The following Terms and Conditions of Service apply to all products
and services provided by Big Smile Design Group
All work is carried out by Big Smile Design on the understanding that the client has agreed to Big Smile Designs terms and conditions.
Copyright is retained by Big Smile Design 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 Big Smile Design as fulfilling the contract. All other designs remain the property of Big Smile Design, unless agreed in writing that this arrangement has been changed.
Project Acceptance
At the time of proposal, Big Smile Design will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Big Smile Designs website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Big Smile Design. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Big Smile Designs terms and conditions. No work on a project will commence until either document has been received by Big Smile Design.
Design Charges
Charges for design services to be provided by Big Smile Design, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customers signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 30% of the quoted fee will become immediately due. Then on completion of agreed artwork another 30% of the quoted fee will become immediately due. And finally on completion of the job the final 40% of the quoted fee will become immediately due. Work on the project will not commence until Big Smile Design has received the 30% deposit.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Payment
The customer will be provided with an Approval Form or email sign off and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or reply to email to Big Smile Design. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.
Payments may be made by cash, cheque, or (for overseas customers), Pound Sterling International Money Order or previously agreed electronic funds transfer.
Publication and/or release of work done by Big Smile Designs on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of £50 per returned cheque. Big Smile Design reserves the right to consider an account to be in default in the event of a returned cheque.
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 Big Smile Design holds no responsibility for any amendments made by any third party, before or after a design is published.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Big Smile Design shall be considered entitled to remove Big Smile Designs’ 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 it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Big Smile Design reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Big Smile Design 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 Big Smile Design on behalf of the customer, will remain the property of Big Smile Design and/or it’s suppliers.
The customer may request in writing from Big Smile Design, the necessary permission to use materials (for which Big Smile Design holds the copyright) in forms other than for which it was originally supplied, and Big Smile Design 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 Big Smile Design, the customer grants Big Smile Design permission to use this material freely in the pursuit of the design.
Should Big Smile Design, 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 Big Smile Design to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Big Smile Design 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.
Confidentiality
Big Smile Design will deal directly with the customer and all work is to remain confidential at all times, this includes all of our outsourced printing companies, artworkers, designers, photographers, illustrators and web developers working for Big Smile Design.
All deliveries to any client on behalf of Big Smile Design must be done as white label, which includes plain vans with no signage relevant to the company supplying to the client, plain blank boxes, no receipts to any client, no second party compliment slips etc. left in any boxes, no correspondence, emails or phone conversations to Big Smile Design clients. It is understood that as a supplier for Big Smile Design you completely agree with our terms & conditions. Breaking these terms & conditions as a supplier or worker can result in legal proceedings, termination of any contract, agreement or use as a supplier.
It's just very bad practice all round!