• Terms & Conditions

  • The following Terms and Conditions apply to all products and services provided by:
    Chandler Design Associates Ltd. (“CDA”):

    1. Throughout these terms and conditions:
    (a) “CDA” = Chandler Design Associates Ltd.
    (b) “The Client” = the client named on Page 1
    (c) “Page 1” = the entirety of page 1 of this document which sets out (amongst other things) the Design Brief, Deposit Sum etc
    (d) “the Charges” = all of the costs and charges set out on Page 1 including the charges set out in the sections entitled “Design Brief” and “Deposit Sum”. In addition it includes the costs and charges of the Additional Work
    (e) “the Deposit” = Deposit Sum set out in the “Deposit Sum” box on Page 1
    (f) “the Work” = the work included within the sections entitled the “Design Brief” on Page 1
    (g) “The Additional Work” = the additional work described in paragraph 9 below
    (h) “the Materials” = the materials described in paragraph 10 below
    (i) “Quotation & Terms and Conditions” = all of the costs and charges set out on Page 1 and these terms and conditions
    (j) “the Cessation Request” = the Cessation Request referred to in paragraph 12 below
    (k) “the Termination Letter” = the letter referred to in paragraph 14 below
    (l) “the Termination Date” = the date referred to in paragraph 15 below
    (m) “the Goods/Service Providers” = the service providers referred to in paragraph 16 below
    2. The details set out on Page 1 shall be considered to be part of these terms and conditions.
    3. By instructing CDA to carry out any work for the Client (including the Work and the Additional Work) the Client agrees that these terms and conditions shall apply to the supply of all services by CDA to the Client.

    Payment
    4. The Client agrees to pay to CDA:
    (a) The Deposit before CDA carries out the Work or the Additional Work for the Client. The Deposit is non refundable and is a payment on account of the Charges that the Client agrees to pay to CDA for carrying out the Work or Additional Work for the Client.
    (b) The Charges (less any Deposit previously paid) within 10 days of the date of CDA’s invoice
    (c) Interest at 8% per annum (which shall be compounded every month) from the date of CDA’s Invoice on all payments that are outstanding for 10 days or more after the date of CDA’s invoice
    (d) £50 for each cheque that the Client provides to CDA and which does not clear on first presentation
    (e) All legal charges and expenses that CDA incurs in order to recover unpaid Charges from the Client or which CDA incurs to enforce these terms and conditions
    5. CDA is under no obligation to carry out the Work or the Additional Work for the Client until CDA has received:
    (a) A copy of the Quotation & Terms and Conditions signed by or on behalf of the Client and
    (b) The Deposit for the Work or Additional Work

    Copyright etc
    6. All copyright and intellectual property rights of any description whatsoever on all or any design work carried out or prepared by CDA for the Client (including but not limited to words, pictures, ideas, visuals and illustrations) belongs to CDA and shall be retained by CDA (unless CDA specifically agrees to the contrary in writing) until all of the sums in paragraph 4 above have been paid to CDA.
    7. The Client agrees that until CDA has been paid all of the sums set out on paragraph 4 above CDA is entitled to prevent (by injunction if CDA so chooses) the Client from using in any format whatsoever (including but not limited to any electronic medium) all or any part of the design work carried out or prepared by CDA for the Client (including but not limited to words, pictures, ideas, visuals and illustrations) for any purpose
    8. If CDA provides the Client with a choice of designs all copyright and intellectual property rights of any description whatsoever relating to all of the designs not chosen by the Client belong to and shall be retained by CDA unless CDA specifically agrees to the contrary in writing. CDA reserves the right to charge an additional fee (the amount of which shall be in CDA’s sole discretion) to pass the copyright and intellectual property rights in all or any of the designs not chosen to the Client at any time in the future.

    Charges for Additional Work
    9. Should the Client wish CDA to carry out any work which is not set out on Page 1 (“the Additional Work”):
    (a) An additional quotation shall be provided by CDA to the Client for the Additional Work.
    (b) A further Deposit may be required by CDA before CDA carries out the Additional work.
    (c) The Additional Work shall be carried out by CDA on behalf of the Client subject to these terms and conditions.

