British Design Experts is a trading name of Snowflake Design Limited. Snowflake Design Limited is a limited liability company registered in England and Wales under registered number is 10012000. Its registered address to South Building, Upper Farm, Wootton St Lawrence, Basingstoke, RG23 8PE.
In these terms of business ‘we’ or ‘our’ refer to Snowflake Design Limited (‘the Company’).
Your relationship is solely with the Company, and the Company has sole legal liability for the work done for you and for any act or omission in the course of that work. No officer, consultant or employee of the Company will have any personal legal liability for that work whether in contract, tort, negligence or any other cause of action. In particular, the fact that an individual officer, consultant or employee signs in his or her own name any letter or other document in the course of carrying out that work does not mean he or she is assuming any personal legal liability for that letter or document.
Our relationship
We value our relationship with you and welcome any suggestions for its improvement. We are committed to resolving problems that may arise with our services. It is therefore important that you immediately raise any concerns you may have with us.
Your work
We will agree with you at the outset the scope of the work. We are not responsible for matters that are outside the scope of the work agreed. All prices are as quoted on the British Logo Design website. The Company will not be liable for any delays caused during the design process. You must pay to us, on demand, all reasonable costs, charges or losses sustained or incurred by us (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from any of the following acts or omissions by you: fraud, negligence, failure to perform or delay in the performance of any of your obligations.
Work will commence following full payment and order details either through the website or by email.
Design process
The prices quoted on the British Logo Design website are promotional prices. These prices are for the studio time for the initial set of designs. We agree as part of the promotion to make an unlimited amount of changes to the initial designs until you are satisfied at no additional cost.
We endeavour to turnaround initial designs within the agreed timescale for the package purchased. We will turnaround all future design revisions within 1 to 2 working days. The promotional prices are based on volume business and therefore there may occasionally be small delays in the turnaround. The company will not be liable for any delays caused during the design process. Whilst every effort is made to ensure there are no delays, it is your responsibility to contact the company in the event that designs have not been received within the agreed timescales. The company will not be held responsible for delays caused due to non receipt of emails.
Feedback provided in relation to the design must be clear and constructive. It must be sent by email, we are happy to discuss changes over the phone once the email has been received.
Only email confirmation to sign off/approve the design will be accepted. Once a design has been signed off and final files created the design process will be considered complete and any further changes will be chargeable.
We reserve the right to charge extra where:
- the brief changes substantial from the original, this includes but is not limited to change of name, after making changes to the initial brief, requesting a complete new set of designs based on new feedback.
- you request to finalise more than one design.
- no communication has been received for 6 weeks or more, unless previously agreed with the Company.
- request is made to speak to a member of the design team.
Website Development Process
The prices quoted on the British Logo Design website are promotional prices. The price quoted is to design the layout for the home page and then follow this design through on the remaining pages of the website. Prior to the website being built you must supply all imagery and content for all pages.
We endeavour to turnaround initial design and all design revisions within 1 to 2 working days. The promotional prices are based on volume business and therefore there may occasionally be small delays in the turnaround. The company will not be liable for any delays caused during the design process.
Only email confirmation to sign off/approve the design will be accepted. Once a design has been signed off and final files created the design process will be considered complete and any further changes will be chargeable.
We reserve the right to charge extra where:
- different page layouts/header images are required.
- stock imagery has been purchased by British Logo Design.
- flash animation is requested.
- functionality beyond html/css design is requested (i.e. database/java etc).
- no communication has been received for 6 weeks or more, unless previously agreed with the Company.
- To remove the ‘Design by British Logo Design’ from the bottom of your website.
Printing
We are not responsible for print errors. If you choose to use us to print you will receive a proof which must be agreed before print commences. If you print with another company it is between yourselves to agree a proof. Colours differ on screen and in print, you may provide us with pantone or CMYK references at the beginning of the order and we will happily use them. Some printers require specific artwork to be supplied, if you do not plan to use us for print please send us artwork specifications for your chosen printer before we start the design process, otherwise further costs may be charged if we have to make changes after final files have been sent.
Embroidery and Fabric Personalisation
- Due to the customised nature of the products, refunds are not available on customised orders unless the products are defective. If you believe your products are defective you must contact Snowflake Design immediately. Returns will not be accepted if products have been used, worn or washed.
- Due to the colour process used in both fabric print and embroidery we are unable to guarantee an exact colour match to your logo.
- Any short deliveries must be notified to the carrier and Snowflake Design immediately and in writing within 3 days. The Company will accept an email as notice. Damaged or opened cartons must be checked or refused on delivery. Please note delivery dates quoted are a guide only and will not be legally binding unless specified as part of a contract.
