terms & conditions
The following Terms and Conditions of Service apply to all products and services provided by Think Tank Creative Design Ltd (hereinafter referred to as TTCD) and in the event of any dispute are governed by the laws of England.
All work is carried out by TTCD on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by TTCD 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 designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of TTCD, unless specifically agreed in writing.
Services to be provided by TTCD will be charged at the current hourly rate or, if requested, as set out in the written estimate or quotation that is provided to the customer.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright digital source files. If the Client requests these files, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will be added to the total cost of the job.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment.
Payments may be made by cheque or online transfer.
Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery.
Copyrights and Trademarks
By supplying text, images and other data to TTCD for inclusion in the customer’s job, 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 TTCD on behalf of the customer, will remain the property of TTCD and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from TTCD, the necessary permission to use materials (for which TTCD holds the copyright) in forms other than for which it was originally supplied, and TTCD may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not TTCD.
By supplying images, text, or any other data to TTCD, the customer grants TTCD permission to use this material freely in the pursuit of the design.
The customer agrees to fully indemnify and hold TTCD 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 in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that TTCD holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by TTCD, 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 TTCD.
All design work – where there is a risk that another party may 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.
TTCD will not be held responsible for any and all damages resulting from such claims.
TTCD is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold TTCD responsible for any such loss or damage.
Any claim against TTCD shall be limited to the relevant fee(s) paid by the customer.
Any indication given by TTCD of a design project’s duration is to be considered by the customer to be an estimation. TTCD cannot be held responsible for any project over-runs, whatever the cause.
The customer agrees to allow TTCD to place a small credit on printed material exhibition displays, advertisements and/or a link to TTCD’s own website on the customer’s website. 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 TTCD to place websites and other designs, along with a link to the client’s site on TTCD’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Cancellation of orders may be made initially by telephone contact, but must be confirmed via e-mail. The client will then be invoiced for all charges to date.
TTCD makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. TTCD will not be held responsible for any and all damages resulting from products and/or services it supplies. TTCD 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 TTCD responsible for any such loss or damage. Any claim against TTCD shall be limited to the relevant fee(s) paid by the customer.
TTCD 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. TTCD will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
TTCD 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. TTCD 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.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. TTCD reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by TTCD, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.