Terms and Conditions of the Pea Green Boat Design
These Terms and Conditions are set out for existing and prospective clients to refer to. Both existing and prospective clients are encouraged to read our terms and conditions fully, so that they understand the terms under which we work.
Acceptance of Terms
The Pea Green Boat Design is the trading name of The Pea Green Boat Ltd. The Pea Green Boat Design is therefore covered by Limited Company Status. By briefing The Pea Green Boat Ltd on your design project, you agree to be bound by the terms and conditions set out herein.
1) Prices
The Pea Green Boat Ltd shall charge for work at prices stated either an agreed fix fee stated in our written or verbal estimate or at our hourly rate current at the time of order, unless agreed otherwise in writing before the work starts. All prices given to customers are assumed to be exclusive of delivery charges and VAT.
2) Quotations
The Pea Green Boat Ltd will quote prices and estimate delivery times for any job:
a) Quotes and delivery estimates are provided subject to sight of work and are subject to The Pea Green Boat Ltd having capacity available to complete the work.
b) Customers are urged to check specifications and conditions in any quote. The Pea Green Boat Ltd will charge for work carried out beyond the quoted specification.
c) Quotes are checked for accuracy. However, The Pea Green Boat Ltd reserves the right to decline work if an error occurred in the quote.
d) Quotes that are provided for budgetary purposes are not binding and are subject to the complexity of the work involved.
e) Quotes may not allow for amendments or may only allow for nominal amendments. Amendments or work requested by clients outside of The Pea Green Boat Ltd’s quote will be charged additionally at our current hourly rate at the time of instruction.
3. Charges
a) Charges for services to be provided by The Pea Green Boat Ltd are defined in our quotations.
b) With new customers, all design services require an advance deposit payment of a minimum of 50 (fifty) percent of the invoice total before design work is commenced, unless otherwise agreed. This deposit is non-refundable. The remainder of the invoice total will be due upon completion of the work.
c) Where print or any other type of production is involved an advance deposit payment of a minimum of 50 (fifty) percent of the total invoice is required, the remainder to be paid upon the delivery of the job.
d) Unless otherwise agreed, in the case of website design an advance deposit payment of a minimum of 50 (fifty) percent of each stage invoice total is required for design stages, the remainder to be paid upon the completion of the appropriate design stage. Regarding the build stage of any website work undertaken, an advance deposit payment of a minimum of 50 (fifty) percent is required prior to the build. Once the deposit is used up, the remaining payments for the project are to be paid upon the completion of each stage of the build.
4) Verbal Instructions
The customer is urged to issue all instructions in writing and to confirm and telephone instructions by email. The Pea Green Boat Ltd will use its best endeavours to follow instructions given verbally, but shall accept no responsibility or liability for work carried out on this basis.
5) Proofs
The Pea Green Boat Ltd cannot be held liable for final printed items that do not match original ink Jet/laser visuals presented in the design process. Due to different printing processes/methods final printed colours will vary, depending on stock used.
a) If the customer is using our files to print from, then the customer must supply us with a proof of our work before print, this will enable us to check files for accuracy. If this procedure is not done then we are not liable for faults, errors or colour differences.
6) Work Supplied Late.
The Pea Green Boat Ltd cannot be held responsible for work received late. The Pea Green Boat Ltd reserves the right to charge extra for work which, as a result of the information required to complete it, being supplied late by the customer, must be executed more quickly than originally agreed.
7) Delayed Work-in-Progress – Design, Print and Web
If progress of work is delayed without prior arrangement by more than seven days due to customer approvals, material supplied late, or for any reason that is out side the control of The Pea Green Boat Ltd, The Pea Green Boat Ltd shall be entitled to payment for all work already carried out, whether or not delivered. This especially applies to web work where customer deadlines are very often not so demanding.
