Terms of Business
Your input Helping us to help you...
Brief By providing us with a concise written brief you maximise the time you pay for and we are clear about your requirements.
Text and changes Save cost by supplying us with finished text digital supplied by email for minor typos we will take simple changes over the phone.
Pictures Supply your own images on disk or by email, provide originals for scanning, or take advantage of our photography and picture library services.
Ideas and origination Creative design can be expensive as it is time intensive! If you already know what you need, you can use just our origination services to bring it to reality.
Final Sign off It is your responsibility to thoroughly check final pdf artwork or hard copy proofs for content colour spelling we cannot accept responsibility for errors or production costs incurred after we have received your sign off.
The Design Process (Your project may follow some or all of these chargeable stages)
Account Management; Monitoring the creative/production process to facilitate and complete a given project.
Consultancy; Input on strategic issues revolving around integrated marketing.
Copywriting; Creative - Single proposition, strapline. Craft - Body copy, long copy for brochures or press releases.
Concept and Design (the creative); the thought process through ideas, concept, typefaces, shape, colour, layout and format leading to first stage presentation.
Design Development; amend and refine the design(s) throughout the creative process.
Stages and proofs PDF proofs are included (laser or inkjet proofs are chargeable). When you receive a version PDF, this signifies the end of a stage/round. A number of included stages/rounds are detailed on your estimate, extra stages/rounds are chargeable.
We recommend that you print out hard copies of jobs which will ultimately be printed. Websites in progress are always best viewed on screen. Where exact colour accurate reproduction is imperative, you should request colour calibrated proofs or wet proofs which may not be included in estimates. The client remains responsible for all content and colourways that they sign off.
Artwork; This process converts conceptual designs into technically accurate, quality checked artwork suitable for high-resolution reproduction.
Files Unless previously agreed in writing, files are only provided to you in a non-editable pdf format and are copyright protected.
How we work This clarifies the way in which we wish to work together.
Our terms & conditions
These terms are to protect Us from bad debt and the compensation culture. We will always aim to be agreeable, understanding and flexible.
All estimates made and orders taken by VANILLA Creative Ltd (‘We’ or ‘us’) are subject to the following conditions, which form part of and govern the contract of any sale with the customer (‘You’ or ‘Your’ associates or suppliers). By agreeing an estimate, You commit to the work detailed within it and this forms Your acceptance to these terms and conditions.
- ESTIMATES: This is based on information supplied by You. An estimate is valid for 30 days. We update an estimate after acceptance if You change the job specification, if. Your requirements change, if; Your revisions necessitate extra work; or if ; costs rise.
- PRELIMINARY WORK: All work carried out (experimentally or otherwise) at the customer’s request shall be paid for by the customer.
- COLOUR PRINTING: Every effort will be made to ensure perfect colour reproduction but we cannot guarantee an exact match between original photography, our proofs and the printed article.
- OWNERSHIP OF FILES, DESIGNS AND IMAGES: VANILLA retains ownership, worldwide copyright and intellectual property rights over all work we have engaged in for You or Your customer. This includes all images we have provided, all idea generation, conceptual design, implementation or development work. Images or files will only be supplied to You in PDF format, and may not be passed on to or used by anyone else unless accompanied by a valid VANILLA Usage License, which we may charge for. We require full details of such usage before issuing a Licence. You may not edit or in any way change an image or design which VANILLA has created or owns, nor pass it to anyone else to do so.
- COPYRIGHT TRANSFER FEE: We reserve the right to charge a fee to transfer copyright and issue a transfer licence. Transfer of copyright is discretionary and may be refused.
- OWNERSHIP OF GOODS: All material goods (eg print) will remain the property of VANILLA until full payment has been received.
- PRODUCTION: (eg printing): If you choose to manage Your own production, We will
supply digital PDF files to Your chosen supplier but cannot accept responsibility or liability for any errors, quality issues or supply that are beyond our control. - DELIVERY: We will endeavour to meet delivery dates but will not be liable for any delay in delivery nor for any consequential loss. We may charge extra if You require expedited delivery. We will not deliver if payment is not received in advance.
- SUITABILITY OF GOODS: You are responsible for ensuring that any materials used in
goods supplied by Us do not adversely affect other materials in contact (eg food packaging). - SUB-CONTRACTING: VANILLA may sub-contract in whole or in part to any person or company without notice. Such work will still be governed by these terms and conditions.
- COMPANY LOGO & COPYRIGHT SYMBOL: Unless specifically agreed by Us in writing in advance, our work may bear the words ‘© VANILLA Creative Ltd. All Rights Reserved - www.freshvanilla.co.uk’ - which will be positioned at our discretion.
- LIABILITY: VANILLA will not be liable for the results of advice given by its employees to any customer. VANILLA’s liability in respect of defective or faulty work shall be limited to rectifying the defect or fault or replacing the work or crediting the invoice price of the goods at our option. VANILLA shall not be liable for any loss or damage in excess of the invoice price of any work. Whilst we regularly archive duplicate copies of every file, We will not be liable for any loss, corruption or unsuccessful retrieval of data. Every care is taken, but We cannot accept responsibility for loss or damage to artwork, photographs, transparencies or other customer property. These are left in our possession at Your own risk. Customer sign-off is constituted either: by Your signature on a hard copy, OR by an email from You indicating approval. VANILLA accepts no liability for errors which You have signed off. Customer amendments or additions and resulting proofs will be chargeable.
VANILLA will accept no liability for inaccuracy, error or misleading information, nor for any resulting loss. You are responsible for ensuring you have sufficient rights to use an image
which You have supplied to Us for publication. - PAYMENT TERMS: We may require payment to be made before We start work. We usually invoice on a monthly basis for ongoing work. Websites must be paid for in full before they go live.
- PAYMENT: All invoices are due for payment as per terms detailed on each invoice.
- PAYMENT DEFAULT: Accounts unpaid after the due date will be considered to be in default. Any invoice outstanding beyond this period will be referred to debt collection or litigation proceedings and will be subject to a surcharge of 15% plus Vat to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable. In accordance with the Late Payment of Commercial Debts (Interest) Act (1998) the outstanding amount may accrue interest at 8% above base rate. Goodwill discounts are made on the condition Your account is paid on time and We may withdraw such discount if Your account is in default. Any query or objection to our invoice or delivered goods must be raised with Us in writing within 7 days of the invoice date or delivery date, whichever is the latest. Claims after this time will not be considered. Cheques returned with insufficient funds will incur a return charge fee. Customers with accounts in default will be expected to pay Us reasonable expenses, including legal fees and costs for collection, incurred in enforcing these terms and conditions. We will not produce matter which is in our opinion illegal, libellous, prejudicial or detrimental to our good reputation. We will not knowingly use images in final design work for which We or You do not have sufficient rights. We shall be indemnified by You in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in material presented for You. The indemnity shall extend to any amounts paid for legal advice in settlement of any claim.
- GOVERNING LAW: All contracts between You and Us shall be subject to and construed in accordance with English law and all contracts hereunder shall be deemed to be made at VANILLA CREATIVE Ltd’s trading address: 17 Priory Crescent, Roade, Northampton NN7 2NF