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Terms and Conditions

Definitions used in this document:

Client -- the definer (i.e. the customer) for the required deliverables for a project (i.e. products and outputs) required from Hill Langdell Limited to meet customer needs.

Proposal -- the definition by Hill Langdell Limited of the planned products and outputs to meet the client requirement -- the definition will include proposed design approach, design concepts and supporting materials.

Deliverables -- the actual brochures, displays, visuals, web media, and other documents, etc which make up the products and outputs required by the Client.  

Quotation -- the statement of predicted costs for the work required to complete and supply the planned deliverables.

Acceptance -- the formal process by which the Client agrees the Quotation for a project with Hill Langdell Limited (e.g. by placing a Client purchase order)

Amendment -- of the Proposal and of the associated Quotation in the event that a Client (or Hill Langdell Limited) seeks to change the required deliverables (with associated impact on costs and timescales).

Sign-off -- the process by which the Client confirms agreement to Hill Langdell Limited on the validity and acceptability of deliverables at key stages in the project.

 

General

All work carried out by Hill Langdell Limited is on the understanding that the Client has agreed these terms and conditions.

Hill Langdell Limited's liability to the Client or any other party for any loss including, but not limited to, theft, destruction or damage to any materials provided by the Client which are deposited with Hill Langdell Ltd for whatever reason will be limited to the replacement cost of the actual material and;

Hill Langdell Limited will not be liable for the cost of recreating, reshooting or reprinting the material contained on the material and; Hill Langdell Limited will not be liable for any loss or damage to the Client or any other party including loss of income and; It is the Client's responsibility to insure against such loss and damage.

Hill Langdell Limited will not be liable for failing to complete any contract between Hill Langdell Limited and the Client due to circumstances beyond the control of Hill Langdell Limited including, but not limited to loss of power supply, machine breakdown, loss of materials, fire, theft, storm, flood, act of God, war, civil disturbance or terrorism.

A Client has the right to cancel their order. In the event of cancellation the Client will be invoiced for the cost of the work carried out up to the time of cancellation based on an appropriate cost rate, regardless of agreed project deadlines and timescales.

If any items of work including prints and original files belonging to a Client are not collected after 6 months of the requested work being completed, Hill Langdell Limited reserve the right to dispose of such material.

All contracts between Hill Langdell Limited and the Client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

 

Terms of Payment

The Client will be provided with an invoice on completion of the project, or as otherwise defined in the Quotation. At this time 100% of the amount due will become payable to Hill Langdell Limited. Accounts which remain outstanding for 15 days after the date of invoice, may incur an extra charge of 5% per month of the outstanding amount.

When a Client requests changes over and above the scope of the original Quotation, a revised Quotation will be agreed with the Client and payment for the additional work will be due, to a time scale set out in the revised Quotation.

The Client must contact Hill Langdell Limited concerning any issues with an invoice within 7 days of the date of the invoice, otherwise the Client accepts that the invoice is correct and 100% of its value will be payable to Hill Langdell Limited.

Payments to be made by electronic transfer in Pound Sterling. Payment by cash or cheque may be acceptable with prior agreement, and will incur a handling charge of £5.00 which the client will add to the invoice total prior to payment. Release of work undertaken by Hill Langdell Limited on behalf of a Client will not take place before cleared funds have been received.

Returned cheques will incur an additional fee of £100 per returned cheque. Hill Langdell Limited reserves the right to consider an account to be in default in the event of a returned cheque.

An account shall be considered in default if it remains unpaid for 15 days from the date of invoice, or following a returned cheque. Hill Langdell Limited will be considered entitled to remove any work or Deliverables that are unpaid for 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, design work, sub-contractors, printers and photographers.

Clients whose accounts become in default agree to pay Hill Langdell Limited reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Payment is required for the provision of design concepts: Clients are required to pay for time and expertise expended in creation of alternative concepts, and quoted prices are based on design concepts provided, regardless whether used or not by the Client.


Quotations

Hill Langdell Limited will provide the Client with a written Quotation at the time a Proposal is agreed, defining estimated costs and delivery timescales for the project.

