Terms & Conditions - Yellow Jersey Design
Call 020 7183 0364|sales@yellowjerseydesign.com

Terms & Conditions

The following Terms and Conditions of Service apply to all Graphic Design services provided by Yellow Jersey Consulting Ltd.

All work is carried out by Yellow Jersey Consulting Ltd on the understanding that the client has agreed to the current terms and conditions as detailed below.

Copyright is retained by Yellow Jersey Consulting Ltd on all design work including words, pictures, ideas, visuals and illustrations (unless specifically released in writing) and after all costs have been settled.

If a choice of design is presented, only one solution is deemed to be given by Yellow Jersey Consulting Ltd as fulfilling the contract. All other designs remain the property of Yellow Jersey Consulting Ltd, unless agreed in writing that this arrangement has been changed.

Project Acceptance At the time of proposal, Yellow Jersey Consulting Ltd will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Yellow Jersey Consulting Ltd’s website at www.yellowjerseydesign.com

A confirmation of the estimate or quotation is to be provided by the customer to indicate acceptance and should be returned to Yellow Jersey Consulting Ltd. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Yellow Jersey Consulting Ltd’s terms and conditions. No work on a project will commence, until either notice has been received by Yellow Jersey Consulting Ltd.

Design Charges Charges for design services to be provided by Yellow Jersey Consulting Ltd, will be set out in the written estimate or quotation that is provided to the customer.

Payment The customer will be required to approve final proof copy, in writing, on all design work in connection with the contract prior to final publication. At this time an invoice for the amount due will be issued to the customer, payment is due within 15 days of the date of invoice.

Default An account shall be considered default if it remains unpaid for 15 days from the date of invoice, or following a returned cheque. Yellow Jersey Consulting Ltd, shall be considered entitled to remove Yellow Jersey Consulting Ltd, and/or the customer’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 customer of their obligation to pay the due amount.

If any item(s) remain unpaid by that due date charges will apply, in accordance with S5A and/or S6 of the Late Payment Commercial Debt (Interest) Act 1998 or any subsequent enactment. In addition, all invoices will become due and payable immediately and will be treated as overdue items, with appropriate charges applied and all costs reasonably incurred in collecting the debt payable by the Customer. Should the Work be suspended or delayed by the Customer for any reason Yellow Jersey Consulting Ltd, shall be entitled to immediate payment for work already carried out.

We require payment to terms. Payment must be made on time, in full, and without any deduction, set off or counterclaim. In the event that an account is outstanding, we will refer the matter to our debt collection agents, which will incur a surcharge of 15% of the debt, plus VAT at the prevailing rate. You agree that you will be legally liable to pay us that surcharge, and that payment of the same can be enforced against you in court. You also agree to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, which interest is payable both after and before any judgment of the court and continues to accrue.

Returned cheques, will incur an additional fee of £50 per returned cheque. Yellow Jersey Consulting Ltd, reserves the right to consider an account to be in default in the event of a returned cheque.

Copyrights and Trademarks By supplying text, images and other data to Yellow Jersey Consulting Ltd, for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/ or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by Yellow Jersey Consulting Ltd, on behalf of the customer, will remain the property of Yellow Jersey Consulting Ltd, and/or it’s suppliers. The customer may request in writing from Yellow Jersey Consulting Ltd, the necessary permission to use materials (for which Yellow Jersey Consulting Ltd, holds the copyright) in forms other than for which it was originally supplied, and Yellow Jersey Consulting Ltd, may, at it’s discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to Yellow Jersey Consulting Ltd, the customer grants Yellow Jersey Consulting Ltd, permission to use this material freely in the pursuit of the design.

Should Yellow Jersey Consulting Ltd, or the customer 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 customer will agree to allow Yellow Jersey Consulting Ltd, to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold Yellow Jersey Consulting Ltd, free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that Yellow Jersey Consulting Ltd, holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing Any design, copywriting, drawing, idea or code created for the customer by Yellow Jersey Consulting Ltd, or any of it’s 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 Yellow Jersey Consulting Ltd, and any of it’s relevant sub-contractors.

All design work, where there is a risk that another party could 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. Yellow Jersey Consulting Ltd, will not be held responsible for any and all damages resulting from such claims.

Yellow Jersey Consulting Ltd, is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause.

