Terms & Conditions
Definitions: “The Company” is Toffee Design Limited. “The Client” means the party, or any person acting on their behalf with whom the Company contracts.
All estimated prices quoted, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly. Deliveries and couriers are additional.
All work is billed either monthly or on completion of project stage, or the relevant hourly charge as previously agreed. In some cases (such as logo design) the balance must be paid prior to the final logos being supplied.
All estimates are based on expected or agreed design time and include two sets of authors corrections where alterations are called for by the Client, or if additional changes are required by client. Any additional amends beyond this will be charged at the usual hourly rate.
Where there is a change of brief, the Company will inform the Client in advance of any extra costs likely to be incurred.
All projects are planned to an agreed schedule. Non-adherence to this schedule by the Client may result in compromising final delivery deadlines. If this is likely to occur, the Company will advise the Client as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs.
Whilst every effort will be made to achieve agreed delivery, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Company’s control.
For all new clients payment for the full or part amount may be requested in advance of commencement, as agreed between parties. For any subsequent invoiced work, the Company must receive full payment no later than 30 days after the date of Invoice. The Company reserves the right to make a surcharge of 2% per month interest to accounts that are not paid by this time.
For larger ongoing projects, the Company shall invoice in project stages e.g. Stage 1 Conceptual Design, Stage 2 Design Development etc. Upon stage completion unless where exceptional terms have been agreed with the client.
The Company reserves the right to invoice for any disbursements for part works carried out including third party costs incurred on a project should the project be unable to be completed for any reason or has been delayed/put on hold by the Client for a period of 4 weeks or more then stage invoicing will occur.
In good faith, the Company would hold any supplied files, originals and materials for a period of up to 12 months. Resumption of works on the project would be completed according to the original schedule of costs so long as the project specification remained unaltered. The Company cannot accept liability or be held financially responsible for any work not held beyond this point.
Disbursements on behalf of any client may result in a request for payment in advance from the Client.
All creative work produced and devised during a project(s), creative, digital, software files and related correspondence remain the property, physically, intellectually and in copyright, of the Company until full payment has been made on the Client’s account, and all project costs have been cleared. In any case, working design files will not be provided. Working files are owned by the Company and are not included as part of a project unless agreed in writing in advance. In this case, working files will incur an additional fee deemed reasonable by the Company.
Once final proofs/materials have been signed off, the Company cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.
Payment may be required upfront for printed materials or personalised items.
It is the responsibility of the Client that all materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied to Toffee Design Limited by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. Toffee Design Limited will not accept responsibility/liability for infringements caused by any wrongly supplied materials.
The Company reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Client. Any outsourced job remains the property/responsibility of the company and such services are deemed to be carried out “indirectly” by the Company.
As part of larger projects which involve 3rd parties commissioned directly by the client, the Company will not be held responsible in any way for services not carried out/managed directly or indirectly by the Company.
Advice of any loss, quality or damage issues must be reported to the Company within five clear working days of delivery and receipt (whether be printed or digital) and any claim in respect thereof must be made in writing to the Company within 3 working days thereafter. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.
In the event of any dispute or difference arising between the parties in connection with the Contract (excluding any dispute relating to non payment of the Charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Client to inform the Company immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, deadline), without such information, no disputes will be entered into.
Whilst taking every care to protect all media and correspondence supplied, the Company cannot accept liability or be held responsible financially or otherwise for any loss. Disputes will not be entered into.
The Company cannot guarantee the Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore the Company will not accept liability for any alleged claim from the Client or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.
It remains the Client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Client by the Company.
If at any point during the design or development cycle a client wishes to cancel, they may do so but will be invoiced an amount that Toffee Design Limited judges to be proportional to the amount of work completed on the commission and further compensatory charges for booked design time or printing press time or any other supply costs accruing.
The Company reserves the right to the addition of our Company credit on printed or digital projects unless instructed otherwise by the Client and, to the use for self-promotion any work carried out for the Client.
The Company reserves the right to use both initial creative concepts and final approved design work for the purposes of the Company’s marketing activities (both online and offline) unless otherwise requested/agreed with the Client.
Terms and Conditions may be changed at any time without prior notice to its clients. A link will always be provided in all email correspondences.
The Company shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing), Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply, Lock out, Strike by employee’s in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Customer may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto, shall otherwise accept delivery when available.
Toffee Design Limited will have a lien over any product, data or materials if all payments due from you have not been paid and cleared in full within 1 month from the date of the invoice. We reserve the right to withhold supply of goods and, in the case of web services, this includes recalling services including the hosting of websites.
Uncompleted Projects/ Termination
The Client is responsible for part/full payment for a terminated project or the usual hourly fee for the time spent on the project.
Purchases/Images/Graphics
For purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronise, perform, display, broadcast, publish, or otherwise make use of.
Examples of how you can use licensed content include: websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; newspapers; magazines; books; film and television productions; web and mobile applications; product packaging.
Please make sure you read the Restricted Uses section below for exceptions.
Restricted Uses
No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner.
Toffee Design Limited must be credited for any images used for Commercial Use. You may not use any content downloaded from the Companyís website for any commercial, promotional, advertorial, endorsement, social media, advertising or merchandising purpose without crediting the Company.
No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
No Use in Trademark or Logo. You may not use content as part of a trademark, design mark, tradename, business name, service mark, or logo.
No Subscription Abuse. You may not stockpile, download or otherwise store content not used in a project or end use within 30 days after the end of your subscription for future use.
Sensitive Use Disclaimer Required. If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: ìStock photo. Posed by model.î
No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create a painting based solely licensed content and claim that you are the author.
Restricted Uses – unless extended license purchased. You must contact the Company if you require an extended license.
No Products for Resale. Unless you purchase an extended license, you may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications or other items for resale, license or other distribution for profit. This includes ìon demandî products (meaning products in which content is selected by a third party for customisation on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com)
No Electronic Templates. Unless you purchase an extended license, you may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else.
Intellectual property rights
All designs supplied or downloaded from the Company websites are owned by Toffee Design Limited. All rights not expressly granted in this agreement are reserved by Toffee Design Limited and the content suppliers.
Attribution
You must include a photo credit for commercial use and personal use, where the work will be seen by the public, such as social media. You must include the following credit adjacent to the content or in visual production credits: “www.toffee-design.com/Marianna Tofallis”.
Refunds/Cancellation
File Download Refunds – Toffee Design Limited does not offer refunds or re-credits for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of Toffee Design Limited.
All requests for refunds/cancellations must be made in writing. If the request is approved, Toffee Design Limited will issue a credit to your account or credit card. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.
The Client is agreeing fully to the Company’s trading Terms and Conditions by commissioning our services.