Terms and Conditions
Please read the following terms and conditions carefully.
The following Terms and Conditions of Service apply to all products and services provided by Kristyn Design.
All work is carried out by Kristyn Design on the understanding that the client has agreed to Kristyn Design terms and conditions.
Copyright is retained by Kristyn Design on all design work including words, pictures, ideas, visuals, and illustrations unless specifically released in writing and after all, costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by Kristyn Design as fulfilling the contract. All other designs remain the property of Kristyn Design unless agreed in writing that this arrangement has been changed.
1. Project Acceptance
At the time of proposal, Kristyn Design will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Kristyn Design website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Kristyn Design. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Kristyn Design terms and conditions. No work on a project will commence until either document has been received by Kristyn Design.
2. Design Charges
Charges for design services to be provided by Kristyn Design will be set out in the written estimate, quotation or set package rates that is provided to the customer. At the time of the customer’s signed acceptance of this estimate, quotation or package order, indicating acceptance of the Terms & Conditions, a refundable deposit of 50% or 100% depending on the project of the quoted fee will become immediately due. Work on the project will not commence until we have received this amount.
3. Charges for Other Services
Charges for any additional services over and above the estimated design will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
If no delivery date for final Artwork is decided upon and noted during the initial consultation Kristyn Design will declare the project completed within 12 months, including any revisions outstanding. Kristyn Design will invoice the client for any additional services/revisions requested for final payment of total project and non-payment will result in collection processes. Legal action may also be taken by Kristyn Design to recover all monies owed.
Payments may be made by cash, cheque, or (for overseas customers), Pound Sterling International Money Order or previously agreed electronic funds transfer.
Publication and/or release of work done by Kristyn Design on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of £50 per returned cheque. We reserve the right to consider an account to be in default in the event of a returned cheque.
All goods shall be paid for at the time of order in full or in a deposit.
No goods shall be dispatched or collection allowed until paid for in full.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Kristyn Design shall be considered entitled to remove the customer’s material from any and all computer systems until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers, and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
6. Copyrights and Trademarks
By supplying text, images, and other data to Kristyn Design for inclusion in the customer’s website or another medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Kristyn Design on behalf of the customer, will remain the property of Kristyn Design and/or its suppliers.
The customer may request in writing from Kristyn Design, the necessary permission to use materials (for which Kristyn Design holds the copyright) in forms other than for which it was originally supplied, and Kristyn Design may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to Kristyn Design the customer grants Kristyn Design permission to use this material freely in the pursuit of the design. Should Kristyn Design, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium 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 Kristyn Design to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Kristyn Design free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design and not included within the client order of package will be liable to a separate charge.
The customer also agrees that Kristyn Design holds no responsibility for any amendments made by any third party, before or after a design is published.
8. Data Formats
The client agrees to Kristyn Design definition of acceptable means of supplying data to the company.
The text is to be supplied to Kristyn Design in electronic format as standard text (.txt), MS Word (.doc) on a floppy disc, or CD-ROM, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Kristyn Design via CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and the Kristyn Design will not be held responsible for any image quality which the client later deems to be unacceptable. Kristyn Design cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
9. Design Project Duration
Any indication given by us of a design project’s duration is to be considered by the customer to be an estimation. Kristyn Design cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Kristyn Design for the initial payment or by date confirmed in writing by Kristyn Design
10. Design Project Completion
Kristyn Design considers the design project complete upon receipt of the customer’s signed Approval Email. Other services such as printing, CD copy, additional extra’s etc either contracted on the client behalf constitute a separate project and can be treated as a separate charge.
11.1 All claims for refund must be made within 3 days of agreement with Kristyn Design in writing and will be issued within 5 days of acceptance, a refund cannot be demanded at any later date and will be voided.
11.2 Claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 5 days of delivery.
11.3 All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach us within 5 working days of receipt of goods or such goods shall be deemed to comply as to quality and quantity within the terms of the contract.
11.4 You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at the time of delivery.
11.5 Claims in respect of non-delivery must be made in writing so as to reach us within 3 days from receipt of our invoice.
11.6 Kristyn Design shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals or loss of such profits, income production or accruals or by reference to accrual of such, claim, damages or expenses on a time basis.
12. Design Credits
The customer agrees to allow Kristyn Design to place a small credit on printed material, exhibition displays or advertisements. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Kristyn Design to place websites and other designs, along with a link to the client’s site on I own website for demonstration purposes and to use any designs in its own publicity.
Any confidential information acquired by Kristyn Design from a client business, person or entity will not be disclosed to any other person or entity except when required to do so by law.
14. Rights of Refusal
Kristyn Design will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Kristyn Design also reserves the right to refuse to include submitted material without giving a reason. Any images and/or data that Kristyn Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Kristyn Design to remove the contravention without hindrance, or penalty. Kristyn Design is to be held in no way responsible for any such data being included.
If, for some reason, you are not happy with your artwork after receiving your initial concept or the service we provide, tell us and we will provide a refund with a minus 75% to cover administrative cost will be deducted off your initial design amount or your full deposit for any work. Kristyn Design will own all rights of samples and concepts.
If for some reason, we have NOT started your project and you have NOT been in contact with Kristyn Design for more than 3 days, we will provide a full refund no questions asked.
If, for some reason, you are not happy with your final print product, tell us and we will provide a refund ONLY if Kristyn Design has agreed.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Kristyn Design will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by the Kristyn Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
17. External Links
From time to time, Kristyn Design may provide links to other, third-party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. Kristyn Design does not endorse or take responsibility for the content on other websites and you agree that Kristyn Design is not liable for any loss or damage that you may suffer by using other websites.
Kristyn Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Kristyn Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Kristyn Design is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Kristyn Design responsible for any such loss or damage. Any claim against Kristyn Design shall be limited to the relevant fee(s) paid by the customer.
Kristyn 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. Kristyn Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Kristyn 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 100% of the total ordered. Kristyn Design recommend that if an exact quantity is required, then 100% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Kristyn Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
20. Choice Of Law
These terms shall be governed by and construed in accordance with the laws of England and Wales.
21. Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Kristyn Design and validated by the customer’s signature on the estimate or quotation form, 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 Kristyn Design