The customer agrees not to hold Yellow Jersey Consulting Ltd, responsible for any such loss or damage. Any claim against Yellow Jersey Consulting Ltd, shall be limited to the relevant fee(s) paid by the customer.

Data Formats The client agrees to Yellow Jersey Consulting Ltd, definition of acceptable means of supplying data to the company. Text is to be supplied to Yellow Jersey Consulting Ltd, in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail.

Images that are supplied in an electronic format, are to be provided in a format as prescribed by Yellow Jersey Consulting Ltd, via CDROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Yellow Jersey Consulting Ltd, will not be held responsible for any image quality which the client later deems to be unacceptable. Yellow Jersey Consulting Ltd, 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.

Design Project Duration Any indication given by Yellow Jersey Consulting Ltd, of a design project’s duration is to be considered by the customer to be an estimation. Yellow Jersey Consulting Ltd, cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that written confirmation of acceptance of a project are received by Yellow Jersey Consulting Ltd.

Rights of Access for Website Construction The client agrees to allow Yellow Jersey Consulting Ltd, all necessary access to computer systems and other locations, as required, in order to complete a website project, including the necessary read/ write permissions, usernames and passwords. The customer also agrees to allow Yellow Jersey Consulting Ltd, 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 customer agrees to supply Yellow Jersey Consulting Ltd, with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion Yellow Jersey Consulting Ltd, considers the design project complete upon receipt of the customer’s written approval of all final proof copy provided.

Other services such as printing, display panel production, film work, website uploading, publishing etc, either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

Website Design Only Once web design is complete, Yellow Jersey Consulting Ltd, will provide the customer with the opportunity to review the resulting work. Yellow Jersey Consulting Ltd, 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 Yellow Jersey Consulting Ltd, by e-mail or fax and confirmed by post. Yellow Jersey Consulting Ltd, will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

Hosting Websites Yellow Jersey Consulting Ltd, does not offer in-house hosting services. Yellow Jersey Consulting Ltd, can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Yellow Jersey Consulting Ltd, may request that clients change the type of hosting account used if that account is deemed by Yellow Jersey Consulting Ltd, to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organisation are the responsibility of the client and Yellow Jersey Consulting Ltd, are not liable for their payment.

Domain Registration Yellow Jersey Consulting Ltd, cannot guarantee the availability of any domain name. Where Yellow Jersey Consulting Ltd, 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, Yellow Jersey Consulting Ltd, 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.

Design Credits The customer agrees to allow Yellow Jersey Consulting Ltd, to place a small credit on printed material, exhibition displays, advertisements and/or a link to Yellow Jersey Consulting Ltd, own website on the customer’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 customer also agrees to allow Yellow Jersey Consulting Ltd, to place websites and other designs, along with a link to the client’s site on Yellow Jersey Consulting Ltd, own website for demonstration purposes and to use any designs in its own publicity.

Rights of Refusal Yellow Jersey Consulting Ltd, 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.

Yellow Jersey Consulting Ltd, also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Yellow Jersey Consulting Ltd, does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Yellow Jersey Consulting Ltd, to remove the contravention without hindrance, or penalty. Yellow Jersey Consulting Ltd, is to be held in no way responsible for any such data being included.

Cancellation Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Yellow Jersey Consulting Ltd, will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed to date.

Disclaimer Yellow Jersey Consulting Ltd, makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies Yellow Jersey Consulting Ltd, will not be held responsible for any and all damages resulting from products and/or services it supplies. Yellow Jersey Consulting Ltd, 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 customer agrees not to hold Yellow Jersey Consulting Ltd, responsible for any such loss or damage. Any claim against Yellow Jersey Consulting Ltd, shall be limited to the relevant fee(s) paid by the customer.

Yellow Jersey Consulting Ltd, 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. Yellow Jersey Consulting Ltd, will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Yellow Jersey Consulting Ltd, and its clients agree to comply with Printers Terms and Conditions that include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Yellow Jersey Consulting Ltd, recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

General These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Yellow Jersey Consulting Ltd, reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Quotation and Terms and Conditions The placement of an order for design and/or any other services offered by Yellow Jersey Consulting Ltd, and validated in writing by the customer, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Yellow Jersey Consulting Ltd,