Terms and Conditions
Last updated April 2020
1.0 – Studio
1.1.1 Ave Design Limited is committed to providing the best possible service in the interest of the Client’s business and its objectives once project terms have been agreed.
1.1.2 Ave Design Limited will endeavour to answer brief(s) provided, and will explore directions based on industry knowledge, thorough research and logical development.
1.1.3 Ave Design Limited expects to develop good working relationships, where respect, manners and enthusiasm are shared between all parties involved and across respective professions.
1.2 Opening times
1.2.1 Ave Design Limited’s working Hours are 9.30 – 18.00, Monday to Friday, except holidays, bank holidays or otherwise stated.
1.2.2 Notice will be given if Ave Design Limited is expected to be unavailable for long periods during the agreed schedule of a project.
1.2.3 Please understand that telephone calls and meetings outside of Working Hours may not be possible, unless arranged otherwise, and will be dealt with at the next available opportunity.
1.3.1 In order to manage project details (such as costs, schedules and amends) more effectively, please keep project correspondence in written form via email.
1.3.2 We endeavour to respond to any specific queries, questions, quote requests or retainer requests within four hours of a business day.
1.3.3 We endeavour to pre-inform clients of all team absences, provide detailed handover notes and replacement agency contact (to be introduced at least 12 hours in advance).
1.3.4 Specific financial inquiries can be made via email@example.com.
1.3.5 For any problems, concerns or complaints about Ave Design Limited or any of the services provided please email firstname.lastname@example.org.
1.3.6 Contact reports will be issued via email within 24 hours of meetings, summarising all points discussed and action points for each party moving forward.
1.3.7 Project/account review meeting with Client Management team and client should be held on an annual basis.
1.3.8 Estimates are provided in writing and issued via email for Client approval.
1.3.9 Changes to the agreed specification of a project will be discussed with the Client outlining the knock-on effects to the project schedule and cost estimates.
2.0 – Quotations
2.1.1 Ave Design Limited will not participate in unpaid work, spec work or free creative pitches.
2.1.2 Discussion and negotiation of costs should happen before the quotation has been agreed, unless the course of the project requires new quotations or costs to be added at a later stage.
2.1.3 Accepting a quotation is confirmation of project commitment. Cancellation after this stage may result in reimbursement costs for time booked in by Ave Design Limited or any included third-parties.
2.1.4 Quotations are valid for 30 days. If the quotation has not been agreed within this time, the project will need to be re-quoted and the prices will be subject to change.
2.2 Additional costs
2.2.1 Items not outlined in original quotations may incur extra costs. This will depend on specific project requirements that can evolve over the lifespan of a project.
2.2.2 All costs will be recorded and be made clear to the Client before proceeding.
2.2.3 Extra costs will be added to the final bill, unless exceeding £100 in which they may require part or whole payment in advance.
2.2.4 Extra costs may include (but are not limited to):
- Sourcing and purchasing imagery and illustration from stock libraries
- Sourcing and purchasing fonts and typefaces
- Sourcing and purchasing print materials and processes
- Outsourcing photographers, illustrators, typographers, web developers, animators, composers, voice artists or any third-parties that may be necessary to fulfill the project requirements
- Website hosting
- Domain names
- Other digital services required to fulfill project requirements
- Physical and digital mockups or prototypes
- Delivery of printed finals, items and samples
- Travel costs
- Accommodation costs
3.0 – Invoicing
Ave Design Limited will commence and deliver the agreed project without a financial deposit for a Client with whom there is a longstanding relationship. For projects under the value of £5,000, 100% of the invoice will be paid upon completion of the project.
If a project is for a new Client and/or over the value of £5,000.00 then one of the following invoice models must be followed:
3.1 Model 1
3.1.1 A 50% deposit will be required in order to commence a project
3.1.2 Work will begin once the first payment is received. Please consider this when arranging project schedules.
3.1.3 Final artwork and production files will be released upon receiving full payment at the end of the project.
3.2 Model 2
3.2.1 Ave Design Limited will issue invoices throughout the duration of the project based on completion of the four key project Stages: Define, Design, Develop, Deliver. As such no deposit is required to commence to project, however failure to not pay an invoice within 30 days could delay the schedule of the remaining project deliverables.
3.2.2 Final artwork and production files will be released upon receiving full payment of the final Stage at the end of the project.
3.3.1 An invoice will be created and sent to the Client once the payment model has been agreed. Invoices shall be raised in line with the payment Model.
3.3.2 Client should contact email@example.com if in need of assistance or to discuss payment.
3.3.3 If extra work is required during the project which is not outlined in the original quotation, Ave Design Limited will inform the Client and costs will be added accordingly once agreed. They will be included in the final bill along with any Extra Costs agreed during the duration of the project.
3.3.4 Payments must be made by 28 days of the final invoice date will be subject to late fees of 5% on the remaining balance. This sum will be added to the total after the 28-day period has passed, and will subsequently be added for every 14-day period that goes unpaid thereafter.
4.0 – Scheduling
4.1.1 Ave Design Limited requires reasonable time to complete work requested by the Client to the highest possible standard.
4.1.2 A detailed timing plan will be presented following the award of a project and/or sign off on the agreed brief. This will be updated and redistributed when relevant.
4.1.3 Ave Design Limited makes every effort to achieve agreed delivery dates. Ave Design Limited cannot accept liability or be held financially responsible for any targets or deadlines missed for delivery of any work resulting from extenuating circumstances.
