Your relationship is solely with the Company, and the Company has sole legal liability for the work done for you and for any act or omission in the course of that work. No officer, consultant or employee of the Company will have any personal legal liability for that work whether in contract, tort, negligence or any other cause of action. In particular, the fact that an individual officer, consultant or employee signs in his or her own name any letter or other document in the course of carrying out that work does not mean he or she is assuming any personal legal liability for that letter or document.
We value our relationship with you and welcome any suggestions for its improvement. We are committed to resolving problems that may arise with our services. It is therefore important that you immediately raise any concerns you may have with us.
We will agree with you at the outset the scope of the work. We are not responsible for matters that are outside the scope of the work agreed. All prices are as quoted on the Brandstop website. The Company will not be liable for any delays caused during the design process. You must pay to us, on demand, all reasonable costs, charges or losses sustained or incurred by us (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from any of the following acts or omissions by you: fraud, negligence, failure to perform or delay in the performance of any of your obligations.
Work will commence following full payment and order details either through the website or by email or telephone.
The prices quoted on the Brandstop website are promotional prices. These prices are for the studio time for the initial set of designs. We agree as part of the promotion to make simple revisions to meet with your approval of the final design. Revisions may include colour variations, font substitutions and tweaks to the components of the proposed logo designs. However, totally separate or new design ideas that explore a direction outside of the original agreed brief may incur additional charges based on an hourly rate. Should this arise we would discuss the options with you before further development commences.
We endeavour to turnaround initial designs 2 to 3 working days. The promotional prices are based on volume business and therefore there may occasionally be small delays in the turnaround. The company will not be liable for any delays caused during the design process. Whilst every effort is made to ensure there are no delays, it is your responsibility to contact the company in the event that designs have not been received within the agreed timescales. The company will not be held responsible for delays caused due to non receipt of emails.
Feedback provided in relation to the design must be clear and constructive. It must be sent by email, we are happy to discuss changes over the phone once the email has been received.
Only email confirmation to sign off/approve the design will be accepted. Once a design has been signed off and final files created the design process will be considered complete and any further changes will be chargeable.
We reserve the right to charge extra where:
- the brief changes substantially from the original, this includes but is not limited to change of name, after making changes to the initial brief, requesting a complete new set of designs based on new feedback.
- you request to finalise more than one design.
We are not responsible for print errors. If you choose to use us to print you will receive a proof which must be agreed before print commences. If you print with another company it is between yourselves to agree a proof. Colours differ on screen and in print, you may provide us with pantone or CMYK references at the beginning of the order and we will happily use them. Some printers require specific artwork to be supplied, if you do not plan to use us for print please send us artwork specifications for your chosen printer before we start the design process, otherwise further costs may be charged if we have to make changes after final files have been sent.
Despite our best efforts we may make a mistake, by which we mean any breach of our duties to you. If we do, and are liable to compensate you, you agree that our liability is limited in the following respects:
- It is the Company that is liable, not an individual partner or member of staff. You agree to make no claim against an individual except for fraud
- Our maximum liability for any claim by you whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the work you have requested shall be limited to the price paid by you for our services (unless a different amount is agreed with you in writing)
- Where any claim relates to a mistake made by us, this overall limit applies whether the mistake affects just one piece of work we do for you or several, so long as it is the same or a similar mistake
- For the purpose of the overall limit, more than one mistake on a project or transaction is considered as one mistake
We are liable for loss that we directly cause where that total liability does not exceed the total amount of the fees payable relating to the project in question. Otherwise we have no liability for any indirect or consequential loss or loss of anticipated profit or other benefit and shall not be liable for any of the following:
- loss of profits;
- or loss of business;
- or depletion of goodwill and/or similar losses;
- or loss of anticipated savings;
- or loss of goods;
- or loss of contract;
- or loss of use;
- or loss due to corruption of data or information;
- or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses;
- or any damages paid by you or loss suffered by you arising out of any allegation or claim that any Input Material breaches any Intellectual Property Right;
- We are not liable to the extent that our mistake results from something you do or fail to do (such as giving us the wrong information, not giving us information at the time we ask for it or failing to supply appropriate Input Materials)
- If others are also responsible for your loss, our liability is limited to our fair share, whether or not you are able to recover the rest from the others.
Notwithstanding the references to mistakes the above exclusions and limitations apply to our entire financial liability (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Customer in respect of:
- any breach of this contract;
- any use made by the you of our services, the documents produced by us in connection with our services or any part of them; and any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the contract.
- All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this contract.
- Nothing in these Conditions limits or excludes our liability: for death or personal injury resulting from negligence; or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
PRICES AND PAYMENT CONDITIONS
The prices quoted on the Brandstop website are promotional prices and are subject to change. All prices exclude VAT. These prices cover the design and studio time for the designs, any associated administration and print where applicable.
Payment for services ordered must be made in full before commencement of work. Payment can be made by bank transfer or by cheque. If paying by cheque work will commence once the cheque has cleared.
FACTORS THAT MAY AFFECT COST
We are happy to provide simple revisions to meet your approval of the final design. Revisions may include colour variations, font substitutions and tweaks to the components of the proposed logo designs. However, totally separate or new design ideas that explore a direction outside of the original agreed brief may incur additional charges based on an hourly rate. Should this arise we would discuss the options with you before further development commences.
For promotional items such as flyers, leaflets, brochures, advertising etc. our pricing assumes that third party material such as stock photography, illustration, sponsor logos etc. will be supplied by the client at a quality suitable for print reproduction. We are more than happy to research, source photography or stock material for our clients as part of their project but additional charges may apply. Required project content will always be discussed prior to commencing work and any additional material that could incur further costs will be made clear to you from the outset.
OWNERSHIP AND COPYRIGHT
Subject to your compliance with the terms and conditions of this Agreement, you shall own the final design provided to you by the Company. You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final design, with such right, title and interest expressly reserved to the Company.
You acknowledge and hereby grant the Company the right to use initial logo concepts and revised logo concepts, as well as individual designs provided to you, for internal and filing purposes, and in order to display and promote the Brandstop service. You acknowledge that your right under this Agreement shall be limited solely to the final design chosen by you and that no trade or service marks in or to such final design is being conveyed under this Agreement.
You acknowledge the Company shall have no obligation or duty to perform trade or service mark searches or inquiries, or the like, in order to validate the propriety or legality of the provided compositions.
Until final design is approved with the Company, all logos, artwork, concepts and designs remain the copyright and exclusive property of the Company. This material may not be reproduced in any other way without the prior written consent of the Company. We reserve the right to utilise and/or reproduce any image, logo or illustration created by the Company's design team, in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work.
By placing an order with the Company, you agree and consent to these ownership and copyright conditions.
Accordingly, you are encouraged to perform your own independent searches with regard to the designs provided by the Company.
Furthermore, you acknowledge that the Company shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark registration) for the designs, nor shall the Company be responsible in otherwise assisting you in any way in your perfection of your rights in or to the designs.
Ownership (copyright and title) of the final artwork becomes your property, having unlimited, indefinite, and royalty-free use of the image upon payment of all fees and receipt of final files. The Company retains the rights to display the artwork in its portfolio and advertising materials.
The Company retains the Copyright to all concepts, comprehensives, or other preliminary materials, which are not selected by you or are not included into the final delivery.
The Company expects you to perform research on your company name to be sure the name is not already in use and securing a copyright, trademark or service mark to protect your legal rights to any name or image. The Company is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
The Company is not responsible for researching nor infringing any trademark violations that may or may not arise in our dealings with you and his/her agents. All trademark matters are your full responsibility.
Licensing the font used in the logo is your responsibility.