All work is carried out by Palmiero Design Ltd on the understanding that the customer has agreed to Palmiero Design Ltd’s fees as quoted and their terms and conditions. Copyright is retained by Palmiero Design Ltd on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and until all outstanding invoices have been paid in full.
Project Estimates or Quotations
Palmiero Design Ltd will supply a written estimate or quotation of charges for design services to the customer. These will be itemised into separate stages, for example:
- Stage 1 Design Fees: Concepts / Visuals
- Stage 2 Artwork Fees: Pre-production (for print or electronic publishing)
- Stage 3 Production Costs: With detailed specification including quantity.
A copy of the written estimate or quotation must be returned and dated by the customer to indicate acceptance and should be returned to Palmiero Design Ltd (sent by email is sufficient). No work on a project will commence until such approval to proceed has been received by Palmiero Design Ltd.
The customer can provide a purchase order number for reference, detailing the services and products ordered as quoted. At the time of the customer’s acceptance of this estimate or quotation, including acceptance of the Terms & Conditions, Palmiero Design Ltd will commence work on Stage 1 Design and agree to present concepts/ideas and/or colour visuals to the customer within an agreed timescale.
Upon receiving the customer’s feedback for Stage 1 Design visuals, Palmiero Design Ltd promise to make any adjustments necessary to such concepts and re-supply revised design visuals (at no extra cost) until the customer is completely satisfied that the solutions meet the agreed design brief.
Palmiero Design with-hold the right cease work on any further design development at any time if the project timescales become prohibitive.
This design guarantee does not apply to, or form any part of the project which involves preparing artwork for print production, generating diagrams, illustrations, or programming for electronic publishing. The Design Guarantee does not extend to any production stages such as printed collateral. However, the customer’s legal statutory rights still apply.
If a choice of designs are presented, only one solution is deemed to be given by Palmiero Design Ltd as fulfilling the design brief. All other designs remain the property of Palmiero Design Ltd, unless agreed in writing that this arrangement has been changed.
Any authors corrections which constitute a change in the design brief previously agreed is not covered by the Design Guarantee and may incur additional charges.
The customer is responsible for checking all artwork. Any mistakes or errors must be highlighted and communicated to Palmiero Design Ltd, preferably in writing by email. Additional author’s correction charges may apply and are at the discretion of Palmiero Design Ltd depending on the scale of changes required. Another set of artwork proofs will be supplied to the customer to check. The customer agrees that Palmiero Design Ltd holds no responsibility for any errors or mistakes not highlighted by the customer after artwork proofs have been approved and signed-off for production or printing.
Author’s Correction Charges
Two sets of artwork proofs are included in the Artwork Stage Fee. Palmiero Design Ltd will advise the customer if additional charges apply for any changes to artwork and the supply of three or more artwork proofs. Subsequent stages will not go ahead until the customer has agreed to the extra charges. The customer agrees that Palmiero Design Ltd holds no responsibility for any errors amendments made by any third party, before or after a design is published.
Charges for Other Services
Charges for any additional services over and above the estimated Design, Artwork and Production will become fully payable (100% of the quoted amount) to agreed terms of payment timescales.
Estimates supplied for any outsourced production (such as printing) are based on Palmiero Design Ltd’s current costs obtained from external suppliers and are valid for 30 days from date of quote or estimate. Unless otherwise agreed, these costs are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs. The customer will be informed of any increases in costs before production goes ahead.
Palmiero Design Ltd will submit an invoice for work carried out at the point in time when the customer has approved any given stage (e.g Design, Artwork). The invoice must be paid in full before any subsequent stage can proceed. In respect to any Production work, an invoice will be submitted when the customer has signed-off artwork and given the go-ahead in writing or by email for Production to proceed. Any previous outstanding balances including payment for Design, Artwork and Production must be paid in full before any electronic artwork is released and before production or printing can commence.
Any other arrangements for payment or credit terms must be agreed with Palmiero Design Ltd in advance before any Design, Artwork or Production work can commence.
The customer shall agree, for any ongoing or prolonged projects which take more than 2 weeks, that Palmiero Design Ltd will submit an invoice at the end of each month to cover fees and costs to-date. Payment terms as set out in these terms and conditions.
Palmiero Design reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
Accounts which remain outstanding beyond the invoice due date will incur an extra charge of 2% per month in addition to the outstanding amount..
Preferred method of payment is by BACS to HSBC Bank, sort code 40:33:33. Account number 62604248. IBAN number: GB54MIDL 403333 62604248. Swift/BIC number: MIDLGB2111L
If a cheque is sent it should be payable to Palmiero Design Ltd or (for overseas customers), Pound Sterling International Money Order or previously agreed electronic funds transfer. Publication and/or release of work done by Palmiero Design Ltd 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. Palmiero Design Ltd 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. Palmiero Design Ltd shall be considered entitled to remove Palmiero Design Ltd and/or the customer’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 customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Palmiero Design Ltd reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Without prejudice to other remedies, if the customer becomes insolvent (namely, being a company is deemed to be unable to pay its debts or has a winding up petition issued against it or has a receiver, administrator or administrative receiver appointed to it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him) Palmiero Design Ltd shall have the right not to proceed further with the contract or any other work for the customer without prejudice to any monies already paid or then due to Palmiero Design Ltd. Any unpaid invoices shall then become immediately due for payment.
Copyrights and Trademarks
By supplying text, images and other data to Palmiero Design Ltd for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Palmiero Design Ltd on behalf of the customer, will remain the property of Palmiero Design Ltd /or it’s suppliers until all invoices outstanding for ongoing works have been paid in full. Only at this time will the ownership rights of the said design and artwork pass to the customer.
The customer may request in writing from Palmiero Design Ltd, the necessary permission to use materials (for which Palmiero Design Ltd holds any copyright) in forms other than for which it was originally supplied, and Palmiero Design Ltd may, at it’s 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 Palmiero Design Ltd, the customer grants Palmiero Design Ltd permission to use this material freely in the pursuit of the design.
Should Palmiero Design Ltd, or the customer 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 customer will agree to allow Palmiero Design Ltd to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Palmiero Design Ltd free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
(a) Palmiero Design Ltd. shall not be required to work with any matter which in its opinion is or may be of an unlawful or libellous nature or an infringement of the proprietary or other rights of any third party.
(b) Palmiero Design Ltd shall be fully indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or any other proprietary or personal rights contained in any materials produced for the customer. The indemnity shall include (without limitation) any amounts paid on a lawyer’s advice in settlement of any claim that any matter is libellous or such an infringement.