4.2 Extenuating circumstances
4.2.1 Extenuating circumstances may include (but are not limited to):
- Other parties unable to fulfill their agreed delivery times
- Content or project feedback supplied after agreed times
- Sickness or personal injury
- Act of God or any extraordinary incidents beyond the control of Ave Design Limited including fire, flood and drought
- War or an act of terrorism
- Failure of power supply
- Theft, damage or loss of equipment, documents or any other items that are required to complete the work
- Strike action taken by persons, parties and services required to complete the work
- Epidemics or Pandemics
4.2.2 If dates and times need to be altered by any of the parties involved in a project, it is important that all parties are informed in reasonable time and agree with the new schedule given.
4.2.3 Alternative solutions may be considered to meet deadlines if necessary, though this may incur further costs.
5.0 – IP
5.1 All work, physical and intellectual, is the property of Ave Design Limited until final payment has been received. Once final payment has been confirmed, ownership will be handed over unless stated otherwise.
5.2 Unused and discarded concept work not included in final designs will remain property of Ave Design Limited, fees cover ownership of final chosen designs only.
5.3 If final payment is not made, or the project is canceled before completion, Ave Design Limited retains ownership and reserves the right to reuse or amend any ideas at will.
5.4 Ave Design Limited always intends to make original work. Ave Design Limited cannot guarantee the exclusivity of any concept, strategy, design or other intellectual or physical property provided. Ave Design Limited will not accept liability for any alleged claim of unintentional similarities between work undertaken and third-party property.
5.5 It remains the Client’s responsibility to seek copyright protection, if desired, for any intellectual property provided by Ave Design Limited after ownership is transferred to the Client.
5.6 Ave Design Limited reserves the right to use creative concepts and final design work for the purposes of marketing activities (both online and offline) unless otherwise agreed with the Client.
5.7 It is not permitted for any person to copy, use or reproduce any work or content created by Ave Design Limited, including content used in this website or in any form of correspondence with Ave Design Limited, without the consent of Ave Design Limited.
6.0 – Terminating a project
6.1 Ave Design Limited will endeavour to create the best possible work for any given project. Due to the varying nature of creative work and timescales, the output can vary. By agreeing to work with Ave Design Limited, the Client confirms an understanding of the skills and work ethic Ave Design Limited provides. If the Client is not satisfied with work produced under this agreement, Ave Design Limited will attempt to reach a favoured solution for all parties, otherwise the Client is entitled to leave the agreement.
6.2 If the Client chooses to leave the agreement, Ave Design Limited reserves the right to request payment for the time spent up until the date of cancellation. Ave Design Limited provides a service in which costs cover time spent, hence are non-refundable. Records of time spent are kept throughout all projects.
6.3 The Client will also need to pay any outstanding Extra Costs accumulated during the project up until that point.
6.4 Any cancellations with third-parties involved or booked during the project on behalf of the Client will depend on their cancellation terms and are not the responsibility of Ave Design Limited. The Client agrees to pay any outstanding third-party invoices or cancellation fees.
6.5 Reimbursement may also be considered for booked time that as a result is canceled.
6.6 If the total cost of hours undertaken before cancellation and reimbursement accumulates to less than the deposit paid, Ave Design Limited will refund the difference back into the account of the original payee.
6.7 In the event of cancellation, all discounts will be void and will not be factored into any cancellation fees, outstanding fees or refunds.
6.8 Any outstanding fees will be expected to be paid within 14 days of the cancellation invoice date. Payments made after 28 days of the invoice date will be subject to late fees of 5% on the remaining balance. This sum will be added to the total after the 28-day period has passed, and will subsequently be added for every 14-day period that goes unpaid thereafter.
6.9 Ave Design Limited reserves the right to cancel any project at any given time if the project, Client or any parties involved do not meet requirements outlined in these terms. Cancellation fees and terms still apply.
6.10 All work, physical or intellectual, undertaken before cancellation will remain property of Ave Design Limited unless stated otherwise, and may be subject to a release fee in order to transfer ownership.
7.0 – Disputes
7.1 If the Client has any disputes before, during or after a project, the Client will be advised to email firstname.lastname@example.org in order to ensure any issues are resolved effectively and in an appropriate manner.
7.2 Any claims made by the Client against Ave Design Limited are limited to the amount of the total payment made to Ave Design Limited by the Client.
8.0 – General
8.1 Ave Design Limited will take appropriate care to ensure the safety and security of physical and intellectual property belonging to the Client. Ave Design Limited also puts emphasis on care and consideration for the mental and physical wellbeing of any persons involved in work undertaken.
8.2 Ave Design Limited will not accept liability for any of the following:
- Spelling or grammatical errors in content supplied to Ave Design Studio by the Client.
- Issues or errors with images and illustrations supplied to Ave Design Studio by the Client.
- Damage, theft or loss of any information or physical items belonging to the Client or any persons involved in, or resulting from, work undertaken by Ave Design Limited.
- Health and safety issues or injury claims made by persons involved in, or resulting from, any work undertaken by Ave Design Limited.
- Any damages to physical work or delays in delivery times involving work undertaken by Ave Design Limited. Please allow sufficient time for delivery and quality control.
- Downtime of any web hosting providers or if any online security is breached involving work undertaken by Ave Design Limited.
8.3 Once final proofs and materials have been signed off, Ave Design Limited cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.
8.4 Any changes required after final sign-off may incur extra costs. In some cases, such as printed material, the possibility of making changes will depend on production and if any third-parties involved will allow this.
8.5 Any website errors, bugs or security breaches that occur after final sign-off may result in extra costs in order to be fixed.
9.0 – Legal
9.1 This agreement indemnifies Ave Design Limited in respect of any claims, costs and expenses arising out of any libelous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material published (both online and offline) for the Client. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
9.2 Ave Design Limited reserves the right to change the Terms and Conditions at any time without prior notice.
9.3 These Terms and Conditions, and use of this website, shall be governed by and construed in accordance with the law of England.
9.4 Any court proceedings shall be subject to the exclusive jurisdiction of the English courts.