- The Company reserves the right to alter prices and garment specifications without prior notice. All items remain the property of the Company until paid for in full.
Our liability
Despite our best efforts we may make a mistake, by which we mean any breach of our duties to you. If we do, and are liable to compensate you, you agree that our liability is limited in the following respects:
- It is the Company that is liable, not an individual partner or member of staff. You agree to make no claim against an individual except for fraud
- Our maximum liability for any claim by you whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the work you have requested shall be limited to the price paid by you for our services (unless a different amount is agreed with you in writing)
- Where any claim relates to a mistake made by us, this overall limit applies whether the mistake affects just one piece of work we do for you or several, so long as it is the same or a similar mistake
- For the purpose of the overall limit, more than one mistake on a project or transaction is considered as one mistake
We are liable for loss that we directly cause where that total liability does not exceed the total amount of the fees payable relating to the project in question. Otherwise we have no liability for any indirect or consequential loss or loss of anticipated profit or other benefit and shall not be liable for any of the following:
loss of profits; or
loss of business; or
depletion of goodwill and/or similar losses; or
loss of anticipated savings; or
loss of goods; or
loss of contract; or
loss of use; or
loss due to corruption of data or information; or
any special, indirect, consequential or pure
economic loss, costs, damages, charges or
expenses; or
any damages paid by you or loss suffered by
you arising out of any allegation or claim that
any Input Material breaches any Intellectual
Property Right;
- We are not liable to the extent that our mistake results from something you do or fail to do (such as giving us the wrong information, not giving us information at the time we ask for it or failing to supply appropriate Input Materials)
- If others are also responsible for your loss, our liability is limited to our fair share, whether or not you are able to recover the rest from the others.
Notwithstanding the references to mistakes the above exclusions and limitations apply to our entire financial liability (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Customer in respect of:
any breach of this contract;
any use made by the you of our services, the documents produced by us in connection with our services or any part of them; and
any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the contract.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this contract.
Nothing in these Conditions limits or excludes our liability:
for death or personal injury resulting from negligence; or
for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
Confidentiality
We will keep confidential all information about you and your business and not disclose it to anyone outside the Company without your consent. You do consent to disclosure in the follow:
- in the proper handling of your work
- to our professional indemnity insurers
- to assessors in relation to any application by us for or the maintenance of a quality standard such as Investors in People
- where compelled by law, such as a court order
- in case studies for our own promotion
Subject to (a) to (c) you must keep in strict confidence all technical or commercial knowhow, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to you by us, our employees, agents, consultants or subcontractors and any other confidential information concerning our business or our products or services which you may obtain.
(a) You may disclose such information:
(i) to your employees, officers, representatives, advisers, agents or subcontractors who need to know such information for the purposes of carrying out your obligations relating to the work you have instructed us to carry out; and
(ii) as may be required by law, court order or any governmental or regulatory authority.
(b) You must ensure that any employees, officers, representatives, advisers, agents or subcontractors to whom you disclose such information comply with these provisions about confidentiality.
(c ) You must not use any such information for any purpose other than to perform your obligations to us.
All materials, documents, equipment and tools, drawings, specifications and data supplied by us to you shall, at all times, be and remain our exclusive property of the, but shall be held by you in safe custody at your own risk and maintained and kept in good condition by you until returned to us, and shall not be disposed of or used other than in accordance with our written instructions or authorisation.
Publicity
We both agree not to issue any publicity material or information to the media about our relationship and the work we are doing without the other’s consent, save where the information is already in the public domain.
We routinely use email to communicate, and whilst we have normal levels of security in place, you accept the risk that email communications may not be secure.
Data protection
We comply with the current law on data protection. We store and process information about our clients in the context of our business. We are able, in most circumstances, to supply you ‘on request’ with copies of the information that we store about you and your business. You acknowledge and agree that details of your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of the Company in connection with the work you have asked us to carry out.
Payment conditions
Payment can either be made at the SPECIAL WEB PRICE using the British Logo Design Website or alternatively over the phone, by BACS or cheque at the standard list prices also quoted on the website.
For orders over £500 we will accept payment at the standard list price under the following terms:
50% must be paid in advance prior to the commencement of work. Any balance must be paid in full prior to the release of final files / website going live.
All printing must be paid in full, either on the website at the SPECIAL WEB PRICE or over the phone, BACS or Cheque at the standard price, prior to the work being printed.
VAT
VAT is payable on fees and expenses at the applicable rate.
