TERMS & CONDITIONS
The following Terms and Conditions of Service apply to all products and services provided by We Are Blood LTD (hereinafter referred to as BLOOD and in the event of any dispute are governed by the laws of England. All work is carried out by BLOOD on the understanding that the client has agreed to our terms and conditions and signed our service agreement.
Copyright
Copyright is retained by BLOOD on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of BLOOD unless specifically agreed in writing.
Intellectual Property
The designer (BLOOD) is the first owner of any design rights (with the IP Act 2014 clarifying that the designer is the owner of commissioned rights) with the exception of the case where the design is created by an employee in the course of his employment (in which case the employer (BLOOD) is the first owner of any design right).
The Intellectual Property will be handed over to the customer when BLOOD receives 100% payment for said work.
Project Acceptance
At the time of proposal, BLOOD will provide the customer with a written estimate or quotation by email. If you have qualified for FRESH BLOOD, the fees are fixed and additional time is charged accordingly.These Terms and Conditions can be read at any time on the BLOOD 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 BLOOD. Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation. For the avoidance of doubt, the BLOOD Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Design Charges
Charges for design services to be provided by BLOOD will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due. 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.
Source Files
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla, prproj, app, c4d, or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge* at the discression of BLOOD dependant on relationship, project size or agreement in place.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Payment
The customer will be provided with a Proof Email, and an 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 or signify approval by email to BLOOD.
Any invoice queries must be submitted by email within 7 days of the invoice date. Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge of 5% on the outstanding amount from the date due until the date of payment. Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card. Publication and/or release of work done by BLOOD on behalf of the client, may not take place before cleared funds have been received.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. BLOOD shall be entitled to remove BLOOD’s 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 all BLOOD’s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to BLOOD 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 BLOOD on behalf of the customer, will remain the property of BLOOD and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose. The customer may request in writing from BLOOD, the necessary permission to use materials (for which BLOOD holds the copyright) in forms other than for which it was originally supplied, and BLOOD may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not BLOOD. By supplying images, text, or any other data to BLOOD, the customer grants BLOOD permission to use this material freely in the pursuit of the design. Should BLOOD, 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 BLOOD to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold BLOOD 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.
Changes & Alterations
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge. The customer also agrees that BLOOD holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, drawing, idea or code created for the customer by BLOOD, 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 BLOOD 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. BLOOD will not be held responsible for any and all damages resulting from such claims. BLOOD is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold BLOOD responsible for any such loss or damage. Any claim against BLOOD shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to BLOOD’s definition of acceptable means of supplying data to the company. Text is to be supplied to BLOOD in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder. For instance, BLOOD 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.
Design Project Duration
Any indication given by BLOOD of a design project’s duration is to be considered by the customer to be an estimation. BLOOD 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 BLOOD for the initial payment or by date confirmed in writing by BLOOD.
Rights of Access for Website Construction
The client agrees to allow BLOOD all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow BLOOD access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions. The customer agrees to supply BLOOD with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
BLOOD considers the design project complete upon receipt of the customer’s signed Approval form or sign off email. Other services such as printing, production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Design Credit
The customer agrees to allow BLOOD to share material, advertise and/or such assets on BLOOD’s own website unless strict NDA is signed. The customer agrees to credit BLOOD with full design and delivery.
Rights of Refusal
BLOOD will not include in its designs, any text, images or other data which it deems to be immoral, offensive, racist, sexist, mysoginistic, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. BLOOD also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that BLOOD does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow BLOOD to remove the contravention without hindrance, or penalty. BLOOD is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, BLOOD will need formal notification in writing via email with signature confirmation on BLOOD paperwork. The client will then be invoiced for all work completed to date of agreement plus any costs incurred by BLOOD directly. The balance of monies due must be paid within 14 days. Please note: any cancellation which is not formally confirmed in writing and received by BLOOD within 14 days of such instruction being issued, will be liable for 50% of the full quoted cost of the project.
Disclaimer
BLOOD makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. BLOOD will not be held responsible for any and all damages resulting from products and/or services it supplies. BLOOD 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 customer agrees not to hold BLOOD responsible for any such loss or damage. Any claim against BLOOD shall be limited to the relevant fee(s) paid by the customer.
BLOOD 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. BLOOD will not knowingly perform any actions to contravene these and the client also agrees to be so bound. BLOOD 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 20% of the total ordered. BLOOD 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.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. BLOOD reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by BLOOD, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.weareblood.co.uk
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, 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 BLOOD.