Terms & Conditions

The below terms and conditions of service apply to all products and services provided by Attribute Design. These are subject to change on individual requirements and projects.

Attribute Design carries out all work on the understanding that the client has agreed to the terms and conditions as listed below. Copyright on all material, is retained by Attribute Design (including; words, pictures, ideas, visuals and illustrations) unless specifically released in writing and after all costs have been settled. If provided with a selection of designs, only a single piece is deemed given by Attribute Design in fulfilling the contract. In this instance, all additional content and material remains the property of Attribute Design, unless agreed in writing (and at additional cost). You should also note that all quotations are estimates, and we will endeavour to make these as accurate as possible. Final invoice will be sent on agreement of total costs. Payment in full or installments is considered acceptance of the final cost.

A.  PROJECT ACCEPTANCE

  1. At the time of proposal, Attribute Design will provide the customer with an estimate or quote in writing.
  2. Full terms and conditions surrounding this can be accessed on the Attribute Design website (http://www.attribute-design.co.uk).
  3. No work on a project will commence, until acceptance of the quotation (and therefore terms and conditions) has been received by Attribute Design. At this point both parties will be made aware of what is included in the full quotation.

B.  DESIGN CHARGES 

  1. All charges for materials and design services will be provided to the client (in writing) prior to acceptance of the project.
  2. Please note that we are a design agency and not a copy writer. All copy is provided at the clients knowledge and acceptance that it is correct. It is therefore the clients duty to proof all artwork and sign off on design prior to print. At which point Attribute Design will not be held responsible for any errors.

 C.  SOURCE FILES

  1. Charges for design work include final articles only and do not include working files (e.g. indd, psd, fla or any other source files).
  2. These can be provided for an additional charge provided in an additional quotation (or included in the original quotation if listed from the start of the project) or for a pre-agreed ‘buy-out’ charge.

D.  CHARGES FOR OTHER SERVICES

  1. On occasion and for continuous projects work may be charged by an hourly rate. This will be quoted in the initial design quotation and should be agreed as stated for a standard quotation in point 2.
  2. On the rare occasion that a project is modified and additional charges amount, these charges will become fully payable (100% of the quoted amount) at the time of acceptance.

E.  PAYMENT

  1. Accounts should be cleared within 30 days of the date of invoice.
  2. After this point an additional charge of 20% per month will occur.
  3. Payments can be made by online payment or cheque (details as of invoice).
  4. Returned cheques will incur an additional £50 charge. Attribute Design reserves the right to consider an account to be in default in the event of a returned cheque.

F.  DEFAULT

  1. Following the return of a cheque or unpaid account (30 days from date of invoice) an account shall be deemed default.
  2. Attribute Design shall be entitled to recall/remove all content from any and all computer systems until the due amount has been fully paid. This includes any charges involved in late fees, hosting, domain registration, design and maintenance, sub-contractors, printers, photographers and libraries.
  3. Removal of said items does not relieve the customers’ obligation to pay agreed and overdue fees.
  4. Clients whose accounts become default agree to cover all legal and third party collection fees and expenses occurred in the enforcement of these terms and conditions.

G.  COPYRIGHT AND TRADEMARKS

  1. In supplying any text, images or other data to Attribute Design (for inclusion in a project) the client declares that they hold the appropriate copyright and/or trademark permissions for use by Attribute Design in said project.
  2. The ownership of supplied materials will remain with the customer (or rightful owner) of the trademark and copyright.
  3. Any materials provided by Attribute Design on behalf of the client will remain the property of Attribute Design. Permission to use materials (of which Attribute Design holds the copyright) can be obtained using the form available here.
  4. On approval from Attribute Design, this permission from grants named client use of said copyright materials in listed applications.
  5. In supplying relevant content (images and text), the client grants Attribute Design permission to use the material freely in the design of the project.
  6. Should Attribute Design, or the customer supply material (image, text, audio clip or any other file) for use in a website, multimedia presentation, print item, exhibition, advertisement or any other project 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 Attribute Design to remove and/or replace the file on the product.
  7. In a scenario where royalties have been breached through material supplied by named client, the customer agrees to fully indemnify and hold Attribute Design free from harm in any and all resulting claims.