Costs are based on no more than three amendments once a final design has been chosen. Any further amendments will be charged at our standard hourly studio rate of £100.00 per hour.

All Quotations given by Hill Langdell Limited will be valid for 30 days from the date of quotation.

Project timescales provided in the Quotation are target times and Hill Langdell Limited will use its best endeavours to meet these but accepts no liability for failure to do so. If a deadline is missed, whether it is due to a Client or Hill Langdell Limited, Hill Langdell Limited will not be liable for any financial or other costs incurred by the Client due to a project timescale being missed.

A copy of the written Quotation is to be signed and dated by the Client to indicate acceptance and returned to Hill Langdell Limited. Alternatively, the Client may send an official purchase order or email referencing and accepting the Quotation. The Client thereby commits to the Hill Langdell Limited terms and conditions. No work on a project will commence until either document has been received by Hill Langdell Limited.

If a Client requires changes to the original Deliverables (on which the original Quotation was based) Hill Langdell Limited reserves the right to amend the Quotation, with associated revisions to the project costs and or timescale.

 

Proofing

It is the Client's responsibility to ensure all proofs supplied are correct and checked carefully for errors, correct nomenclature or layout omissions and faults. A client can indicate the proofs are correct and free from errors or omissions by;

  • Signing and dating a printed hard-copy proof supplied by Hill Langdell Limited and in the presence of a Hill Langdell representative.
  • Sending an email in reply to an email where the referenced digital proof is attached, with the full unaltered email thread in place, stating approval and confirming next stage details or; Sending an email with the proof file attached, stating approval and confirming next stage details.
  • In both instances using email as a sign-off method, the email would have to be sent from an email account already associated with the client, by which: an email thread had already been established with the client through an email exchange with a clear thread visible confirming the client's identity and project association, or; an email with the client's domain name forming the address, ie; name@companyname.com.

By returning an approval (or an acceptance email) to Hill Langdell Limited, the Client accepts that the proofs supplied are error free and are acceptable to go to print or production. Hill Langdell Limited are absolved of any responsibility for any errors, omissions or production issues that may arise and the Client will be responsible for any actions or expense required to put matters right.

The client also agrees that Hill Langdell Limited holds no responsibility for any amendments made by any third party, before or after a design is published.

Proofs supplied do not guarantee an exact colour representation of the final production version.

The client is responsible for any additional cost incurred as a result of delaying the approval of production proofs or specifications. This includes, but is not limited to wet proofs, stock samples and mock-ups. Hill Langdell Limited will always advise whenever possible if a process or delay in approval will result in additional charges to the client.


Copyrights & Limitations

Copyright is retained by Hill Langdell Limited on all design work including words, pictures, ideas, visuals and illustrations unless that copyright is specifically released to the Client in writing.

If a choice of design is presented, only one solution is deemed by Hill Langdell Limited as fulfilling the contract. All other designs remain the property of Hill Langdell Limited, unless agreed in writing that this arrangement has been changed.

By supplying text, images and other data to Hill Langdell Limited for inclusion in the marketing material or other medium, the Client 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.

By supplying images, text, or any other data to Hill Langdell Limited, the Client grants Hill Langdell Limited permission to use this material freely in the pursuit of the design.

Any artwork, images, or text supplied and/or designed by Hill Langdell Limited on behalf of the Client, will remain the property of Hill Langdell Limited and/or its suppliers.

The Client may request in writing from Hill Langdell Limited, the necessary permission to use materials (for which Hill Langdell Limited holds the copyright) in forms other than for which it was originally supplied, and Hill Langdell Limited may, at its discretion, permit 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.

Should Hill Langdell Limited, or the Client, 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 Client will agree to allow Hill Langdell Limited to remove and/or replace the file(s).

The Client agrees to fully indemnify and hold Hill Langdell Limited free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and/or any other necessary permission.

Hill Langdell Limited retains the right to display any design work/item(s) in any online or offline portfolios, and for the purpose of marketing or advertising our services on or offline, unless explicitly requested in writing by the Client.

 
 
 
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