TERMS AND CONDITIONS
Really important, so worth reading...
These Terms and Conditions form part of every working relationship, project, or advice requested by the client.
We’re known by our clients for being easy to work with. It’s because our relationships are based on openness and trust. But even the best relationships need guidance - and at work they’re called Terms and Conditions. Here are ours, created by a lawyer but in fairly plain English.
Please give them a good read. It’s important that you know what we charge for and why we charge for it, why certain copyright files are not released by us and also what charges you might incur for cancellation of a project, late payment, additional work or copyright releases.
If you have any questions, just shout up.
Our Terms and Conditions
The following Terms and Conditions of Service apply to all products and services provided by Tribe UK Ltd (from here on referred to as Tribe) and in case of any dispute are governed by the laws of England.
All work is carried out by Tribe on the understanding that the client has agreed to our Terms and Conditions.
Copyright is retained by Tribe on all design work including words, pictures, ideas, visuals and illustrations until all fees have been paid in full.
If a choice of solutions 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 and solutions remain the property of Tribe, unless specifically agreed in writing.
Accepting a project
At the time of proposal, Tribe will provide the client with an estimate.
Once the client responds with an official purchase order, email or verbal confirmation acknowledging acceptance of the estimate and related brief, the Client will be bound by Tribe’s Terms & Conditions.
For the avoidance of doubt, the Tribe Terms & Conditions are what govern the project, not any conditions on the client’s purchase order.
Fees for all services to be provided by Tribe will be set-out in the written estimate that is provided to the client. At the time of the client’s signed acceptance of the estimate, indicating acceptance of our Terms & Conditions, a payment of 50% of the estimated fee will become immediately due before any work commences or is supplied to the client for review.
The remaining 50% percent of the project fee total will be billed in stages, typically 25% halfway through the project and 25% upon completion, prior to upload to the server or release of materials.
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 become fully payable (100% of the quoted amount) at the time of approving the estimate.
Tribe’s payment terms are 14 days from invoice date.
The client will be provided with an invoice for 50% of the total estimated project cost, due at the start of a project. The next 25% will be due and invoiced halfway through the project. The final 25% plus any extras outside the original scope of the project, will be due on completion.
Any invoice queries must be submitted by email within 14 days of the invoice date to firstname.lastname@example.org.
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 can be made by online transfer, credit card (Visa, Mastercard) or Debit Card.
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.
Publication and/or release of work carried out by Tribe on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of £50 per returned cheque. Tribe reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Tribe shall be entitled to remove Tribe‘s and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the client of its obligation to pay the due amount.
Clients whose accounts become default, agree to pay all Tribe ‘s reasonable legal and accounting expenses and third-party collection agency fees in the enforcement of the debt and these Terms and Conditions.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the project scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; if the client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Copyrights and Trademarks
By supplying text, images and other data to Tribe for inclusion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Tribe on behalf of the client, will remain the property of Tribe and/or its suppliers until all fees have been paid in full.
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 Tribe.
By supplying images, text, or any other data to Tribe, the client grants Tribe permission to use this material freely in the pursuit of the design.
Should Tribe, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Tribe to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold Tribe free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
Tribe allows for up to two sets of alterations within all estimates. The client 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 client also agrees that Tribe holds no responsibility for any amendments made by any third party, before or after a design is published.
Any creative, concept, design, copywriting, drawing, idea or code created for the client by Tribe, or any of its contractors, 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 Tribe and any of its relevant sub-contractors.
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.
Tribe will not be held responsible for any and all damages resulting from such claims.
Tribe is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Tribe responsible for any such loss or damage.
Any claim against Tribe shall be limited to the relevant fee(s) paid by the client.
The client agrees to Tribe’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Tribe in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Tribe via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Tribe will not be held responsible for any image quality which the client later deems to be unacceptable.
Tribe cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.
Design Project Duration
Any indication given by Tribe of a design project’s duration is to be considered by the client to be an estimation. Tribe cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Tribe for the initial payment or by date confirmed in writing by Tribe.
Rights of Access for Website Construction
The client agrees to allow Tribe all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The client also agrees to allow Tribe access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The client agrees to supply Tribe with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in line with the project timeline.
Design Project Completion
Tribe considers the design project complete upon receipt of the client’s signed, email or verbal approval form or signoff email. Other services such as printing, display panel production, film work, website uploading, digital assets, publishing etc, contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website design only
Tribe require that a template is approved by the client before coding of a site commences. Once the template(s) for the web site are approved by the client, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, Tribe will provide the client with the opportunity to review the resulting work. Tribe will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Tribe by e-mail. Tribe will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.
Tribe offers a limited hosting services through an out-sourced virtual server. Tribe does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Tribe may request that clients change the type of hosting account used if that account is deemed by Tribe to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Tribe’s virtual server are due at the commencement of any period of service and are non-refundable.
Fees due to third party hosting organisations are the responsibility of the client and Tribe are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the client / domain owner.
Tribe cannot guarantee the availability of any domain name. Where Tribe is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Tribe cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Tribe recommend that clients use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
Creative and Design Credits
The client agrees to allow Tribe to place a small credit on printed material exhibition displays, advertisements and/or a link to Tribe own website on the client’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 client also agrees to allow Tribe to place websites and other designs, along with a link to the client’s site on Tribe’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Tribe will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Tribe also reserves the right to refuse to include submitted material without giving reason.
In the situation where any images and/or data that Tribe does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow Tribe to remove the contravention without hindrance, or penalty. Tribe is to be held in no way responsible for any such data being included.
A project can be cancelled within 48hrs of acceptance. After this time the client will be liable for the initial 50% fee as detailed in the Fees section of these Terms & Conditions. The client will also be invoiced for all work completed to date above the initial fee. The balance of monies due must be paid within 14 days.
Tribe makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Tribe will not be held responsible for any and all damages resulting from products and/or services it supplies. Tribe 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 client agrees not to hold Tribe responsible for any such loss or damage. Any claim against Tribe shall be limited to the relevant fee(s) paid by the client.
Tribe 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. Tribe will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Tribe 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. Tribe recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the project be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Tribe reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Accepting our Terms and Conditions and Estimates
The placement of an order for design, digital and/or any other services offered by Tribe, by email, verbally or in writing, will be taken as acceptance of our Terms and Conditions.
An estimate validated by the client’s signature on the estimate, or by email, constitutes acceptance of the estimate and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Tribe.