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Terms & Conditions = Graphic design + Design services + Web design + Photography  
   
   

General Working Agreement
This document defines the terms and conditions of our working relationship. All projects or services that Shout design may be contracted to produce or provide for CLIENT will be subject to the following:

Working/Billing Phases
Based on our experience with long-term design communications projects, we have found that it is mutually advantageous to handle each project in logical working/billing phases. Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost of a project. Planning the work, cost estimating, and billing in several phases permits Shout design or CLIENT to adjust for such revisions/or halt work before completion if a project is postponed or canceled. Any canceled project is billed only through phases and/or portions of phases that were actually completed by Shout design. For each project, CLIENT will receive a proposal/estimate outlining the project specifications and our proposed scope of services and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and separate itemized costs for anticipated out-of-pocket expenses. We will begin work upon CLIENT'S approval of the written estimate. Your approval (written or oral) will constitute an agreement between us.

Payment/Estimates
CLIENT agrees to pay Shout design in accordance with the terms specified in each proposal/estimate. Before work can begin a down payment of 20% of the total agreed project cost is required, unless otherwise specified. All subsequent balances due are payable upon project approval. We reserve the right to refuse completion or delivery of work until past due balances are paid. Estimate: Billing will reflect the actual costs incurred. Valid for only 30 days from date on estimate. Client requested changes will be billed additionally. The client will be notified of any price changes.

Out of Pocket Expenses

Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, colour printouts, laminating, illustrations, separations, shipping and handling or courier service. Expenses are itemized on each invoice.

Revisions & Alterations
New work requested by CLIENT and performed by Shout design after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds. Author's alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.

Nature of copy
CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, servicemark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.

Telecommunications
Shout design is not responsible for any errors, omissions or extra costs resulting from faults in the telephone, cable, satellite network or from incompatibility between the sending and receiving equipment.

Rights of Ownership
Once a project has been delivered by us and is fully paid for by CLIENT, Shout design will assign the reproduction rights of the design for the use(s) described in the proposal. According to Copy right Law, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by Shout design, or purchased from a stock agency on your behalf, remain with Shout design, artist, photographer or illustrator until full payment is received from CLIENT. We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm news letter, brochures, slide presentations and similar media. We agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.

Term & Termination

The term of this agreement will continue for work in progress until terminated by either of us upon thirty (30) days written notice. If you should direct us at any time to cancel, terminate or "put on hold" any previously authorized purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result. Upon termination of this agreement, Shout design will transfer to CLIENT all your property and materials in our control and for which you have paid. CLIENT will indemnify and hold Shout design harmless for any loss or expense (including attorney's fees), and agree to defend Shout design in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to assertations made against CLIENT and any of its products and services arising from the publication of materials that we prepare and you approve before publication.

Production Schedules
Production schedules will be established and adhered to by both CLIENT and Shout design, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labour trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or Shout design. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.

Additional Provisions
The validity and enforceability of this agreement will be interpreted in accordance with UK law. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement.

Privacy policy
The Shout design reserves the right to gather information relating to site usage. Any information gathered is primarily for internal use to allow us to refine and improve our customer service. Where disclosure of information to a third party is likely we will, where possible, endeavour to ensure that this is clearly indicated. This does not affect your statutory rights.

This site uses an online measuring package called google analytics which uses cookies to identify repeat visits. This is used to gauge traffic travelling through the site.

Cookies are pieces of data created when you visit a site, and contain a unique, anonymous number. They are stored in the cookie directory of your hard drive, and do not expire at the end of your session. Cookies used by Shout design contain no personal information about the user, nor does our website elicit or store any information from users other than the Internet Protocol address of the computer used to access the site. Cookies on this site may safely be turned off by users without affecting how pages are displayed.

Data Protection Act 1998
The processing of personal data is governed by the Data Protection Act 1998. Any personal data you provide will be held securely and in accordance with the Data Protection Act 1998.  We will use your personal data for the purpose(s) in relation to which you have provided it.  We may however need to disclose personal data to a third party so that they can provide the service you have requested, or fulfil a Subject Access Request.  We may additionally need to disclose information where there is a legitimate reason for disclosure (such as a court order) but we will ensure that we always comply with the Data Protection Act.  Any information about you that we pass to a third party will be held securely by that party, in accordance with the Data Protection Act 1998, and used only to provide services or information you have requested.

As a data subject you have the right to ask for a copy of personal data about you and to ask for inaccuracies to be corrected.  Queries about Shout design compliance with the Data Protection Act should be addressed to:

Shout design
22b Leigh Hill
Leigh-on-Sea
Essex
SS9 2DN

 
   
 
 
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