H.  ALTERATIONS

  1. Any work required in alteration or ‘improvement’ of supplied artwork will be liable to a separate charge.
  2. The customer also agrees that any changes made by a 3rd party, before or after the publishing of the design holds Attribute Design in no responsibility.

J.  LICENSING

  1. Any design, copywriting, drawing, idea or code created for the customer by Attribute Design and/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 Attribute Design and/or any of its relevant sub-contractors.
  2. 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.
  3. Attribute Design will not be held responsible for any and all damages resulting from such claims.
  4. Attribute Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause.
  5. The customer agrees not to hold Attribute Design responsible for any such loss or damage.
  6. Any claim against Attribute Design shall be limited to the relevant fee(s) paid by the customer.

K.  DATA FORMATS

  1. In acceptance of a project, the client agrees to Attribute Design’s definition of acceptable means of supplying data as listed in the project proposal.
  2. All text copy should be supplied to Attribute Design in a digital format (.txt or .doc) and supplied via memory card, email or FTP.
  3. Images should be supplied in electronic format and provided at correct size and resolution for the project, without need of substantial image processing.
  4. Attribute Design holds no responsibility for any image quality deemed un-satisfactory by the client on supplied materials.
  5. Attribute Design cannot be held responsible for the quality of any images which are scanned from printed materials.
  6. Additional expenses may occur 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.

L.  DESIGN PROJECT DURATION

  1. Any times or dates in relation to a project’s duration given by Attribute Design are to be considered as estimations.
  2. Attribute Design will endeavour to hit all estimates provided in relation to time parameters but will not be held responsible for the over-running of any project, whatever the cause.

M.  RIGHTS OF ACCESS (WEBSITE CONSTRUCTION) 

  1. The client agrees to allow Attribute Design all necessary and required access to computer systems and other locations in order to complete any web based projects and until all due funds are cleared. This includes the appropriate read/write permissions, usernames and passwords.
  2. The client also agrees to allow Attribute Design the relevant access to required computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these terms and conditions.
  3. The customer agrees to supply Attribute Design with all the materials, electronic or otherwise, required to create and complete the project in a timely manner. With this the client accepts that delay in supply of above materials may have an effect on the duration of the project.

N. COMPLETION OF DESIGN PROJECTS

  1. Attribute Design will consider a project complete on clearance of any remaining fees.
  2. Other services including, but not limited to; printing, displays, film work, uploading and publishing etc. either completed by Attribute Design or sub-contracted on the clients behalf, are considered a separate project and are charged and completed separately as stated above.

O.  WEBSITE DESIGN (ONLY)

  1. Attribute Design will proof a template for all website design work prior to the commencement of site coding. Once the template(s) for the website are approved, the site will enter a ‘building’ stage. At this point, any changes to navigation items, colours, structures or content that effect the template will incur an additional charge.
  2. Attribute Design will then enter the site into a ‘review’ stage on completion of the build. At this stage the client will be given an opportunity to test run the site.
  3. During the ‘review’ stage the client will be allowed one set of minor amendments free of charge, providing the amendments are supplied within 14 days of the start of the review period.
  4. Minor amendments to a site include; small textual changes and revision of the placement of items within a template.
  5. Minor changes do not include changes to imagery, colour schemes or any features of the sites navigation.
  6. Minor changes can be supplied to Attribute Design via email or post.
  7. Attribute Design will consider that the client has accepted the original draft, if no notification of changes it received (in writing), within 14 days of the start of the review period.

P.  WEBSITE HOSTING

  1. Attribute Design offers a limited in-house hosting service, provided by an out-sourced virtual server.
  2. Attribute Design does not guarantee continuous service and will accept no liability for the loss of service, whatever the cause.
  3. Attribute Design may request that a client change the type of hosting account used if the current account is deemed by Attribute Design to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient for purpose.
  4. Fees for hosting on Attribute Designs virtual server are due on the commencement of any period of service and are considered non-refundable.
  5. Fees due to third party hosting organisations are the responsibility of the client and Attribute Design will not be held liable for their payment, nor for the renewal of domain names, which is the sole responsibility of the customer/domain owner.