8) Acceptance of Printed Work
The customer shall inspect all work immediately on receipt, and give notice of any alleged defects in writing to The Pea Green Boat Ltd within three working days of delivery. Failing such notice, the client shall be deemed to have accepted the work and therefore will be liable for payment.
9) Liability
The Pea Green Boat Ltd’s liability to the customer for any damage or expense caused by any failure to discover any defect/error in the work or otherwise arising, shall be limited to a sum equal to the amount The Pea Green Boat Ltd charges for those items of work affected. The Pea Green Boat Ltd cannot be held liable for any errors, failure, defect, or delay in the work caused by the supply of unsuitable specifications or computer files by the customer.
10) Force Majeure
The Pea Green Boat Ltd shall have no responsibility to the customer in the event of any failure, delay or default due in whole or part to:-
a) Circumstances beyond The Pea Green Boat Ltd’s control.
b) Fire, power failure, mechanical or software failure, storage media corruption and unavoidable shortage of materials.
c) Industrial disputes or third party actions.
11) Ownership
a) Until work carried out by The Pea Green Boat Ltd is paid for in full, including interest for late payment, legal and beneficial ownership shall remain with The Pea Green Boat Ltd, and the customer shall hold the work on a fiduciary basis.
b) Not withstanding the above, if the customer is sub-contracting the work, the customer may sell on the work in normal course of business, in which case The Pea Green Boat Ltd ownership shall attach to the proceeds of the sale.
c) In circumstances where a project is cancelled or in the unlikely event that the customer wishes to transfer the project to another supplier, the customer is required to pay any outstanding fees immediately and agree a suitable level of compensation with The Pea Green Boat Ltd for the cancellation or transfer of the project.
d) In cases where the Pea Green Boat Ltd produces intitial design work for the purposes of concept work only, even if the concept design work is paid for in full, The Pea Green Boat reserves the right to ownership of that concept design work and the designs may not be transferred to or implimented by another company, unless a suitable usage rights fee is agreed by The Pea Green Boat Ltd in writing.
e) All work produced for pitches, whether paid or unpaid, remains the property of The Pea Green Boat Ltd and cannot be used in any way by the customer unless express permission is given in writing by The Pea Green Boat Ltd.
12) Intellectual Property
a) Any creative work produced by The Pea Green Boat Ltd or creative elements in The Pea Green Boat Ltd’s work are sold only as a limited license for use to the extent specified in (or that could be assumed from) the original order.
b) The Pea Green Boat Ltd shall retain full legal and beneficial ownership of such creative work, and no additional or subsequent use or commercial exploitation may be made without The Pea Green Boat Ltd’s expressed permission in writing.
c) In circumstances where a project is cancelled or in the unlikely event that the customer wishes to transfer the project to another supplier, the intellectual property rights remain with The Pea Green Boat Ltd in perpetuity unless otherwise agreed in writing by The Pea Green Boat Ltd.
d) All work produced for pitches, whether paid or unpaid, remains the copyright of The Pea Green Boat Ltd and may not be used or disclosed to any third parties without the written permision of The Pea Green Boat Ltd.
e) Copyright may be transferred from The Pea Green Boat Ltd to the customer upon request and agreement made by The Pea Green Boat Ltd to that effect. Whether additional fees are required for the transfer of copyright or not, the customer must receive confirmation in writing from The Pea Green Boat Ltd regarding any transfer of copyright.
f) The Pea Green Boat Ltd automatically transfers full copyright for the company logo or/and brand logo chosen by the client from the design options submitted upon payment in full by the client. All other design solutions submitted other than the logo and/or brand identity chosen by the client remain the property of The Pea Green Boat Ltd and cannot be used by the client under any circumstances. The alternative designs which are not the chosen design but are submitted as part of the design presentation are confidential and may not be communicated to any third party. As owner of these designs, The Pea Green Boat reserves the right to use the rejected designs or derivatives of the rejected designs in any way it chooses without reservation.
