Light Capture Design Terms & Condition
These Terms & Conditions are a way of clarifying my services and how I work in order to minimise confusion, should any problems arise.
I try to use plain English and explain any jargon as best I can. If you don’t understand any part of the Terms & Conditions please call me and I will explain.
I always do my best to ensure my clients are happy with my services at all times.
Office Hours
My hours are from 9am to 5pm Monday to Friday. It’s just me, on my own, and therefore I might not always be available to answer calls immediately; sometimes I'm with clients, on a shoot, driving or walking the dogs! Leave me a voicemail and I will do my best to reply to you as soon as possible. I try to answer all email enquiries within 24 hours.
Clients’ Artwork, Photography & Copy
For many projects it is necessary for the client to provide me with artwork, photography and copy (the text), although I’m happy to do all of that!
It is the responsibility of the client to ensure that there are no copyright infringements and that all words and images are legally theirs to use.
If the client does not have the necessary images or copy I am fully experienced in graphic design, photography and copywriting. I will be more than happy to discuss your needs.
Photography & Graphic Design
Light Capture Design provides both photographic and graphic design services.
The copyright of all images belongs to the photographer or designer (Claire Archer) and you are permitted to use the images as and how you wish.
For most projects photography is charged at half-day rates. If the location for the photographic shoot is more than 40 miles from the office of Light Capture Design then mileage charges will be applicable at current HMRC rates, over the 40 miles.
Graphic design charges are dependant on each individual project and will be specified in any quote or estimate.
Equipment Hire
Light Capture Design is very well equipped to produce quality results in most cases but it may, very occasionally, hire specialist equipment to achieve a desired end result; this will always be discussed in advance & charged at cost only.
Travel Expenses
The first 40 miles, travelled by car in connection with a client project will be free of charge. Subsequent time will be charged at £5.00 for each quarter of an hour plus mileage.
Each mile, over 40 miles, covered in connection with a client project will be charged at current HRMC rates – see above.
Public Transport will only be used when pre-approved with the client & then charged at cost only.
Road tolls, parking charges, & similar expenses incurred in connection with a client project, will be charged at cost only.
Invoices will reflect travel starting from, & returning to, Rowde, SN10 (Near Devizes in Wiltshire).
Print Work
I will provide you with a proof for any artwork going to the printer.
It is really important that you check, double check and triple check this document. Whilst I take care to check these documents myself (I will phone the telephone numbers and send messages to the email addresses etc) it is your responsibility to make sure these pieces of information are correct.
We need to check this thoroughly (me and you) because once the artwork goes to the printer there is no turning back. I need to make sure this is understood because if errors are found after the print run, charges will apply for this work along with print costs and any corrective work. These will be charged to you!
Every effort is made to obtain the best possible colour reproduction of customers’ work but because of the many variables of print processes involved I cannot guarantee an exact match.
For example, computer screens generate projected light whereas printed matter generates reflected light. Therefore it is impossible for us to guarantee that colours seen on your screen are going to be exactly the same as the printed product.
If you would like to know more about colour management please call me – but be warned………..it is complicated and tedious!
Every effort is made to produce the exact quantity of items ordered. However, some variation is normal in the print process and some minor variations in quantity are possible. These do not affect the price charged.
Any damage, delay or loss of goods in transit (or non-delivery) must be notified to Light Capture Design within three days of the expected delivery date. This isn’t normally a problem as I source my printing locally.
It is necessary to charge a 50% deposit for all printed work. Payment terms are normally 7 days from date of invoice but print orders will not be started until this deposit is received and cleared at the bank.
Website Design, Domains and Hosting
It is necessary to charge a 40% deposit for all new websites. We will then go through a process of agreeing visuals and site structure.
Once the site is ready it will be made available to you at a temporary location for a limited time for your approval.
After approval of the site I will ask you for the balance of the ‘final bill’ and once cleared funds are received I will make the site ‘live’ under your own domain name.
Please do not ‘point’ or redirect your domain name to the temporary location, as it will be removed after a short time.
I can purchase domain names and transfer in any domain names you have previously purchased. I charge for this at cost.
Some hosting companies make the transfer difficult. Therefore I cannot be responsible if there is a delay in the transfer of a domain name held by another hosting company.
I offer a hosting package to all my clients starting from as little as £5 per month (+ VAT at the current rate).
Website requirements vary and so I tailor the hosting package for each individual site. I expect all my clients to host with me in order to guarantee a good reliable service. I do not give my clients FTP (File Transfer Protocol) access.
Each hosting package comes with up to 50 email accounts which I will help you to set up once they are in place. There may be a small charge, agreeable in advance, for this handholding service dependant on the level of help needed.
All hosting packages are payable in advance and non-refundable. Non-payment will result in the removal of the hosting service after 7 days.
Website hosting will be renewed automatically. If you wish to cancel this service I ask for 30 days notice in writing.
If the client wants their domain be released to another hosting service then a release fee may be chargeable at a maximum fee of £50 + VAT.
Light Capture Design are not responsible for the content of any emails, loss of business for non-delivery or retrieval of emails, attachments or viruses.
I offer spam and virus filters – please ask for prices.
Once a client has agreed a visual and structure proof and instructed Light Capture Design to proceed to build, any subsequent changes in style or design to the website, requested by the client, will be charged for at the appropriate rate.
I do not charge for minor amendments to phone numbers or emails as I appreciate that these can change regularly. However all other amendments and changes to the website will be charged at £45 per hour (charged per quarter hour)
Extra pages, additional functions etc will be treated as new work.
