All work is carried out by Pigg By Design on the understanding that the client has agreed to Pigg By Design’s terms and conditions.
Copyright is retained by Pigg By Design on all design work including words, pictures, ideas, visuals and illustrations (unless specifically released in writing) and after all costs have been settled. Unless a signed Non Disclosure Agreement (N.D.A.) is in place Pigg By Design retains the right to show any and all works in various online platforms inclusive but not exclusive to www.piggbydesign.co.uk, Facebook, Instagram and Twitter.
If a choice of design is presented, only one solution is deemed to be given by Pigg By Design as fulfilling the contract. All other designs remain the property of Pigg By Design, unless agreed in writing that this arrangement has been changed.
The client may accept a proposal by either returning a signed and dated copy of an estimate, emailing or sending in a physical purchase order or by accepting the proposal via the online service.
Payment & Charges.
At the time of the clients’s signed acceptance of a proposal, 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 Pigg By Design has received this amount.
Following completion of any project an invoice will be produced. Payment for this invoice will be made with 7 days of the issue date unless a payment plan has been prearranged. Any payment plan must be in place before work commences.
Payments may be made by cash, cheque, B.A.C.S or by PayPal (subject to a 3% surcharge).
Returned cheques will incur an additional fee of £50 per returned cheque. Pigg By Design reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Pigg By Design shall be considered entitled to remove Pigg By Design’s and/or the client’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 client of it’s obligation to pay the due amount. clients whose accounts become default agree to pay Pigg By Design reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks.
Pigg By Design holds no responsibility for text, images and other data provided by the client for inclusion into the project in any medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Pigg By Design on behalf of the client, will remain the property of Pigg By Design and/or it’s suppliers.
By supplying images, text, or any other data to Pigg By Design, the client grants Pigg By Design permission to use this material freely in the pursuit of the design.
Should Pigg By Design, or the client 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 client will agree to allow Pigg By Design to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold Pigg By Design free from any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
Alterations.
The client 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 client also agrees that Pigg By Design holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing.
Any design, copywriting, drawing, idea or code created for the client by Pigg By 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 Pigg By Design and any of it’s relevant sub-contractors.
All design work- where there is a risk that another party 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. Pigg By Design will not be held responsible for any and all damages resulting from such claims. Pigg By Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Pigg By Design responsible for any such loss or damage. Any claim against Pigg By Design shall be limited to the relevant fee(s) paid by the client.
Data Formats.
The client agrees to Pigg By Design\’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Pigg By Design in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail. Supplying handwritten documents may incur a surcharge based on a £25 per hour rate for typesetting.
Where as all proposals will include some basic image adjustments should any images supplied by the client be deemed unfit for purpose and no alternate offered, Pigg By Design accepts no responsibility for the quality of the image (s) in the end project.
Website Design.
Once web design is complete, Pigg By Design will provide the client with the opportunity to review the resulting work. Pigg By 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 Pigg By Design by e-mail.
Pigg By Design will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.
Rights of Access for Website Construction.
The client agrees to allow Pigg By Design all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The client also agrees to allow Pigg By Design access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The client agrees to supply Pigg By Design with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Hosting websites.
Hosting packages are created for each individual project and are supplied within the proposal.
Domain Registration.
Pigg By Design cannot guarantee the availability of any domain name. Where Pigg By Design is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration. Pigg By Design recommends that the client be the one to register and have full control of the domain name.
Credit.
The client agrees to allow Pigg By Design to place a small credit on printed material, exhibition displays, advertisements and/or a link to Pigg By Design\’s own website on the client’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 client also agrees to allow Pigg By Design to place websites and other designs, along with a link to the client’s site on Pigg By Design’s own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal.
Pigg By Design will not include in its designs, any text, images or other data which it deems to be racist, other than that, anything goes provided it’s within any and all standards laid down by all relevant advertising standards authorities. Pigg By Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Pigg By Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow Pigg By Design to remove the contravention without hindrance, or penalty. Pigg By Design is to be held in no way responsible for any such data being included.
Cancellation.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Pigg By Design will need formal notification in writing to the company\’s postal address. 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 Pigg By Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer.
Pigg By Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Pigg By Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Pigg By Design 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 client agrees not to hold Pigg By Design responsible for any such loss or damage. Any claim against Pigg By Design shall be limited to the relevant fee(s) paid by the client.
Pigg By 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. Pigg By Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Pigg By Design and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time, colour variations on varying stocks and the flexibility to supply quantities within 10% of the total ordered. Pigg By 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.
General.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Pigg By Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Proposal and Terms and Conditions
The placement of an order for design and/or any other services offered by Pigg By Design and validated by the client’s signature on the estimate/proposal form or completion of online acceptance form, 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 Pigg By Design.