13) Indemnity & Libel/Obscenity
The customer shall fully and effectively indemnify The Pea Green Boat Ltd against all costs, expenses, damages and losses in connection with any third party proceedings with respect of goods produced, worked on or work carried out by The Pea Green Boat Ltd, including claims and proceedings relating to copyright, trademarks, patents, industrial property, libel and obscenity.
14) Customer Default
If the customer shall be in default, or if The Pea Green Boat Ltd has reason to believe that the customer will be unable or unwilling to discharge its obligations, then The Pea Green Boat Ltd may cease work without any liability and give notice to the customer that payment for any thing supplied under the contract between the two parties is due and payable immediately. Without prejudice to other remedies, The Pea Green Boat Ltd shall in respect of all unpaid debts due from the customer have a general lien on all goods and property in its possession, and shall be entitled to dispose of such goods or property as it thinks fit in order to apply the proceeds towards such debts.
15) Subcontracts
The Pea Green Boat Ltd may subcontract any or all of the customers work, but The Pea Green Boat Ltd shall remain liable to the customer for it. We add a discretionary mark-up/handling charge at industry standard rates unless agreed otherwise in writing with the client prior to commencement of work.
16) Divisibility of Contract
All contracts between The Pea Green Boat Ltd and its customers are divisible. Each delivery made (i) shall be deemed to arise from a separate contract, and (ii) shall at The Pea Green Boat Ltd’s discretion be invoiced separately.
17) Different conditions
These conditions override any differing conditions which may appear on the customer’s order, and may be modified only with the written consent of The Pea Green Boat Ltd.
18) Governing Law
The resolution of any dispute shall be governed by the Laws of England.
19) Publicity Rights
The Pea Green Boat Ltd are entitled to claim authorship for designs/products reproduced wholly or substantially to our design. The customer agrees to give us credit where appropriate in all initial press publicity material. The Pea Green Boat Ltd appreciate the opportunity to see such material before publication. We reserve the right to use our design work in self promotional literature, advertising and on our website, under all circumstances, whether projects have been rejected, cancelled, transferred to another supplier or fully implememented by ourselves. In the case of Website design and development, The Pea Green Boat Ltd reserves the right to install a credit with a link to The Pea Green Boat Ltd website on the customer site whether the project has been one of purely design styling of the site or of complete design and build. If, for whatever reason or circumstances, it is agreed by the Pea Green Boat Ltd that a project may be moved to another supplier, The Pea Green Boat Ltd reserves the right to still have a creit for the design work on the cusomer’s website if The Pea Green Boat Ltd’s design work is used.
20) Printing
The Pea Green Boat Ltd Shall sub-contract all print orders, Likeness in colour may vary on print runs and on reprints using the same colour, we are not liable for colour variations that are beyond our control, all print work colours vary between spot colours and 4 colour process of the same colour, orders are only accepted with this understanding. Any printing requested as overs or run-ons will be charged.
21) Website design
The Pea Green Boat Ltd produces website design on a staged design and build basis.
Following the development of an agreed brief, The Pea Green Boat Ltd will produce any necessary planning and concept visuals, which the customer is required to sign off in stages. Any work required post sign off will be charged additionally whether it be part of either the design or build processes. The Pea Green Boat Ltd may sub-contract website development and build. The finished developed site may vary slightly from the initial concept visuals presented to the customer in terms of exact colour, exact layout and exact weight and style of typography due to the translation of concept visuals produced in Adobe Creative Suite (Illustrator, In-Design, Photoshop) into html code, java script, other web code, or existing ‘off the shelf’ themes and plug-ins. We endeavour to keep within budgets – but this is not always possible given the nature of the communication medium. Customer alterations, unless specifically agreed, will be charged as extra. The area of website design and development is often not driven by a definitive customer deadline, customers are therefore encouraged to put in place the necessary resource in order for the project to run smoothly and be completed as efficiently and as quickly as possible. Commissions are only accepted on this understanding.