Terms and conditions

Definitions

You: You and / or your business as detailed overleaf.

Us / We: The Design Mechanics Limited

8 Leatham Royd, Manchester Road, Marsden, Huddersfield HD7 6HA

1. Agreements

1.1 By signing the order form or asking us to proceed with the work detailed within it, a binding agreement will come into place, which cannot be cancelled without consent from both you and us.

1.2 This agreement is governed by English Law and you and we agree that disputes can only be settled within English Courts.

1.3 This Agreement constitutes the entire agreement between the parties with respect to all matters referred to herein and supersedes all earlier warranties, representation or statements made by the parties (whether oral or in writing).

2. Payment Terms and Agreement

2.1 You are agreeing to pay for your order in accordance with our simple payment terms. These require a 25% deposit with order and 75% payment on delivery or completion of works and no later than 10 days after this point. We consider a project completed if we are waiting for content from you that is preventing completion of the project.

2.2 Where payment is not made, we will charge interest on outstanding balances at a rate of 3% per month unpaid. Where online services have been provided (websites, email templates, etc) as part of this or previous orders, all online services will be suspended until payment is made in full.

2.3 We accept payment by the means of cash, cheque, bank transfer, BACS payments and all major credit and debit cards.

2.4 An additional charge will be applicable should you request changes to the design that are substantially different to your original requests after we have supplied the design proof.

3. Ownership

3.1 All goods provided or delivered as a result of this order will remain the property of The Design Mechanics Limited until payment is received and cleared in full.

4. Copyright

4.1 We retain the copyright on all designs we produce until payment is received in full, upon which we then assign the copyright for the designs to you.

4.2 We retain fully copyright of the computer source files used to create your design, but will release these (to allow you to use alternative printers, sign writers, etc) on request, subject to an administrative release fee of £40.00 plus VAT.

4.3 For any images or content that you supply to us, you must have full permission of the copyright holder, and as such, you indemnify us against any future copyright claims.

5. Designs

5.1 We provide a straightforward, high quality design service. If you ask us to undertake any design work, we will undertake a comprehensive Fact Find from you and will produce one design or proof based on this Fact Find exercise. If you are not happy with this design, we will ask you to provide appropriate feedback indicating where errors have been made and we will then provide a second design without further charge to you. We will use our best endeavours to ensure that you are happy with the designs we produce.

5.2 If additional designs are requested (following 5.1 above) additional charges may become applicable, which we will always negotiate and agree with you before these are incurred.

5.3 We do not provide a copywriting service within the project costs and we require you to provide the text needed to complete your project in an electronic format such as an email, Word file, etc. When you provide your text, please ensure this is 'clean copy' - i.e. final text ready for use, fully spell checked, grammar checked, proof-read, etc and not 'draft copy'. Additional charges will be made should amendments be needed to a design where the changes are being made to client supplied text.

6. Proofs

6.1 All proofs will be provided electronically - this allows rapid turnaround time. If you wish to receive printed proofs, each one will be charged for as an additional service. Please inform us if this is required.

6.2 No work will be printed or published until your confirmation and agreement to the proof document is received.

7. Delivery

7.1 We will attempt to make delivery of printed materials during normal working hours. If we have made 2 attempts to deliver your goods and have still been unsuccessful we will inform you and you can then choose whether to collect your goods from our offices (without any additional charge) or to pay for another delivery attempt.

8. General

8.1 All prices are subject to VAT at the prevailing rate unless otherwise stated.

8.2 Prices are subject to change without notification.

8.3 Time or price quotations are subject to change unless quoted in writing and then are subject to a maximum guarantee of 2 months from the date written.

8.4 Websites provided by The Design Mechanics Limited are offered on a hosting inclusive basis for the first 12 months. This hosting is then available to purchase per 12 month period and we will contact you in advance of the renewal date to give you the opportunity to retain this hosting.

8.5 Website and email hosting services provided by The Design Mechanics are not offered with guarantees or assurances of service delivery or performance. However, The Design Mechanics and their professional service providers make all reasonable efforts to ensure continual professional services are provided.

8.6 Website and email hosting services provided by The Design Mechanics are provided subject to your agreement and compliance with our Acceptable Use Policy which can be viewed in full on our website. In short, we do not allow any illegal or obscene material or undesirable content (such as providing downloads of hacker software, etc). Any software that can be downloaded from hosting service may only be hosted if you have the permission of the copyright holder. Additionally, the use of our systems to send bulk email (whether opt-in or not) is strictly forbidden.