    Copyrights and Trademarks
    10. By supplying CDA with text, images, data and all other details in which it is possible to own the copyright, the trademark or any other intellectual property rights (“the Materials”) for use by CDA for all or any purposes related to or associated with the Work or Additional Work the Client:
    (a) Confirms that they either own the copyright, trademark and/or other intellectual property rights in the Materials or have obtained permission from the owners, licensees or other appropriate persons for the use of the Materials
    (b) Confirms that CDA may use the Materials freely in the pursuit of the Work and Additional Work
    (c) Confirms that if the copyright, trademark and/or other intellectual property rights in the Materials are in fact not owned by the Client or that if permission has not been obtained from the owners, licensees or other appropriate persons for the use of the Materials then the Client:
    (i) Will indemnify CDA in respect of all or any claims that may be made against CDA by the owners or licensees etc of the Materials and
    (ii) Will pay CDA all legal charges and expenses that CDA incurs in respect of dealing with those claims and
    (iii) Will immediately cease to use the Materials and
    (iv) Will not object to CDA ceasing to use the Materials
    11. The Client agrees that CDA holds no responsibility to the Client for any amendments made by any third party in respect of the Work or Additional Work before or after a design is published.
    12. If at any time after instructing CDA to carry out the Work or Additional Work the Client does not wish CDA to proceed to finish the Work or Additional Work the Client shall inform CDA of this in writing (“the Cessation Request”) and if at the time that CDA receives the Cessation Request:
    (a) CDA has finished the Work or Additional Work then the Client agrees to pay CDA the Charges and agrees that paragraph 6 above shall apply
    (b) CDA has not finished the Work or Additional Work then the Client agrees:
    (i) To pay CDA at the rate of £50 + value added tax per hour for the work that CDA has carried out up to the time at which CDA receives the Cessation Request.
    (ii) That all copyright and intellectual property rights of any description whatsoever on all or any design work carried out or prepared by CDA for the Client (including but not limited to words, pictures, ideas, visuals and illustrations) shall belong to CDA and shall be retained by CDA (unless CDA specifically agrees to the contrary in writing which shall be at CDA’s sole discretion and for such written consent CDA shall be entitled to make an additional charge to the Client the amount of which shall be at CDA’s sole discretion )
    13. The Client agrees in a timely manner (and at no cost to CDA) to take all steps that CDA requires the client to take in order to assist and enable CDA to carry out the Work and the Additional Work
    14. The Client agrees that CDA may terminate this agreement at any time by sending a letter to the Client to this effect (“the Termination Letter”):
    (a) If the Client is in breach of any part of this agreement and in particular is in breach of paragraph 13 of this agreement
    (b) If the Client:
    (i) Is insolvent
    (ii) Is an individual or individuals and has a statutory demand served on them or any one of them, has a bankruptcy petition issued against them or any one of them, has a bankruptcy order made against them or any one of them or enters into any form of agreement with their creditors
    (iii) Is a limited company and has a statutory demand served on it, has a winding up order issued against it, has a winding up order made against it, is wound for any reason, has an administrator appointed to manage it or any part of it, has a receiver appointed in relation to it or any part of it or enters into any form of agreement with its creditors
    15. If CDA terminates this agreement the termination shall take effect on the date that CDA sends the Termination Letter to the Client (“the Termination Date”) and the Client agrees:
    (a) If on the Termination Date CDA has finished the Work or Additional Work that the Client shall pay CDA the Charges and agrees that paragraph 6 above shall apply
    (b) If on the Termination Date CDA has not finished the Work or Additional Work then the Client agrees:
    (i) To pay CDA at the rate of £40 + value added tax per hour for the work that CDA has carried out up and including the Termination Date
    (ii) That all copyright and intellectual property rights of any description whatsoever on all or any design work carried out or prepared by CDA for the Client (including but not limited to words, pictures, ideas, visuals and illustrations) shall belong to CDA and shall be retained by CDA (unless CDA specifically agrees to the contrary in writing which shall be at CDA’s sole discretion and for such written consent CDA shall be entitled to make an additional charge to the Client the amount of which shall be at CDA’s sole discretion )
    16. It is an express condition of the agreement between CDA and the Client that if CDA introduces the Client to any printing organisation, photographer or any other goods or service provider (“the Goods/Service Providers”) that if the Client uses the services of the Goods/Service Providers or buys goods from them:
    (a) That the Client in doing so shall be entering into an agreement/contract directly with the Goods/Service Providers and that CDA shall not be a party to any such agreement/contract and
    (b) That CDA shall not be responsible in any way for any defect (in quality or otherwise) in the goods, products, materials, or service provided by the Goods/Service Provider to the Client
    17. CDA and the Client agree that they do not intend that any term or part of this agreement should be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to the agreement
    18. CDA and the Client agree that neither may assign this agreement or any rights or obligations hereunder without the prior written consent of the other party and any such assignment (without prior written consent) shall be void.
    19. CDA and the Client agree:
    (a) That this agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
    (b) That the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises in any way out of or in connection with this agreement.

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