Terms & Conditions

TERMS & CONDITIONS

Below are By Leigh’s (we, us, the Designer) standard terms and conditions. It is vital that you (The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with By Leigh. Please also note that from time to time By Leigh may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms or conditions in this document.

Commencement of Work

Agreement to work with, and acceptance in writing of the job specifications, quoted price or payment of deposit to Stacey Leigh Ross of By Leigh constitutes agreement to these terms and conditions.

Payment

“The Client” agrees to pay a 30% deposit of the quoted amount to commence any creative project, with the balance payable within 14 days of delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client” this deposit is non-refundable. By Leigh endeavours to provide creative services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 30% deposit is forfeited, plus a pro rata payment based upon the time spent.

Accounts which are not paid on time will incur a late administration fee of £20. Accounts which remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for you.

Force Majeure

By Leigh shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of By Leigh including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, floods, theft, vandalism, riots, civil commotions, accidents of any kind, or acts of terrorism.

Fees for Service

It is agreed that the fee for service shall be the quoted price provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Where ever possible the client will be notified of increases in the scope of the project.

Excess Work

This is defined as any work involving additions to the list of items defined in the Job Specifications, changes that exceed five revisions of each design item listed in the Quotation, or changes to all pieces of finished artwork after sign off by an authorised representative of “The Client”.

From time to time “The Client” may request extra design requirements during a project. The client will be informed if the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a fee of £25 per hour may be payable.

Should additional artwork not initially quoted for be requested during the creative process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable within 14 days of delivery of artwork.

Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.

Copyright

By Leigh retains full ownership of all design concepts and artwork it produces unless otherwise agreed with “The Client” and stated in the job’s Brief. Once the final artwork is delivered to “The Client” and full payment is received, ownership of the artwork transfers to “The Client”. However, copyright of the artwork is retained by the artist. Unused concepts remain the property of By Leigh. By Leigh may still use commissioned artwork in its promotional materials and in its creative portfolio.

This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the artwork outlined. Until final payment By Leigh retains ownership of all artwork. By Leigh reserves the rights to certain elements used to create your art including patterns, prints, textures, colour palettes and other non exclusive items.

By Leigh reserves the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting By Leigh in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.

Goodwill

This proposal assumes goodwill from both By Leigh and “The Client” regarding:
What can reasonably be achieved in a given time frame
Making best use of resources to achieve the most effective outcomes