (including but not limited to illustrations, icons, photographs) unless otherwise agreed in writing. Please see Copyright & Trademarks
Project Acceptance / Procedure:
At the time of design proposal, Inkshed Ltd will provide the client with a written estimate, detailing the brief, payment terms and conditions, permitted uses and timescales. A copy of the design proposal is to be signed and dated by the client to confirm acceptance and should be returned to Inkshed Ltd along with the design deposit payment. The signed proposal and/or deposit payment, binds the client to accept Inkshed Ltd’s terms and conditions and forms a Contract for Business between the signatory and Inkshed Ltd. No work will commence on a project until the monetary design deposit has been received and cleared by Inkshed Ltd. All quotes are valid for twenty eight days (28 days) from the date obtained unless otherwise stated. All prices quoted may be subject to change after this period.
The client can secure their design proposal by booking in their project in advance, with a non-refundable, booking deposit payment of £500. Commencement date must then be within six months (6 months) of design proposal.
The client will receive initial design concepts and digital design proofs via email, unless agreed otherwise, for approval and artwork sign off. Final payment in full is required prior to the artwork being prepared for print and released to the client, third parties or external service providers.
If Inkshed Ltd is project managing external service providers (including but not limited to print, web development) on behalf of the client, quotes will be obtained by Inkshed Ltd and sent to the client for acceptance. A non-refundable project management fee will be invoiced by Inkshed Ltd per external service requested in addition to time chargeable at an hourly rate to manage the project. Upon acceptance of a quote it will be deemed as the client’s agreement to be bound to the external suppliers terms and conditions. It is the clients responsibility to supply the content required and confirm in writing their approval of each proof in a timely manner and within timescales agreed. If applicable to the project, the client will be sent either digital proofs or print proofs as detailed in the quote. Please note any changes at this stage and beyond will incur extra charges. Once artworks have been released to client / commercial printer / or external suppliers, any amends or delays to artwork / product or deliveries are deemed beyond Inkshed Ltd’s control and Inkshed Ltd cannot be held liable.
Professional Services – contract / retainer
This Agreement remains in force and full effect until completion or terminated by either party by giving not less than one months’ (1 months’) written notice. In providing the Professional Services under this agreement, it is expressly agreed that Inkshed Ltd is acting as an independent contractor and not as an employee of the Client.
The Client reimburses from time to time reasonable and necessary expenses incurred by Inkshed Ltd in connection with providing the Services under this Agreement. All expenses must be pre-approved by client.
Copyright & Trademarks
Copyright of all artwork, images, graphic design or editorial (including but not limited to copy, concepts, ideas, proofs and illustrations) supplied and/or designed by Inkshed Ltd on behalf of the client, will remain the property of Inkshed Ltd and/or it’s suppliers (unless otherwise specifically agreed and released in writing), excluding Logo design in which full copyright will be passed to the client upon receipt of full payment.
Upon submission of all content and data from the client; design elements (including but not limited to fonts, logos, imagery, photographs, text), the client declares that they own the appropriate copyrights or permissions to use. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. Inkshed Ltd cannot be held accountable nor take responsibility for any content the client has provided. Inkshed Ltd reserves the right to refuse content deemed immoral, offensive, obscene or illegal.
The client agrees to fully indemnify and hold Inkshed Ltd free from harm in any and all claims, demands, losses, causes of action, damage, lawsuits, judgements, including legal fees and costs resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions. Any liability caused by, arising out of the work supplied by Inkshed Ltd shall be limited in its entirety to a proportional refund of any fees paid by you for the service or product.
Should Inkshed Ltd, or the client supply an image, text, or any other file for use within the design project believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Inkshed Ltd to remove and/or replace the file.
The client may request in writing from Inkshed Ltd, the necessary permission and or license to use design elements or material (for which Inkshed Ltd holds the copyright) in formats other than for which it was originally supplied, and Inkshed Ltd may, at its 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. Inkshed Ltd reserves the right to charge fees for additional use.
All information provided by the client will remain confidential. The client’s name, address, and contact details are required to fulfil services provided and legal obligations, however please be assured that Inkshed Ltd will never share the client’s details with third parties unless the client gives Inkshed Ltd their permission. Any emails or correspondence sent by Inkshed Ltd will only be in connection with the provision of agreed services and products.
