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Terms & Conditions

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Below is Eek Design standard Terms and Conditions. Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us. By requesting designs and/or services from Eek Design you agree to our Terms and Conditions and you are aware that you are entering a binding contract – payment is required.

1. Introduction

1.1 All work is carried out by Eek Design on the understanding that the client has agreed to Eek Design’s terms and conditions.
1.2 These terms and conditions (“the terms”) govern every contract made between Eek Design for the supply of goods and services to any person, firm or company (“the client”).
1.3 The terms prevail over any written terms and conditions of the client.
1.4 Any variation to the terms must be agreed in writing by a director of Eek Design.
1.5 All contracts between Eek Design and the client will be governed by English law and the parties agree to submit to the exclusive urisdiction of the English courts.

3. Ordering

3.1 Orders for work must be given in writing to Eek Design by the client – either by email or snail mail.
3.2 Not withstanding clause 3.1, if Eek Design accepts a verbal order from the client, eek Design will not be held responsible for any mistakes (made by either party) arising from that verbal order.
3.3 Eek Design reserves the right to refuse to accept any order.

4. Quotations

4.1 All quotations given by eek Design will be valid for 28 days from the date of quotation.
4.2 All quotations will be supplied in writing. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Eek Design . No work will commence until this document has been received by Eek Design.
4.3 A verbal estimate will not be considered as binding until the amount has been confirmed in writing and accepted by the client.
4.2 If the client’s final order changes from the original specification made for the quotation, Eek Design reserves the right to vary the quotation.

5. Proofing

5.1 Eek Design will supply the client with either a hard copy or PDF proof.
5.2 Whilst we endeavour to provide a thorough, error-free service, it is the sole responsibility of the client to check all content of said proof – including spelling, grammar, punctuation and use of images – unless otherwise stipulated by Eek Design.
5.3 Eek Design will provide the client with up to three proofs, unless otherwise agreed at commencement of the project. As a guideline these proofs should progress through the following stages:
Proof 1: amendments to general design/layout (including image usage)
Proof 2: corrections to text (including grammar and spelling)

Proof 3: (final proof) check all content thoroughly and sign off in writing. eek Design cannot accept liability for errors within the copy beyond this stage.

6. Turnaround times

6.1 Turnaround times are normal target times only and Eek Design accepts no liability for failure to meet these times, but will use its best endeavours to do so.

7. Image quality

7.1 Eek Design will inform the client if images supplied are – in their professional opinion – not of suitable quality for print. However, if the client once apprised of this, chooses to retain use of the image in question, Eek Design will not be held responsible for quality of reproduction.

8. Print material and finish

8.1 Unless stated by the client, Eek Design will decide, at its sole discretion, weight of material and which print finish to use (either semi-matt, matt or gloss).

9. Web-design and publishing

9.1 Unless otherwise stipulated, Eek Design will not accept responsibility for ensuring that a client’s website is catalogued or ranked highly by any search engine. 9.2 Eek Design cannot guarantee the appearance of any website it designs will not alter within the confines of non-specified browsers or monitor dimensions.
9.3 Eek Design will supply the client with all login information pertaining to the client’s site.
9.4 After work on the client’s web-site has been ceased, eek Design will not be held responsible for the maintenance, monitoring or upkeep of said site unless otherwise agreed in writing.
9.5 If payment for design services is not received within the agreed time period, Eek Design reserves the right to remove any unpaid-for content from the client’s website.
9.6 Unless otherwise stipulated in writing, it is the client’s sole responsibility to ensure payment (monthly or annual) for the domain name and web-space associated with their site.
9.7 Although Eek Design may sometimes offer the set-up of POP3 mailboxes as part of its website publishing service, it cannot be held responsible for any problems that occur as a result of the client’s own email software or set up. Any assistance requested in this matter will be charged at the standard hourly rate.

10. Colour balancing

10.1 Eek Design will, if requested by the client, scan images to a colour balance provided by the client by way of reference prints or polaroids.
10.2 If no such request or reference material is provided by the client Eek Design will scan and/or print images using its own judgement’ for colour balancing.
10.3 Digital printing methods cannot guarantee exact matching to pantone references. However Eek Design can, on request, supply the client with one digital proof before publication. Further proofs will be subject to charge at an agreed rate.

11. Uncollected work

11.1 If any items of work including prints and original files belonging to a client are not collected after 12 months of the requested work being done, Eek Design reserve the right to dispose of such material.

12. Copyright and moral rights

12.2 Eek Design claims no copyright in material submitted to us for the purposes of fulfilling the client’s instruction.
12.3 The client warrants that the client owns or controls all rights, has obtained all copyright, or has permissions, consents and waivers that as are now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by Eek Design.
12.4 The client also warrants that no copyright or moral rights will be infringed by eek Design carrying out the requested work.
12.5 The client agrees to indemnify Eek Design against all losses, damages, claims or expenses which Eek Design may incur by virtue of any breach of the above warranties.

13. Liability

13.1 The client must contact Eek Design concerning details of an invoice within 7 days of the date of the invoice.
13.2 Eek Design ’s liability to the client or any other party for the loss including theft, or destruction or damage to any materials provided by the client which are deposited with Eek Design for whatever reason;-
13.2.1 Will be limited to the replacement cost of the actual material and;
13.2.2 Eek Design will not be liable for the cost of reshooting or reprinting the material contained on the material and;
13.2.3 Eek Design will not be liable for any loss or damage to the client or any other party including loss of income and;
13.2.4 It is the client’s responsibility to insure against such loss and damage.
13.3 Eek Design will not be liable for failing to complete any contract between eek Design and the client due to circumstances beyond eek Design’s control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.

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Specialists in graphic design and web design based in Herefordshire with twenty years experience producing graphic and web design solutions for all types of applications and media. 

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