Terms and Conditions
Terms & Conditions of Business
Acceptance of quotation and payment of deposit will be taken as acceptance of the following terms and conditions. Please ensure you have read and fully understand what is written below. Please contact us if you have any questions.
1) All costs provided exclude VAT (where applicable) and are valid for thirty days from the date of the quotation.
2) The costs provided when quoting are guide prices based upon what Annika Bowhay Marketing anticipate; the creative input, time, and production requirements are based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this well in advance. Charges are unlikely to deviate significantly from those quoted unless requirements change, however please allow a 10% contingency on price when considering your budget to allow for potential unanticipated requirements, additional development or more changes. Please also note that late payment of invoices may result in additional charges being incurred.
3) No creative or development work will commence until the agency has received written approval of the quotation (by hand or by email). A deposit may be required, depending on the project (will be agreed in writing). This ensures that I am fully equipped to provide the very highest levels of service and expertise, from project inception through to completion. This also applies if a project is delivered in ‘stages’; Payment might have to be made upon completion of these stages.
4) Unless otherwise agreed in writing, the balance of payment will be due in full on project completion (e.g., delivery of printed items, deployment of website, sending of e-shot etc): failure to make final payment at this point may result in delays in project
delivery. All invoices must be settled in full prior to go live or final supply of assets and materials. Late payments may result in additional charges being made.
5) If a quotation has been provided where a job will be approached in ‘phases’, each stage will need to be paid in full on completion of each stage, before I am able to progress to the next phase. Where a job is being charged in stages (for example, an initial 50% deposit and two further payments of 25% each) the balance of payment may be charged in full either on completion of the project or over a number of further staged payments at my discretion.
6) What constitutes a project’s completion shall be at Annika Bowhay Marketing’s sole discretion.
7) If any project exceeds the estimated timeline agreed or extends beyond twelve weeks from approval of quotation (whichever occurs first), the Annika Bowhay Marketing reserves the right to invoice 50% of any outstanding balance, with the remaining 50% payable on completion. I reserve the right to invoice for completed work irrespective of content or final approval being provided by the client.
8) Any printing, fulfilment, mailing or third-party services that are provided by me will require a minimum up-front payment of 75% (possibly higher in relation to value) of the agreed cost (this figure will be at the discretion of Annika Bowhay Marketing and may in some cases be as much as 100%). Please note that I will be unable to proceed to this stage without receipt of proof of this payment (crucial especially for trade shows and advertising where deadline apply!)
9) Unless otherwise stated above or previously agreed in writing, all invoices are due within four weeks of any invoice date. Please note points number 3, 4, 5 and 8 above and how this could have an impact on time scales.
10) Unless otherwise agreed in writing, work will usually commence within ten working days of deposit receipt. Any estimated completion date provided by me is subject to options chosen and client co-operation in provision of information, resources (logos, images etc.) and approval. Please be aware that circumstances, amends requested, or additional requirements may potentially result in delays. Unless otherwise agreed in writing time is not of the essence and all timelines and completion dates are estimates only and Annika Bowhay Marketing will not be held liable if the project over-runs due to delays caused by the client passing information or approval, or any third party issues or force majeure (acts of God).
11) Costs provided allow for presentation of a minimum of two creative options per brief for the client to choose from. In the unlikely event that the client is not satisfied with the first round of presented work, Annika Bowhay Marketing will develop a further round of additional creative development and presentation. If after this third round there is still no agreement on direction, Annika Bowhay Marketing reserves the right to bring to an
end any agreement with the client with no refund of deposit or payments made previously.
12) Costs provided allow for a maximum of three sets of client amends after which time additional charges may become payable, although the client would be made aware of this in advance.
13) At the end of each stage of the process (including – but not limited to – before sending an item to print or publishing a website etc.) the client will need to ‘sign-off’ their approval either in person or by email. No further development can be undertaken until I am in receipt of written approval confirmation. Any amends to work after signed approved may incur additional charges for further time spent, although the client would be made aware of this in advance.
14) Costs provided allow for occasional meetings at key stages for a ‘reasonable’ length of time between the Annika Bowhay Marketing and client. What constitutes a reasonable length is at Annika Bowhay Marketing’s sole discretion. Some meetings may incur additional charges for time spent, although the client would be made aware of this in advance.
15) Unless otherwise agreed in writing, projects are subject to a ‘standard disbursement charge’ to cover anticipated costs for in-house colour printing, travel, postage etc.
16) The Client shall pay all travel, accommodation and expenses for the purposes of any trade show service. Annika Bowhay Marketing shall provide an estimate of expenses prior to their being incurred but these may vary from those actually incurred.
17) Unless otherwise agreed in writing, our Costs exclude:
– VAT (where applicable)
– stock library images
– travel, accommodation and expenses more than 25 miles from Annika Bowhay Marketing’s current address
– other third-party costs incurred (such as merchant bank and payment gateway charges) etc.
Each of these expenses shall be due and payable from the Client.
18) It is assumed that unless otherwise stated, most copy and images will be provided by the client, although Annika Bowhay Marketing will contribute to this (through headlines, and top-line messages etc.) as a natural part of the creative process. Extra image requirements sourced by us will be charged at cost + 20% (+ VAT where applicable), with prior client notification.
19) Annika Bowhay Marketing recommends that clients use our preferred suppliers for print and is able to provide competitive quotations to ensure high quality and service is maintained until delivery of the final product. We always seek a number of quotations from our trusted print suppliers and provide a complete management service: from print sourcing to print-liaison to proof checking. Although clients are not contract-bound to use Annika Bowhay Marketing to provide this service, it is highly recommended for quality control and peace of mind. If a client prefers to use their own print supplier, we will simply provide artwork directly to the client to manage and forward, and will be unable to monitor, advise or take any responsibility for the process or final output.