The client also agrees to allow Inkshed Ltd to place all designs/work on its own website(s) for portfolio and demonstration purposes and to use any designs/work in its own publicity (digital or printed) unless agreed otherwise in writing.
The contents of the website becksneale.co.uk and social media accounts including their pages are protected by copyright (unless otherwise stated). Copyright © Inkshed Ltd. All rights reserved. The copying, selling or transmitting of any content or downloaded material is strictly prohibited without prior written permission. Any downloads, whether purchased or free, are exclusively for personal use only and may not be resold or distributed.
Payment
Payments may be made by bank transfer, card payment or PayPal to Inkshed Ltd. All fees are quoted in UK sterling (GBP). Client is responsible for exchange commissions and charges and any other additional expenses incurred in providing the Services under this Agreement. Any payment returned by the bank or credit card company will incur a £15 administration charge in addition to any charges made by the bank. This will be invoiced and will be added to the total outstanding debt owed by the client. All Paypal transactions are subject to the PayPal privacy policy.
Design work and consultancy – a non-refundable deposit of 50% of the total is due on acceptance of written estimate, unless otherwise agreed in writing. Amendments and alterations beyond the brief will incur extra charges, no further work will continue without the client’s written consent. The client agrees that Inkshed Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.
All communications and edits are chargeable at an hourly rate, billable in thirty minute (30 minute) increments. For urgent and/or out of studio hours work (outside of 9am-5pm Monday to Friday on a working day) a VIP (very important project) rate is chargeable at double the hourly rate (2x hourly rate).
Once final design approval is received from the client, payment in full is required before the design work is released for use/print.
All invoices of Inkshed Ltd shall, unless otherwise agreed in writing by Inkshed Ltd, be paid by the client within thirty days (30 days) of the date of invoice without deduction or withholding and free of set off or counterclaim. Time for payment shall be of the essence.
Inkshed Ltd shall be entitled to charge interest on overdue invoices from the date when payment becomes due until the date of payment at the rate of 6% per annum above the base rate of the Bank of England.
If the payment of the price or any part thereof is not made by the due date, Inkshed Ltd shall be entitled to:
a) Refuse to make delivery of any undelivered Services or Products whether ordered under an Agreement or not and without incurring any liability whatsoever to the client for non-delivery or any delay in delivery;
b) Terminate the Agreement.
Publication and/or release of design work done by Inkshed Ltd on behalf of a client, may not take place before funds have cleared.
Quotes for external services (including but not limited to print, web development) are independent of design quotes. The client does not have to print manage through Inkshed Ltd but if the client decides to do so, all payment for the cost of print, postage and packaging (if applicable) must be made before the files are sent to the printers or the orders are placed.
If for any reason whatsoever Inkshed Ltd are unable to provide an agreed product or service in accordance with these terms and conditions, Inkshed Ltd’s liability shall be limited in its entirety to a proportional refund of any fees paid by the client for the service or product.
Cancellation
Formal written notification to Inkshed Ltd is required to cancel an order or terminate a contract. 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 ordering. The balance must be paid in full immediately.
If, after project commencement, client communication (face-to-face, telephone, or email) stops for a period of sixty days (60 days), the project can be cancelled, in writing by Inkshed Ltd, and ownership of all copyrights shall be retained by Inkshed Ltd. A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion.
Disclaimer
Inkshed Ltd does not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that Inkshed Ltd are not responsible for the privacy practices, or content, of these sites. Inkshed Ltd encourages our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Inkshed Ltd cannot accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Inkshed Ltd will always do their best to fulfil the clients needs and meet their goals. The client agrees not to hold Inkshed Ltd responsible for any loss, consequential loss, non-delivery of products or services, whatever the cause. Any claim shall be limited to the relevant fee(s) paid by the client.
Please note: all design work is non refundable due to the bespoke nature of the service offered. If the print product is damaged or doesn’t match its description please contact Inkshed Ltd. Any claim shall be limited to the relevant fee(s) paid by the client.
In the very unlikely event of Inkshed Ltd being not able to complete the brief due to unforeseen circumstances, Inkshed Ltd reserves the right to appoint another designer or printer.
Inkshed Ltd reserves the right to change rates and any of the Terms and Conditions at any time and without
prior notice.
This Agreement is governed by the laws of England and Wales and the parties submit to the jurisdiction of the Courts of England and Wales.
If you have any concerns or require more information – please contact info@inkshed-designstudio.co.uk
20240207