Definitions
‘The Client’ shall be defined as the person or company with whom goods and services are to be supplied to.
Terms & Conditions
The following terms and conditions apply to all services offered by Bro Design Studio. By ordering services from Bro Design Studio, you are agreeing to the following terms and conditions:
General
Bro Design Studio reserves the right to refuse to construct a piece of work which may be judged as unfit due to content or otherwise. This includes, but is not limited by, work containing adult oriented material such as pornography, work which promotes hatred towards persons belonging to any ethnic group, religion or sexual orientation and work which infringes copyright or are contrary to European laws.
The acceptance of a commission shall be deemed as a contractual agreement between the client and Bro Design Studio where agreement is provided either by email, telephone or post. Bro Design Studio cannot always guarantee to start work immediately on a commission, but will arrange a date with the client as to when work can commence.
The client agrees to make available as soon as is reasonably possible to Bro Design Studio, all materials required to complete the work to the agreed standard and within the set deadline.
All material, both text and images, supplied by the client and used in the construction of the client’s work, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
Bro Design Studio promises that it will hold and maintain in strict confidence any confidential information that you provide (such as proprietary technical or business information), and will not disclose such information to any third party except as may be required by a court or governmental authority.
Payment
Once the work has been designed and completed, the client will be invoiced and the full balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the work, because they have commissioned the work, they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. Once full payment is received for the work, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered.
Bro Design Studio agrees that the fee the client owes will cover in full all of the work listed in the initial quote. The client agrees that if asked to make changes or do other work for the client that is not covered in the original quote, an hourly rate will be applied to this work and this payment will be in addition to all other amounts owed by the client. The client also agrees that if they ask Bro Design Studio to do work outside the scope of the initial quote, extra time will be required to send the final files for the design(s).
Any payment returned by the bank or credit card company will incur a £50.00 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the client.
Bro Design Studio reserves the right to alter prices at any time without notice. If a client has commissioned any services from Bro Design Studio prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
Copyright
The client understands and agrees that until payment is made in full, Bro Design Studio will own full rights to each and every original design created for the client. If the client does not pay in full, the client agrees that Bro Design Studio can complete, exhibit, use and sell the design(s) at its sole and absolute discretion. The client also agrees that Bro Design Studio own all of the concepts created before the client select the final design(s).
Bro Design Studio understands and agrees that after the client pays in full, the client will own rights (as defined in this document) to the final design(s) that the client approves and Bro Design Studio creates. The client understands and agrees that Bro Design Studio owns all of the concepts / preliminary designs created before the client selected the final design(s), except for elements in those concepts that are incorporated into the final design(s) that Bro Design Studio delivers to the client. The client will receive rights for the final design(s) only. The client agrees that Bro Design Studio will retain the right to use the final design(s) and all preliminary designs in design competitions, publications on design, educational purposes and in marketing Bro Design Studio’s business (including through social media). The client will be solely responsible to make sure that the design(s) Bro Design Studio creates for the client will be available for use in commerce and protectable under trademark law.
Bro Design Studio agrees that after the client pays in full, the client may make any changes or additions to the design(s) Bro Design Studio creates for the client, which the client in its discretion may consider necessary, and the client may engage others to make any such changes or additions, without further payments to Bro Design Studio. The client agrees that if asked to make changes or additions to the design(s) after the client approves the final files, the client and Bro Design Studio will negotiate a separate additional payment for the time to make such changes.
If the work Bro Design Studio creates for the client includes the design of a logo, Bro Design Studio gives the client the full rights to use the logo design Bro Design Studio creates in any and all media without restrictions of any kind. Additionally, Bro Design Studio agrees that after the client pays in full, Bro Design Studio will co-operate with the client and execute any additional documents reasonably requested by you to evidence such assignment of rights.
For any non-logo design(s) that Bro Design Studio creates for the client, Bro Design Studio gives you the following rights: To print, publish or distribute the final design(s) in the format as supplied by Bro Design Studio only. The client shall not be allowed to re-create new artwork, or engage others to re-create alternative formats using the design(s) supplied by Bro Design Studio without the written permission of Bro Design Studio. The client agrees that they are not permitted to resell design(s) supplied by Bro Design Studio to a third party. If the client wishes to purchase a right that’s not listed in this paragraph, the client and Bro Design Studio will need to negotiate a separate license for such additional rights, and the client will pay a separate fee.
Liability
Bro Design Studio will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Bro Design Studio will not be liable for costs incurred, compensation or re-prints during the printing process once the final artwork has been agreed by the client and has been supplied to the print supplier.
The client is advised to check and approve all artwork proofs. If the client declines the opportunity to approve the artwork proofs, Bro Design Studio will not be liable for any costs incurred, compensation or re-prints during the printing process due to print or artwork errors.
If, during the development, the client does not supply the content required in order to complete the commission within a reasonable amount of time, Bro Design Studio will consider that the client wishes to cancel the commission.
Bro Design Studio reserves the right to withdraw its services and cancel any contracts with the client at any given time. The company shall issue notice of such action in writing.
Websites
Bro Design Studio makes every effort to design web pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been created.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Bro Design Studio cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.
Bro Design Studio will initially place the client’s website on the Bro Design Studio development server in order that the client may view and comment upon the website’s progress. When both Bro Design Studio and the client agree that the website meets the criteria agreed during the commissioning process, Bro Design Studio will publish the website on the agreed host’s server and invoice the client for the full amount due for the commission.
Bro Design Studio does not undertake to maintain or update a client’s website as part of the design commission. If a client wishes Bro Design Studio to maintain or update a website as a separate commission, Bro Design Studio will negotiate with the client a maintenance contract appropriate to the amount of work required. Website maintenance may also be undertaken on a time and materials basis if the client so wishes.
Miscellaneous
The client agrees that Bro Design Studio is an independent contractor and not an employee of the client. Although the client will provide general direction to Bro Design Studio, Bro Design Studio will determine, in its sole discretion, the manner and ways in which Bro Design Studio creates the design(s) for the client. The work that Bro Design Studio creates for the client under this agreement will not be deemed a “work-for-hire”. Whatever rights Bro Design Studio grants are contained in this document.
Bro Design Studio reserves the right to change or modify any of the terms and conditions.
Bro Design Studio Ltd. 01/20