Terms & Conditions
Terms & Conditions of Business 2016
I’m not a fan of stuffy Ts & Cs that talk in the third person, so for the below necessaries the terms I, me or myself applies to me (Foxcub Studio) and you, your or yourself applies to you (the client). The word project is used as an alternative description for any work I undertake for you.
All services I provide for you are subject to the following Terms & Conditions:
You are politely requested to send me an email confirming that you have read and accepted the following Terms & Conditions of Busiess prior to work commencing. Any exceptions must be agreed and confirmed by email between you and I prior to work commencing.
I prefer to charge by the hour, however some projects may be better suited to a flat fee, so please discuss this with me prior to work commencing. Please note that I reserve the right to change my rates at any time (unless you are part way undertaking a project with me, in which case I will honour the original price stated at the time of agreement until completion of your project).
Prior to work commencing I can offer an estimate of cost upfront but this is merely a guide to help you plan your budget. I cannot be held to that price, but as we progress I will inform you if the project looks likely to cost more than the original estimate.
As this can be a bit of a grey area, I’d like to be clear about what I charge for. Your initial meeting with me (be that in person or by telephone call) is free of charge but if I am travelling to you then I will charge travel time at my hourly rate. Further meetings and travel time will be charged at my hourly rate. As well as design time, I will also charge my hourly rate for any necessary research related to your project, and communication (phone calls & emails) between you and I, or between myself and third party services in relation to your project.
Sometimes, dealing with printers can be daunting for a client. In addition to providing final print-ready artworks, I can gather quotes, arrange printing and give final approval on proofs to make this process easier for you. When this occurs I charge 15% of the printing costs as an arranging and handling fee.
If it’s a relatively quick job I will bill you after the work is completed, but otherwise I will bill you in stages as I find this is preferable for both myself and my clients. You are required to inform me concerning any discrepancies about the details of an invoice within 7 days from date of the issue.
Any printing charges, fonts or other materials needed to complete your project will be paid upfront by myself to the value of £200. I will incorporate these costs into your invoice. Anything higher (for example high printing costs) than this will need to be paid upfront by yourself.
You will be liable for all billable expenses (printing, fonts, storage costs, research, photocopying etc) regardless of whether the project is cancelled or terminated.
If you are a new client, I require a 25% deposit up front before work commences.
Currently I do not charge VAT.
You have 14 days to make payment from the date my invoice is issued to you. BACS transfer is the only method of payment I accept (cash or cheques will not be accepted).
Copyright and Ownership
Copyright and licensing of the work I create for you is to be discussed on a project by project basis before the project commences. I reserve the right to use any work designed for you in a promotional capacity (on my website or printed marketing materials).
The agreed copyright & license will transfer to you only after full payment of the fees has been recieved. I will send out a high-res, unwatermarked version of the files only after full payment has been recieved.
I may contract with other creative professionals to provide services such as web development, photography, and illustration if I feel this will benefit your project. I will be transparent and open with you about this. You will still retain full ownership and copyright as listed above of any third party work undertaken.
While you will gain ownership of all final artwork (as agreed in the above Copyright & Ownership section), I do not supply original artwork for you to amend yourself or provide to a third party to change or develop in any way. In terms of print, a final PDF outlined file for printers to use is provided, beyond this no original design type of any kind will be provided to you unless agreed by myself and confirmed by email.
Proof-reading & sign-off procedure
While I will always endeavour to point out any spelling mistakes, inaccurate wording or picture content of any printed material regarding your project, ultimately the responsibility of content lies with you. At proofreading stage please thoroughly check all wording and content is correct. I will make any final corrections and then you will need to sign this off before the artwork goes to final print. I cannot be held liable for any mistakes once the final artwork has gone to print unless it is an artworking issue. Please read the Termination and Liability sections for further information about this.
In the hopefully unlikely event that you are unsatisfied with my work you have the right to terminate my services at any time. You are required to write this in an email and I will reply accepting the request for termination before this can take place. You will be required to pay any outstanding hours of work up until the point at which I reply confirming I have received your termination request. Upon termination, refunds will not be given for any of my design work deemed unsatisfactory by yourself in terms of design style and you will still be required to pay for this work.
With regards to printed material, in the unlikely event that a clear-cut artworking mistake has been made on my part then I will correct the issue free of charge and pay for a reprint (unless the error lies with the printers).
I also reserve the right to terminate my services to you at any time. Where possible, termination of any or all services will be accompanied by one month’s notice on my part.
I will not be held liable for:
• any mistakes in terms of inaccurate content, spelling or wording for any printed material I design for you (please see paragraph on ‘Proof reading & sign-off procedure’) and therefore any costs to reprint it.
• the cost of reprinting any material deemed poor quality from the printers. In the circumstance where the printer is at fault I will endeavour to get a full refund from them on your behalf, or a reprint free of charge.
• the loss or damage to the client or any other party including loss of income
• failing to complete your project due to circumstances beyond my control, including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.
• failing to complete your project on time due to any unexpected illness or bereavement on my part.
All work is backed up on 2 external hard drives at end of each day so you can have peace of mind your designs are safe!
You are required to inform me by email before the project commences if any portion of any material or information you provide is confidential.
Please note that your details will not be passed on to any third parties.
Note that these Terms and Conditions were put in place on 29/02/16 but are subject to change at any time. However, if you are part way undertaking a project with me I will honour the original terms stated on this site at the time of agreement until work on your project is completed.
Terms of Website use
Other applicable terms
- Our Privacy & Cookie Policies which set out the terms on which we process any personal data we collect from you, or that you provide to us and provides information about the cookies on this site. By using this site, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Acceptable Use Policy & Content Standards, annexed to this document, which sets out how you can and cannot use this site, including the use of any interactive features, our responsibilities to you and the penalties for breaching the policy.
Information about us
This site is operated by Foxcub Studio which is a trading name of Eleanor Jahnz.
Changes to these terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to this site
We may update this site from time to time, and may change the content at any time. However, please note that any of the content on this site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that this site, or any content on it, will be free from errors or omissions.
Accessing this site
This site is made available free of charge.
We do not guarantee that this site, or any content on it, will always be available or be uninterrupted. Access to this site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of this site without notice. We will not be liable to you if for any reason this site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to this site.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in this site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from this site for your personal use and you may draw the attention of others within your organisation to content posted on this site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on this site must always be acknowledged.
You must not use any part of the content on this site for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
The content on this site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this site.
Although we make reasonable efforts to update the information on this site, we make no representations, warranties or guarantees, whether expressed or implied, that the content on this site is accurate, complete or up-to-date.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, this site; or
- use of or reliance on any content displayed on this site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide this site to you for domestic and private use. You agree not to use this site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on this site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services by us to you, which will be set out in our Agency Agreement or Temporary Worker Agreement as applicable.
We do not guarantee that this site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access this site. You should use your own virus protection software.
You must not misuse this site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this site, the server on which this site is stored or any server, computer or database connected to this site. You must not attack this site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this site will cease immediately.
Linking to this site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
this site must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards as notified to you from time to time.
If you wish to make any use of content on this site other than that set out above, please contact us.
Third party links and resources in this site
Where this site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
Acceptable Use Policy
You may use this site only for lawful purposes. You may not use this site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of this site in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of this site;
- any equipment or network on which this site is stored;
- any software used in the provision of this site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on this site.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular for children) from third parties when they use any interactive service provided on this site and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on this site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to this site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of this site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use this site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to this site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on this site.
To contact us, please use the contact details as provided in the footer or the contact form.
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