Terms & Conditions Rosebudd Design Consultancy Ltd hereinafter called Rosebudd
CLAUSE 1: IMPLEMENTATION
These terms & conditions shall apply to all services provided by Rosebudd and in the event of any dispute are governed by the laws of England. All work is carried out by Rosebudd on the understanding that the client has agreed to our terms and conditions.
CLAUSE 2: OFFERS & ACCEPTANCE
At the time of proposal, Rosebudd will provide the client with a written estimate or quotation by email. A copy of the written estimate or quotation is to be signed and dated by the customer and / or confirmed via email to indicate acceptance and should be returned to Rosebudd.
CLAUSE 3: PRICES
Charges for services are advised upfront regarding design packages, sourcing and project management fees.These are to be confirmed by the client and any deposits paid before any work is undertaken. Charges for design services will be set out in the written estimate or quotation that is provided to the client. At the time of the customers signed acceptance and / or confirmation via email of this estimate or quotation, a non refundable deposit of 40% of the quoted fee will become immediately due. The remaining 60% of the project quotation total will be due on completion of the work prior to the release of materials. Charges for sourcing are 50% upon confirmation to proceed and 50% due upon completion of the task. Upon final payment all contact details will be supplied to the customer. Project managing fees on a retainer basis agreed with the client will be due on the first of the month preceding the month the retainer is due to commence. Charges for any additional services requested during the project that are over and above the estimated time will become fully payable (100% of the quoted amount) at the time of the estimate or quotation acceptance.
CLAUSE 4: CANCELLATION
The client can cancel services anytime up the point of deposit payment. After this time we reserve the right to keep the deposit.
CLAUSE 5: DESIGNS/SPECIFICATIONS
All designs, specifications and costings or any other document drawn up or made available by us shall at all times remain our property until payment has been made in full.
CLAUSE 6: DESIGN PROJECT DURATION
Any indication given by Rosebudd of a design projects duration is to be considered by the client to be an estimation. Rosebudd 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 Rosebudd for the initial payment or by date confirmed writing by Rosebudd.
CLAUSE 7: PAYMENT
Payment terms are 7 days upon receipt of invoice. Release of work completed by Rosebudd on behalf of the client, may not take place before cleared funds have been received.
CLAUSE 8: DEFAULT
An account shall be considered as being legally in default if it remains unpaid for 30 days from the date of invoice. Rosebudd shall be entitled to withhold completed work until the amount has been fully paid. We shall have the right to charge, without giving notice of default or going to court, interest at the published Bank of England base rate plus eight percent as well as all costs incurred by us in collecting the monies owed, including all costs of legal proceedings and execu tion, without prejudice to any further rights accruing to us.
CLAUSE 9: SOURCING/ PROJECT MANAGEMENT PASSING OF RISK AND OWNERSHIP
All costings/sourcing quotations are suggestions for the client, given in good faith and do not create a binding contract. Any orders placed between the client and a third party based on the information presented by Rosebudd are at the sole liability of the client. Rosebudd is not affiliated with any third parties and Rosebudd shall be expressly excluded from liability in relation to orders between the client and third parties. It is the clients responsibility to ensure all due diligence is performed before entering into such contracts/orders with third parties. Any contracts/orders between the customer and third parties that Rosebudd is project managing are the sole responsibility of the customer and Rosebudd is excluded from liability.
The client is responsible for all final approvals that are project managed by Rosebudd. The client is responsible for the goods being sufficient and suitable for the clients purpose and to ascertain whether the goods or services are correct in every way. Defects are the responsibility of the customer and third party. Rosebudd shall not be under any liability in respect of defects in goods or services delivered or loss resulting from such defects.
CLAUSE 13: INTELLECTUAL PROPERTY
By supplying text, images, logos, designs etc to Rosebudd for the inclusion in the project, the customer 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, designs, images supplied and / or designed by Rosebudd on behalf of the client, will remain the property of Rosebudd until payment has been made in full. The client agrees to fully indemnify and hold Rosebudd free from harm in any and all claims resulting from the customer in not having obtained all required copyright, and/or any other necessary permissions. The client agrees to allow Rosebudd to place imagery and designs, along with a link to the clients site on Rosebudd’s own website for portfolio and advertising purposes.
CLAUSE 14: LIABILITY
Rosebudd makes no warranties of any kind, express or implied, for any and all services that it supplies. Rosebudd will not be held responsible for any and all damages resulting from services it supplies. Rosebudd is not responsible for any loss or consequential loss or non delivery of products or services, of whatever cause. Rosebudd is excluded from any liability and any other consequential loss or damage suffered in connection with customers relationships with third parties. The customer is obliged to indemnify Rosebudd against all potential third party claims to which we refer in these conditions
CLAUSE 19: GENERAL
These terms and conditions superset any previous terms and conditions distributed in any form. Rosebudd reserves the right to change any rates and any of the terms and conditions at any time and without prior notice.
CLAUSE 20: APPLICABLE LAW
The relationship between each party will be governed by the law of England.