20) In agreeing these terms and conditions client accepts that in the supply of all goods and services under these terms and conditions due to a variety of factors there will often be variance in colours shown between in-house proofs, colours on any screen, printer’s proofs, and final printed items. These factors are determined by the source of the print or visual (each output source e.g. the agency printer, the client’s printer, the image setter, the monitor etc. will differ from the other), the types of inks or make-up of colours (even Pantone colours can vary significantly and often surprisingly depending on what stock or substrate they are printed on), the type of print process (short-run digital, longer-run litho printing), the substrate (paper, card, plastic etc.) used, individual preferences (ambient light, personal computer settings etc.) and several other reasons. As a result of this Annika Bowhay Marketing is unable to guarantee the consistency and accuracy of colour on all items and may not always be able to achieve the exact result expected by the client. In the case of printed items, the only true guide as to what is likely to be produced, is to request a ‘wet-proof’ on the actual intended substrate with the actual inks to be used, although this will incur additional cost. However as long as the client accepts there may be inconsistencies across work produced, this step may not be necessary. Annika Bowhay Marketing does not accept any responsibility for colour variations as a result of these indeterminate factors.
21) When organising, creating and managing a trade show stand, Annika Bowhay Marketing will not be responsible for any goods that are shipped directly from the client to the event. It is the client’s sole responsibility to make sure all property is adequately insured and that and health & safety regulations are followed (in terms of packaging, shipping and the property itself). If the client chooses a third party to build the stand Annika Bowhay Marketing is not liable for any damage or accidents and it is the Client’s sole responsibility to ensure with the third party) that appropriate insurance cover is in place at all times.
22) If the Client wishes to cease to use Annika Bowhay Marketing’s services it must give prior written notice and:
The Client shall be required to pay the full quote and any incurred expenses if any of the graphics, stand services and stand builders have been booked by Annika Bowhay Marketing Services. The Client shall be provided with written confirmation before this occurs.
For day-to-day marketing services a written notice of 4 weeks must be given. A final invoice will be issued at the end of the four weeks.
23) Until payment is received in full, all designs, artwork and rights to design and artwork (whether in digital or printed format) remain the intellectual property of Annika Bowhay Marketing. Full copyright and ownership of all ‘commissioned’ work will reside with Annika Bowhay Marketing until full payment has been received, at which point it will be surrendered to the client, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options, files, images or documents developed throughout the process). This agreement is subject to appropriate credit and acknowledgment appearing wherever possible and the agency’s right to use the work for self-promotion in its portfolio, in presentations, in advertising, in print and online.
24) Annika Bowhay Marketing will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique within my work. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark with the ‘UK Intellectual Property Office’ if required.
25) If requested, Annika Bowhay Marketing will (at its sole discretion) provide the client with end-artwork in its final form (e.g. print-ready PDF; DVD master; outlined EPS file etc.). However, Annika Bowhay Marketing does not by default (and possibly without further charge) provide clients with original artwork or HTML code (for example an InDesign file, layered Photoshop file or HTML source file) or any ‘working’ or ‘development’ files, rejected concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with Annika Bowhay Marketing for non-exclusive future use.
27) Except in respect of death or personal injury caused by Annika Bowhay Marketing’s negligence, Annika Bowhay Marketing shall not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the terms of the Agreement, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Annika Bowhay Marketing’s servants or agents or otherwise) in connection with the performance of obligations arising under these terms and conditions or with the use by the Client of the trade show stand service supplied.
28) The client agrees to indemnify Annika Bowhay Marketing and keep the agency indemnified and hold the agency harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. The agency is not liable for any loss that may occur before, during or after the development of projects undertaken. Annika Bowhay Marketing will not be held responsible for any delays, errors or losses arising from any third party.
29) The client agrees to alert me in writing to any defects or problems in relation to work and services provided, within 30 days of the final invoice date. The agency will not be liable for any claims made after this period.
30) For all web related projects, unless specifically stated, the client will retain 100% ownership of the web page design only (ownership is not applicable to proprietary software and programs or source code, such as databases, e-commerce and/or content management systems, web application source code or flash files/animations).
31) Annika Bowhay Marketing offers a web hosting service to host the websites we have built for our clients (through a third party). This is recommended in order to ensure ongoing quality of service and is a mandatory requirement for websites incorporating a content management system (CMS) or e-commerce system. Annika Bowhay Marketing is unable to guarantee up-time (as no web host would) nor accept any responsibility for any error, omission or misrepresentation in relation to the websites hosted or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) suffered by any user of the websites hosted. The agency makes no warranties or representations of any kind that hosting will be uninterrupted, error-free or that the website or the server that hosts the website are free from viruses or other forms of harmful computer code. In no event shall Annika Bowhay Marketing or any agents be liable for any direct, indirect or consequential damages resulting from the hosting of websites on our servers. Separate terms and conditions apply for website hosting and these can be provided upon request.
32) Appropriate credit and acknowledgment for work produced by me should be attributed to Annika Bowhay Marketing where possible (for instance written in small text on the back of a printed item or at the bottom of a website) and may be referenced for the agency’s promotional purposes unless otherwise (in exceptional circumstances) prearranged with the client.
33) These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing Annika Bowhay Marketing reserves the right to change or modify these terms at any stage with immediate effect. By agreeing to these terms, your statutory rights are not affected.
34) These terms and conditions incorporate the quote for the services.