+44 (0)798 42 72 413 | mail@kelvinhughes.eu

The small print

Terms of Business

FEES
The fee includes all work stated in the quote. Unless otherwise noted, it does not include any outside supplier costs such as trade mark searches, couriers, travel, illustration, photography, shoot production, art supplies, research materials, retouching, colour separation, film production, printing, and media bookings. These additional expenses will be invoiced directly by the third party supplier to the client ("you"). Alternatively, outside supplier purchases I pay for on your behalf shall carry a 25% handling charge when invoiced to you.

CHANGES TO BRIEF AND REVISED OR ADDITIONAL WORK
I will supply a new quote for any changes to the brief or for revised or additional work. Any services provided by me at any time over and above those comprising our proposal or revised proposal(s) shall be subject to an additional fee. Any work or services already provided and which at your request are to be repeated or
re-presented shall be subject to an additional fee, except at our sole discretion. There shall be no reduction in the amount of fees for work or services not accepted by you.

INVOICING AND PAYMENT
All creative fees are payable upon commencement of work. If we issue purchase orders on your behalf which require advance payment, we may invoice for an advance of up to 100% of the budgeted expenses. Cleared funds must reach our account before commencement of work. The balance of the fee for each stage will be invoiced at the end of the stage or monthly, relative to the work completed, if the stage lasts more than one month. The duration of the stage includes design and creativity but not production (such as printing or website builds) unless specifically negotiated. All prices are quoted exclusive of VAT. Payment in full shall be made within thirty (30) days from the date of invoice. Interest of 8% above the Bank of England base annual rate, calculated monthly, will be charged if these terms are exceeded.

TERMINATION
This project may be terminated at any time by either of the parties by giving written notice. If we terminate the project we agree to carry out all work already paid for or reimburse the fees to you for any work already paid for and not carried out. If you terminate this project upon completion of a stage, then you shall incur our fees and expenses up to the end of that stage. If you cancel this project during a stage, then you agree to pay the full agreed fee for that stage and all expenses incurred up to cancellation, including any expenses related to unpresented work which may have already commenced. You agree to reimburse us for any already commissioned costs of third parties.

USAGE OF WORK
Your usage of our material and/or service ("Work") is restricted to the specific purpose described in our proposal. We will quote separately for other usage if it is intended that our Work will be used in any wider context than indicated in our proposal. All Work shall remain our sole property unless otherwise agreed. Any creative proposals we present to you and do not proceed to develop and produce, for any reason, remain our sole property and may not be used or copied in any shape or form.

QUALITY
Any complaint or notification of error concerning my Work must be notified to us in writing within 7 days of receipt by you and in absence of such notice you shall be conclusively deemed to have accepted such Work. It shall be your responsibility to check and approve the content of all Work submitted to you including text, photography, illustrations, technical drawings and artwork. We shall not be responsible for any errors therein which are not corrected by you.

ACCESS TO ARTWORK
You shall allow us reasonable access to photography, illustrations and original artwork produced by us and to reproduce and publicise such photography and/or original artwork together with background copy for the purpose of promoting our business.

DIGITAL FILES
We retain all rights of ownership over digital files we supply to you. Any files to which you have access during the project must be returned to us and you may not retain copies. You may not amend or otherwise use the digital files for any purpose without our express permission. Certain files, such as licensed library images, radio commercials (containing music and/or voice over artists) TV commercials and similar will always require further licensing (wherever full rights have not been sought and paid for in advance) and/or repeat fees following their original commission and use. We will advise and provide quotes (where possible) prior to further use of these files.

GOVERNING LAW
These Terms of Business shall be governed in all respects by the laws of England and subject to the exclusive jurisdiction of the English courts.

Liability Disclaimer

The information, software, products, and services included in or available through the kelvinhughes.eu sites/services may include inaccuracies or typographical errors. Changes are periodically made to the kelvinhughes.eu sites/services and to the information therein. kelvinhughes.eu and/or its respective suppliers may make improvements and/or changes in the kelvinhughes.eu sites/services at any time. Advice received via the kelvinhughes.eu sites/services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. kelvinhughes.eu and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the kelvinhughes.eu sites/services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind, express or implied. To the fullest extent permitted by law kelvinhughes.eu and/or its respective suppliers hereby disclaim all warranties, conditions and other terms with regard to this information, software, products, services and related graphics, including all implied warranties, conditions or other terms of satisfactory quality, merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that kelvinhughes.eu shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through a kelvinhughes.eu site/service. You specifically agree that kelvinhughes.eu is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that kelvinhughes.eu is not responsible for any content sent using and/or included in a kelvinhughes.eu site/service by any third party. To the fullest extent permitted by law in no event shall kelvinhughes.eu and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data revenues or profits, arising out of or in any way connected with the use or performance of the kelvinhughes.eu sites/services, with the delay or inability to use the kelvinhughes.eu sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the kelvinhughes.eu sites/services, or otherwise arising out of the use of the kelvinhughes.eu sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if kelvinhughes.eu or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the kelvinhughes.eu sites/services, or with any of these terms of use, to the fullest extent permissible byEnglish law, your sole and exclusive remedy is to discontinue using the kelvinhughes.eu sites/services. The limitations on and exclusions of liability for damages in this agreement apply regardless of whether the liability is based on breach of contract, tort (including negligence), strict liability, breach of warranties, or any other legal theory. Nothing in this agreement limits kelvinhughes.eu liability for personal injury or death caused by negligence or fraud.

General Terms and Conditions

This website and any content is for information purposes only and kelvinhughes.eu, does not make any representation or warranty (express or implied) and does not accept any responsibility or liability as to, or in relation to, the accuracy or completeness of the information contained on the website or any other written or oral information made available to any interested party or its advisers and any liability in respect of any such information or any inaccuracy on, or omission from, the website is to the fullest extent permitted by law expressly disclaimed.This website may contain links to other website, which are not under the control of and are not maintained by us. We are not responsible for the content of such website. We provide these links for your convenience only but do not endorse nor edit nor vet the material on such website. We exclude all liability arising or resulting therefrom.This website, its contents, the services described, and/or supplied pursuant to, the same and these terms and the terms of any such supply shall be governed only by Welsh and English law and the courts of Wales and England shall have exclusive jurisdiction over any claims/disputes arising in relation thereto. If any of these provisions shall be declared invalid in whole or in part, such provision shall be severed and the remaining provisions and/or part shall remain in full force and effect.kelvinhughes.eu may revise these terms at any time by updating this posting. You should visit this page from time to time to review the, 'then current' terms, because they are binding on you. Use of this website constitutes acceptance of the terms and conditions. Any material, information or other communication you transmit or post to this site will be considered non-confidential and non-proprietary ('submissions'). kelvinhughes.eu will have no obligations with respect to the submissions. kelvinhughes.eu and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material that would violate any law. kelvinhughes.eu may, but is not obligated to, monitor or review any areas on the site where users transmit or post submissions, including but not limited to bulletin boards and the content of such submissions. kelvinhughes.eu, however, will have no liability related to the content of any submissions, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. kelvinhughes.eu retains the right to remove submissions that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.

 

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For full business terms and conditions please email mail@kelvinhughes.eu

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Contact

T +44 (0)1273 475778
M +44 (0)798 42 72 413
mail@kelvinhughes.eu
Gundreda Road
Lewes
East Sussex
BN7 1PX
United Kingdom

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