At the time of proposal, .StuchyDesign will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on the .StuchyDesign website.
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 .StuchyDesign. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept .StuchyDesign’s terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation has been received by .StuchyDesign.

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque.

.StuchyDesign shall be considered entitled to remove .StuchyDesign 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 its obligation to pay the due amount. Clients whose accounts become default agree to pay .StuchyDesign reasonable legal expenses and third party collection agency fees in the enforcement of these terms and conditions.

By supplying text, images and other data to .StuchyDesign for inclusion in the client’s website or other 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 .StuchyDesign on behalf of the client, will remain the property of .StuchyDesign and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988.

The client may request in writing from .StuchyDesign the necessary permission to use materials (for which .StuchyDesign holds the copyright) in forms other than for which it was originally supplied, and .StuchyDesign 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.

By supplying images, text, or any other data to .StuchyDesign, the client grants .StuchyDesign permission to use this material freely in the pursuit of the design.

Should .StuchyDesign 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 .StuchyDesign to remove and/or replace the file on the site.

The client agrees to fully indemnify and hold .StuchyDesign free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.

The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to .StuchyDesign. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.
Payments may be made by online transfer, cash, cheque, credit card (Visa, Mastercard) or Debit Card, or (for overseas customers), Pound Sterling International Money Order or previously agreed electronic funds transfer.
Publication and/or release of work done by .StuchyDesign on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of £50 per returned cheque. .StuchyDesign reserves the right to consider an account to be in default in the event of a returned cheque.

The client agrees to .StuchyDesign’s definition of acceptable means of supplying data to the company.
Text is to be supplied to .StuchyDesign in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail / FTP.
Images which are supplied in an electronic format are to be provided in a format as prescribed by .StuchyDesign via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and .StuchyDesign will not be held responsible for any image quality which the client later deems to be unacceptable. .StuchyDesign cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images

Charges for design work do not cover the release of copyright design files including indd, psd, png, fla or any other source files; if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge.

Rights: All services provided by the designer shall be for the exclusive use of the client other than for the designer’s promotional use. Upon payment of all fees, the following reproduction rights for all approved final designs created by the designer for this project shall be granted:

• Client to gain full transferable rights to brand identity.
• Client to gain full license to reproduce works through commercial printers.

Ownership: The client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee.

Third party contracts: The designer may contract with other creative professionals to provide services such as graphic design, photography, website and illustration. Any third party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement, unless requested by the client at a later date.

Any indication given by .StuchyDesign of a design project’s duration is to be considered by the customer to be an estimation. .StuchyDesign cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by .StuchyDesign for the initial payment or by date confirmed in writing by .StuchyDesign.

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 .StuchyDesign holds no responsibility for any amendments made by any third party before or after a design is published.

Any design, copywriting, drawing, idea or code created for the client by .StuchyDesign, or any of its 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 .StuchyDesign and any of its 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.

.StuchyDesign will not be held responsible for any and all damages resulting from such claims. .StuchyDesign is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold .StuchyDesign responsible for any such loss or damage. Any claim against .StuchyDesign shall be limited to the relevant fee(s) paid by the client.

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 Stuchy Design holds no responsibility for any amendments made by any third party before or after a design is published.

.StuchyDesign makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. .StuchyDesign will not be held responsible for any and all damages resulting from products and/or services it supplies.

.StuchyDesign 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 .StuchyDesign responsible for any such loss or damage. Any claim against .StuchyDesign shall be limited to the relevant fee(s) paid by the client.

.StuchyDesign 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. .StuchyDesign will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

.StuchyDesign and its clients agree to comply with printers’ terms and conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. .StuchyDesign 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.

The placement of an order for design and/or any other services offered by .StuchyDesign, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.stuchy.com

An estimate validated by confirmation of approval to proceed with the project by the client by e-mail or in writing 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 .StuchyDesign.

If after project commencement client communication (face-to-face, telephone, or email) stops for a period of 180 days, the project can be cancelled, in writing by the designer, and ownership of all copyrights shall be retained by the designer. A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion. The fee will not exceed 100 percent of the total project cost.

Samples: The client shall provide the designer with samples of print design that result from the project deliverables. Such samples shall be representative of the highest quality of work produced. The designer may use such copies and samples for publication, exhibition, or other promotional purposes.

The designer shall have the right to photograph all completed designs or installations and shall have the right to use such photographs for publication, exhibition, or other promotional purposes.

Confidentiality: The client shall inform the designer in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.

Indemnity: The client agrees to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.

A document containing the above terms and conditions will be supplied via email along with the first invoice. Acceptance should be stated in an email reply.

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. .StuchyDesign reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.