No access is given to any system, including eCommerce and Content Management Systems, their source code or database. These systems and services cannot be transferred away from my hosting service.
eCommerce systems will be provided as empty shops/sites. Training will be given on using the system.
Postage & Packaging
Light Capture Design does not charge to forward work to clients by Royal Mail ‘First Class’ Post; alternative, more expensive, services will be provided upon request & charged at cost only.
Quotes/Estimates
To clarify: Quotes are a predicted exact fee and Estimates represent my approximation of costs based upon the information available. Both are valid for 30 days only.
Illegal Matter
Light Capture Design reserves the right not to print any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party.
This agreement covers me in respect of any claims, costs and expenses arising out of any libellous matter or any breach of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
Consequential Loss
Light Capture Design accepts no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.
Financial Loss
Light Capture Design accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by Light Capture Design.
Force Majeure
Light Capture Design accepts no responsibility if it is unable to carry out any part of the contract for any reason beyond its control (due to - Act of God including tempest, fire, flood, storm or natural disaster; war, civil war, sabotage or act of terrorism; Government sanction, embargo, import or export regulation or order; labour disputes, including strikes, lockouts, boycotts or other industrial action; failure in the transportation of equipment, machinery or personnel or in the provision of any utility including power, gas, water, or communication services, choice of law) which may make me unable to complete the contract. If this happens you may, by written notice to me, elect to terminate the contract and pay for work done and materials used to date, or otherwise accept delivery when available.
Liability
Light Capture Design shall not be liable for any loss to the customer arising from delay caused by circumstances beyond Light Capture Design's control.
Jobs Put On Hold or Cancelled By The Client
Jobs put on hold or cancelled by the client during production will be invoiced for work undertaken and material costs incurred, up to and including the date of such notification. This invoice must be paid in full together with any VAT that falls due accordingly.
Payment Terms
All payments are due 7 days from date of invoice.
My Right To Subcontract
I am entitled to sub-contract any of the work to be carried out on your project. Doesn’t happen very often but occasionally I need assistance with projects and it is sometimes necessary to enlist the help of an expert or consultant.
Price Breakdown
The invoice I send you will be itemised, showing the cost of the design and research process, as well as the production itself. VAT is charged at the current Customs & Excise rates.
Credit Terms
For invoices not settled within the agreed credit terms, I reserve the right to charge interest on the overdue debt at 2% above the Barclays base rate at the time and an administration fee to cover the debt recovery costs.
Insolvency
Any customer or company not paying their debts in the ordinary course of business or proving unable to pay their debts as they become due or has a winding-up petition issued against them or commits an act of bankruptcy or has a bankruptcy petition issued against it, Light Capture Design, without prejudice to other remedies, shall
- (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and
- (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.
Data Protection
Light Capture Design agrees to keep the confidential information of its clients confidential, All data recorded by a website will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act. See http://www.ico.gov.uk
Finally
I reserve the right to amend this website and my terms and conditions at any time, without prior notice.
This contract will be governed by the laws of England and Wales.
I am committed to protecting the privacy of users of the website. This privacy policy (" Privacy Policy ") is intended to inform you how I gather, define, and use personal information collected via the website such as your name, telephone number and email address (" Information "). Please take a minute to read and understand the policy.
All your personal Information will be used in accordance with the Data Protection Act 1998 (the " Act "). If you want to know what information I have collected and hold about you, please write to me at: 1 Scholars Park, Rowde, Devzies, Wiltshire SN10 2AH.
Light Capture Design is the data controller of your Information for the purposes of the Act.
Information Collection
I may collect Information about you when you request any information about me or my services, submit your personal details and/or complete any forms on the website.
Unfortunately, the transmission of information via the internet is not completely secure. Whilst I will do my best to protect your personal data, I cannot ensure the security of your data transmitted to my website. Any transmission of personal data via the website is at your own risk. Once I have received your information I will use strict procedures and security features to prevent unauthorised access.
I may collect and process the following data about you:
Information that you provide by filling in forms on my website. This includes information provided at the time of submitting your contact details or requesting further information about my services.
Information about your computer including where available your IP address, operating system and browser type.
Details of your visits to our website and the pages and resources that you access.
Use of your information
The Information I collect about you may be used to:
send you further details of my services;
contact you in response to any general or specific enquiries made by you;
send you information about recent developments in areas in which you have expressed an interest;
automate certain functions on my website; and/or
ensure content from my website is presented in the most effective manner for you and your computer.
Disclosing Your Information To Third Parties
I may also disclose your Information to third parties in the following circumstances:
if I sell or buy any business or assets, in which case I may disclose your personal data to the buyer or seller of such business or assets. You have the right to request that I do not to send such information or pass information to third parties for such purposes by indicating before submitting your Information whether you mind your Information being used in this way. Alternatively, you can exercise your right to do so by contacting info@lightcapturedesign.co.uk or by writing to me at the address at the beginning of this Privacy Policy; if I am under a duty to disclose or share your personal data to comply with any legal obligation or to enforce the terms of this Agreement and other agreement I may have with you or to protect my rights, property or safety or that of my clients or employees.
Cookies
I dont use cookies - but sometimes I bake them!
Where I Store Your Information
The data that I collect from you will be kept within the European Economic Area.
Your Rights
My website may from time to time contain links to and from third party websites. If you follow a link to their websites, please note that these websites have their own privacy policies and will be subject to separate terms and conditions and I do not accept any responsibility or liability for these sites. Please check the relevant privacy policies before you submit any personal data to these websites.
