Terms & Conditions
We would rather operate without the need for defined terms and conditions but unfortunately we have no choice. If there is any term or condition that prevents you from dealing with us, we will look at it, and if reasonable, will confirm in writing its exclusion as part of our agreement. The following terms and conditions apply to all design and associated services offered by Howell Edwards Ltd. By ordering, agreeing to, or paying deposit for services from Howell Edwards Ltd you are agreeing to the following terms and conditions.
We reserve the right to refuse to provide services for a company or associated services which does not accord with our ethical policy or that we judge to be unfit due to the content or otherwise. This includes, but is not limited by, companies or sites containing or promoting adult oriented material such as pornography, companies or sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and companies or sites which infringe copyright or are contrary to UK or other relevant national or local laws or regulations.
The contract between Howell Edwards Ltd and the client shall consist of the quotation with its specifications and these terms and conditions.
It may not be necessary to have a signature for the contract to commence, verbal communication, email communication or other exchange making it clear that the work specified is required to be carried out shall constitute commencement of the contract and a contractual agreement between the client and Howell Edwards Ltd shall exist based on the quotation with its specifications and these terms and conditions.
Howell Edwards Ltd cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence. An anticipated finishing date will be agreed and Howell Edwards Ltd will do its best to adhere to that but cannot guarantee to do so in the light of circumstances outside its control.
Where in the instance that a time scale has been agreed, Howell Edwards Ltd will not be responsible for any consequential losses to the client if the deadline is not met.
Web Design Standards & Accessibility
Howell Edwards Ltd makes every effort to design web pages to current web standards and thus display well in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of non-web standard browsers. One version of the website will be created that will display well in all web-standard browsers and at all usual display resolutions.
Supply of Content by the Client
The client undertakes to inform us prior to commencement of the project if there is a critical requirement to meet specific performance criteria.
If, during the development, the client does not supply the content required in order to complete the commission within the anticipated time frame, Howell Edwards Ltd will invoice up to the full amount quoted. When the content is supplied there may be additional time costs involved due to the overrun of the project which impinges on the ability of Howell Edwards Ltd to service other clients.
All material, both text and images, supplied by the client and used in the construction of the client’s project, 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. The client shall indemnify Howell Edwards Ltd against all and any claims arising from the use of materials of any sort provided by the client or obtained under the direction of the client from third parties such as graphic designers.
The copyright for all material provided by Howell Edwards Ltd, such as HTML code, css style sheets, graphics, photographs and text, will remain the property of Howell Edwards Ltd until such time as payment has been made in full. They will then become the property of the client with copyright shared between the client and Howell Edwards Ltd. This allows either party expeditiously to pursue any copyright infringement. Should the client wish to retain exclusive copyright this shall be arranged but the copyright of Howell Edwards Ltd shall only be assigned if done so expressly and in writing to the client.
Charges for design services to be provided by Howell Edwards Ltd will be set out in the written estimate or quotation that is provided to the customer, or in the initial invoice that is sent to the customer. A non-refundable payment of 50% of the quoted fee will become immediately due on issue of this invoice.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
Both parties understand that Client or Designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Designer. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Designer retains ownership of all copyrights and original work created.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Howell Edwards Ltd will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days.
Designer acknowledges that he may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Designer agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Designer before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Designer can display materials and final work created for Client on the Designer’s website (http://howelledwardscreative.com).
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Howell Edwards Ltd, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.howelledwardscreative.com.
An invoice or estimate validated by email or verbally, 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 Howell Edwards Ltd.