Terms & Conditions…
All business entered into by Bothwell & Vogel Graphic Design Consultants Limited, its servants or agents with any other party (hereinafter called ‘the Client’), by internet or traditional business routes, is transacted subject to the conditions set out below. PLEASE NOTE: These terms and conditions take precedence over any other contract agreements, especially those drafted by the Client, unless specifically agreed to and notified in a special clause entitled “Waiving normal contract terms and conditions”. Any other contract terms will be honored unless they contradict those specified below.
1. OWNERSHIP OF COPYRIGHT – Copyright ownership for all work, finished or otherwise, is retained by Bothwell & Vogel Graphic Design Consultants Limited. Then ownership will transfer to the Client only if this has been specifically agreed with the client and only on completion of the contract and full payment has reached us. Bothwell & Vogel Graphic Design Consultants Limited will not waive intellectual property rights.
2. CANCELLATION – In exceptional circumstances, a cancellation fee may be agreed by Bothwell & Vogel Graphic Design Consultants Limited for work that has been cancelled for whatever reason and will never proceed. Copyright ownership for all work will remain with Bothwell & Vogel Graphic Design Consultants Limited even when full invoice has been paid.
3. QUOTATIONS – Quotations are valid for 30 days from date of issue. Quotes for third party fees and costs are subject to + or – 15% margin of error. Similarly, hourly rate changes will not affect projects already begun. Please bear in mind that while we try to estimate costs as accurately as possible, quotations cannot be binding.
4. CHANGES – The quotation covers the Client for five sets of type corrections thereafter any number of changes will be made with fees accumulating at the hourly rate. On rare occasions the design brief given by the Client may change after work commences should this situation arise a revised design cost will be negotiated.
5. IMAGE PROCUREMENT – Purchase of images for slide library sites are made on behalf of the Client by Bothwell & Vogel Graphic Design Consultants Limited, the standard term & conditions apply to the use of these image i.e. licence length, restriction of use, publication run etc. a full set of these terms and conditions are available on request and the responsibility of adhering to them lies entirely with the Client’s.
6. CLIENT PROPERTY – Client property left with Bothwell & Vogel Graphic Design Consultants Limited, including confidential material, will be carefully protected but is entirely at the Client’s risk.
7. COURIERS & DELIVERY – All courier and delivery charges will be passed on to the Client and may be subject to normal agency mark-up.
8. PAYMENT TERMS – Existing clients can avail of 30 days credit from the date of the invoice, which will be sent as soon as the job is complete, or within 8 weeks of the date when the job commences. For new clients, and for jobs commissioned over the Internet, on agreement of quotation, payment will be made in three-stage payment one-third before work commenced, one-third during the project and finally payment on completion. The Client will be notified as to the charges as they are billed. The minimum charge for any commissioned job is one hour.
9. PRINCIPLE – The principle of the Design service offered by Bothwell & Vogel Graphic Design Consultants Limited is a consultancy whereby the Client seeks commissioned work based on professional experience, expertise and opinion. Bothwell & Vogel Graphic Design Consultants Limited will work with the client and agree the best course of action.
10. DISPUTES – All queries and disputes must be notified in writing within seven days of the date of the invoice or receipt of goods. The ownership of the work or goods supplied shall be retained by Bothwell & Vogel Graphic Design Consultants Limited until Bothwell & Vogel Graphic Design Consultants Limited has received payment in full by the Client and ownership has been previously negotiated and agreed.
11. BACK-UP SERVICE- Bothwell & Vogel Graphic Design Consultants Limited provide a back-up service for all projects for commencement to completed. This facility while beneficial to the Client is carried out for the protection of Bothwell & Vogel Graphic Design Consultants Limited only. Bothwell & Vogel Graphic Design Consultants Limited does not accept responsibility for any lost or damaged with respect to this service.
12. FORCE MAJEURE – Every effort will be made to carry out the contract, but its due performance is subject to variation or cancellation as a result of an inability to secure labour, materials or supplies, or as a result of any Act of God, War, Strike, Lockout or other Labour dispute, Fire, Flood, Draught, Legislation or any other cause beyond our control.
13. LEGAL LIABILITY – The Client shall be responsible for all costs and damages arising out of any action which may be taken or threatened against Bothwell & Vogel Graphic Design Consultants Limited in respect of any alleged breach of the law in connection with the work done by Bothwell & Vogel Graphic Design Consultants Limited for the Client including breaches of Copyright and Licensing. The Client is also responsible for checking all work before production commences and before print or going live on websites in regard to ethical and legal matters and matters of fact, spelling, accuracy, language, translation and other aspects of the final recommended work.
The laws of the Republic of Ireland shall govern the contract between Bothwell & Vogel Graphic Design Consultants Limited and the Client, of which these standard terms & conditions form part. We reserve the right to change our terms and conditions from time to time, affecting all new contracts.