Our money-back promise
In the unfortunate event that you are unhappy with the first set of design that you receive to the extent that you do not feel you can take any of them forward then we will happily offer a refund (minus a £25 admin fee).
The Money back guarantee is only valid at the initial concept stage of the process. Once you have requested revisions the money-back guarantee will no longer be valid.
By requesting any changes to the designs you are accepting that you are happy to move forward with the initial concepts, and you will be moving beyond the initial concepts stage to the revisions stage. You will then be covered under our 100% satisfaction promise where we will do unlimited revisions to ensure you are 100% happy with your logo.
Payment of overdue invoices
If you do not pay our bill within the specified time, interest will be charged on a daily basis at the rate of 8% per year and we may also be entitled to:
- recover any costs we incur in collecting the overdue amount
- do no further work for you until we are paid in full
- retain all work until we are paid in full
- reclaim any discounts on the work carried out that have been supplied on the agreement that payment must be made within the agreed timescales.
Storage, shipment, delivery and postage
We deliver all our final designs via e-mail on the date specified in your package. Your artwork will then be stored on our servers for one month before we archive the files. We will happily provide replacement files in the first month at no charge.
After the files have been archived we will charge an administration fee of £25 if paid through the website or £40 if paid over the phone, BACS or cheque.
Final files can be delivered on a CD for a charge of £12.50 UK postage, £20.00 overseas when paid through the website or £20 UK Postage, £30 Overseas, if paid over the phone, BACS or cheque. This service is only available prior to the files being archived.
We keep all files for a maximum of one year. If we do not receive feedback or file requests within that time the project is seen as complete. Full payment is required after that time if you wish to continue any design package.
Copyright and intellectual property
In this paragraph (and elsewhere in these conditions unless expressly stated otherwise) the following words have the following meanings:
Document: includes, without limitation, in addition to any document in writing, any drawing, map, plan, diagram, design, artwork, picture, photograph or other image, tape, disc or other device or record embodying information in any form.
Input Material: all documents, information and materials relating to the work you have asked us to carry out which either originate from any third party or for which we hold intellectual property rights that have not arisen in connection with our work for you including (without limitation), computer programs, data and specifications and the materials (whether documents or otherwise) specified in correspondence between you and the Company.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
To the extent that we would otherwise own it, the Copyright in all Documents (other than that in any Input Materials incorporated) produced for you will be owned by you on payment in full of our fees. To the extent that any Input Materials, the intellectual Property Rights in which are not owned by us, form part of any work supplied to you are responsible for ensuring that you have appropriate rights or licenses to use such material. If we own the Intellectual Property Rights in any Input Materials incorporated into our work for you we, on payment in full of our fees, grant an irrevocable, perpetual non-exclusive right to use such materials but such license is for the purpose only of your own use of the work and does not allow resale, modification or incorporation into any other document.
We retain copyright and ownership of all other Intellectual Property Rights in all the models, questionnaire and papers we produce in carrying out your project. You may not replicate or reuse any of our models without our written permission.
We are not responsible for breach of copyright or other Intellectual Property Rights on any images or illustrations or other Input Material supplied by you for use in creative work. You warrant that you own the Intellectual Property Rights in all Input Materials that you supply for use in connection with the work you have asked us to carry out. You agree to fully indemnify us against all claims or losses whatsoever and however arising in respect of any breach of any Intellectual Property Rights in any Input Materials.
Where we supply imagery or illustration we will make you aware of the licensing costs for use of these images and you agree to reimburse us for such costs.
Ending our relationship
You may ask us to stop work on your project at any time. If so, please confirm that in writing. We may choose to stop acting for you, but only if we have good reason to do so. For example, if you continually do not give us clear and constructive feedback, do not make a payment when due or when you have not been in contact for more than 30 days without agreeing with us first in writing. If we stop working for you we are still entitled to be paid for what we have done, and may keep your work until we have been paid.
Distance selling regulations
Where we have received instructions from you other than following your personal attendance, under the Consumer Protection (Distance Selling) Regulations 2000, you have a right to cancel the agreement for the supply of our services for up to 7 working days after the day following delivery of these Terms of Business, by giving us notice in writing by post or email.
By placing an order with us you are agreeing to these terms.
Jurisdiction
These terms and our relationship will be governed by English Law. We each submit to the exclusive jurisdiction of the English courts.
Agreement
Unless otherwise agreed, these terms of business apply to any instructions you have already given us and all future instructions you give us. Your continuing instructions in this matter will amount to your acceptance of these terms and conditions of business.