R.  DOMAIN REGISTRATION

  1. Attribute Design cannot guarantee the availability of any domain name.
  2. Where Attribute Design is required to register the domain on behalf of the client, it will endeavour to do so but the client should not assume successful registration.
  3. If a domain is not available, Attribute Design will offer a list of similar available domains (although these cannot be guaranteed and will require fast response to increase the availability chance).

S.  SEARCH ENGINE SUBMISSION

  1. Due to the infinite number of considerations that search engines use to determine a sites ranking, Attribute Design cannot guarantee any particular placement.
  2. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in the search results can vary from one engine to the next.
  3. Rankings will vary as new sites are added.
  4. Attribute Design recommend the use of a professional SEO company and are happy to provide details of such companies, but do not accept responsibility for their services.

T.  DESIGN CREDITS

  1. The client agrees to allow Attribute Design to place a small credit on printed materials (unless otherwise stated) including; displays, advertisement and/or a link to Attribute Design’s website on digital materials and websites.
  2. Design Credits will usually be in the form of a small logo or line of text placed towards the bottom of a page.
  3. The client also allows Attribute Design to place websites or any other designs on the Attribute Design website for demonstration and portfolio purposes and to use any designs in its own publicity.

U.  RIGHTS TO REFUSAL

  1. Attribute Design will not include material including; design, text, images or other data, which is deemed to be immoral, offensive, obscene or illegal.
  2. All advertising material must conform to the standards laid down by all relevant advertising standards authorities.
  3. Attribute Design reserve the right to refuse include submitted material without giving reason.
  4. In the situation where any images and/or content that Attribute Design does include in good faith, and subsequently discovers is in contravention to exterior terms and conditions, the client is obliged to allow Attribute Design to remove the offending article without hindrance or penalty.
  5. Attribute Design is to be held in no way responsible for any such data that has been included.

W.  CANCELLATION

  1. Cancellations of orders may be made initially by telephone contact, or email, however, following this, Attribute Design will require a formal written notification via email or post.
  2. The client will then be invoiced for work completed to date that is over, and beyond the cost of any previous payments.
  3. The balance of the charge must be paid within 30 days of invoice.
  4. Note that any cancellation, which is not formally confirmed in writing and received by Attribute Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

X.  DISCLAIMER

  1. Attribute Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.
  2. Attribute Design will not be held responsible for any damages resulting from the products and/or services supplied.
  3. Attribute Design is not responsible for the loss of any, or consequential loss of data, or non-delivery of products/services, whatever the cause.
  4. Whilst Attribute Design will take reasonable steps in investigation of the materials that have been recommended, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.
  5. The customer agrees not to hold Attribute Design responsible for any such loss or damage.
  6. Any claim against Attribute Design shall be limited to the relevant fee(s) paid by the customer.
  7. Attribute Design 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.
  8. Attribute Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
  9. Attribute Design 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 10% of the total ordered.
  10. Attribute Design 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.

Y.  MISCELLANEOUS

  1. These terms and conditions supersede any previous terms and conditions distributed in any form.
  2. Attribute Design reserves the right to change any rates and any of the terms and conditions at any time and without prior notice.

Z.  ACCEPTANCE OF TERMS & CONDITIONS AND QUOTATION

  1. The placement of an order for design and/or any other services by Attribute Design, by email, verbally or in writing, is deemed to be an acceptance of these terms and conditions, which are freely available at http://www.attribute-design.co.uk/termsandconditions.
  2. An estimate validated by the customer’s written response, 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 Attribute Design.

AA.  10% OFF YOUR FIRST PRINT PROJECT

  1. Must quote ATTFLY1 when requesting a quote.
  2. Limited to one use per client.
  3. Discount is applied to print design work only (will not reduce print costs).

BB.  5% PAYMENT ON ANY REFERRALS

  1. Payment is of 5% of final project design cost.
  2. Payment will be made by bank transfer ONLY.
  3. Attribute Design will supply referee with the amount they are entitled to, at which point invoice should be sent to Attribute for said amount to receive payment.
  4. Payment is valid only on new clients first project.
  5. Referred client should quote “ATTFLY1 + Referee name, address and email” when requesting a quote.