UK Design Co. Terms & Conditions

Introduction

These Terms and Conditions (the “Terms”) govern the provision of design services (the “Services”) by UK Design Company, also known as Artbully, or UK Design Co., (collectively referred to as “UK Design Company”, “us”, “we”, “our”) to you, the customer (“you”, “your”). By commissioning any Services, you signify your acceptance and agreement to be bound by these Terms.

Services Provided

UK Design Company offers a comprehensive portfolio of design services, including but not limited to graphic design, digital design, print design, website design, branding, and consultancy services. The precise scope and nature of the Services provided will be mutually agreed upon by UK Design Company and you prior to the initiation of the project.

Quotations and Payments

Quotations for our Services will be furnished based on the information you provide regarding your requirements. Payment terms vary and will be agreed upon on a case-by-case basis. We reserve the right to delay the Services, at our discretion, in the event of late payment. Your timely payment is essential for the smooth completion and delivery of our Services.

Customer Obligations

As our customer, you are required to cooperate with us and provide timely and accurate information to aid in the completion of our Services. Any delays or errors resulting from your failure to fulfil these obligations may impact the timeline and outcome of our Services.

Revision and Cancellation Policy

We understand that revisions may be necessary to ensure the final design aligns with your vision. While we accommodate revisions, please be aware that significant changes or additional work beyond the original scope may incur extra charges. We commit to communicating any potential additional costs before proceeding with such revisions. In the event that you need to cancel our services, you may do so. However, please note that cancellation fees may apply, especially if work has already commenced or if there have been expenditures incurred by UK Design Company in the preparation or execution of your project. These fees are intended to cover reasonable costs and time already invested.

Subcontracting and Third-Party Services

In certain situations, although it is not common practice, UK Design Company may choose to engage the services of subcontractors or third-party providers to assist in fulfilling specific aspects of a project. This could occur in instances where specialised skills or resources are required, or to ensure that project deadlines are met without compromising on the quality and integrity of our work.

When subcontractors or third parties are employed, UK Design Company takes extensive measures to ensure that these external parties are highly qualified and adhere to the same high standards of quality, professionalism, and ethics as we do. Our vetting process includes a thorough evaluation of their portfolio, reputation, work ethic, and adherence to industry standards. We also ensure that they commit to our ethical codes of business conduct, which include respect for client confidentiality, commitment to fair business practices, and adherence to all applicable laws and regulations.

UK Design Company maintains full oversight and management of any work undertaken by subcontractors to guarantee it meets our exacting standards. We take complete responsibility for coordinating, supervising, and integrating their work into the overall project. This ensures a seamless and cohesive final product, indistinguishable from work completed by our in-house team.

As our client, you retain full rights to all work produced, regardless of whether it is completed by our internal team or by subcontractors. The intellectual property rights, usage rights, and any other relevant rights of the output will be the same as if UK Design Company had completed the work directly.

Intellectual Property Rights Transfer and Retention

Upon full payment of services rendered by UK Design Company, all intellectual property rights in the final designs created and delivered as part of the project will be transferred to you, the client. This transfer of rights includes the exclusive right to use, reproduce, modify, display, and distribute the final designs in any medium, for any purpose, without further compensation or acknowledgement to UK Design Company.

All preliminary works, drafts, or concepts developed during the creative process but not selected as the final design or resembling the final design will remain the sole and exclusive property of UK Design Company. This includes all intellectual property rights associated with such preliminary materials. These materials may be used by UK Design Company for other projects, or for our portfolio, promotional, or display purposes, without any obligation or compensation to you. This retention of rights allows UK Design Company the flexibility to demonstrate our design capabilities and to reuse unselected concepts for other purposes.

You retain full rights to any digital material that you provide to UK Design Company for inclusion in the project. This material may include, but is not limited to, images, videos, logos, icons, documents, and text content.

UK Design Company retains the right to showcase any final designs in our portfolio and for promotional purposes related to our business. This includes the use of these designs on our website, in presentations, marketing materials, and other forms of media to showcase our expertise and past work. If required, a separate agreement will be made that will supersede this clause and provide confidentiality or non-disclosure for any specific elements or the entirety of the design, outlining the terms under which the final designs are excluded from our portfolio and promotional uses.

Client Responsibility for Content and Indemnification

As the client, you hold the responsibility for ensuring that all content you provide for inclusion in the design work (including, but not limited to, text, images, trademarks, logos, videos, and any other intellectual property) is either your own original work or that you have obtained all necessary rights, licenses, consents, and permissions to use such content. This includes ensuring that the use of such content in the project does not infringe upon the intellectual property rights, privacy rights, or any other legal rights of any third party.

By engaging our Services, you agree to indemnify, defend, and hold harmless UK Design Company, its officers, directors, employees, agents, and subcontractors from and against any and all losses, damages, liabilities, settlements, costs, and expenses (including reasonable legal fees and costs) that arise as a result of claims, actions, or demands alleging copyright infringement or any other infringement of intellectual property rights, or any other legal claims resulting from the content you provide. This indemnification extends to any claims brought against UK Design Company related to the content you supply, regardless of the medium in which your content is incorporated into our work.

Warranty of Originality

UK Design Company warrants that all designs, graphics, and creative works generated by our team are original and are created specifically for the purpose of your project. We guarantee that our work does not knowingly infringe upon the intellectual property rights of any third party. In the unlikely event that our work is found to infringe upon the intellectual property rights of others, UK Design Company will take appropriate steps to address the issue, which may include modifying the design, substituting a different design, or other actions as necessary to resolve any infringement claims.

UK Design Company-Sourced Content

All images, icons, templates, or fonts utilised in the provision of our Service are covered under commercial licenses held with Adobe or other third-party suppliers. In instances where a specific element necessitates a special or extended license, we will promptly inform you and facilitate the provision of the requisite license at the point of project delivery.

While we exercise diligence in sourcing other content not named above, we do not guarantee that all content sourced by us is free from potential copyright infringement. As the client, you bear the responsibility for verifying and ensuring the copyright compliance of any such content, except in cases where we have explicitly stated compliance at the time of delivery.

In situations where any component used falls outside the scope of our existing commercial licenses, we will notify you accordingly to ensure appropriate measures are taken.

Limitation of Liability

The liability of UK Design Company in relation to the Services provided is strictly limited to the total fee paid for the specific Services in question. This limitation of liability is comprehensive and includes, but is not limited to, any claims for indirect, incidental, special, or consequential damages, such as loss of profits or revenues, business interruption, or loss of business information, arising out of or in connection with the use of, or inability to use, the Services, even if UK Design Company has been advised of the possibility of such damages. Additionally, UK Design Company shall not be held responsible for any form of data loss or corruption. Clients are encouraged to maintain their own backups and data protection mechanisms to safeguard their information.

Confidentiality and Data Protection

At UK Design Company, we are committed to maintaining the highest standards of confidentiality in all aspects of our work. We strictly protect all non-public information and trade secrets disclosed during the course of our engagement. This commitment extends to ensuring that all personal and sensitive data are handled in compliance with applicable data protection laws and regulations. Our handling of data is characterised by respect for client privacy and diligence in the protection of client information. However, the specific terms of our privacy policy will not be detailed here; clients interested in understanding how their personal data is processed are encouraged to contact us directly for more information.

Force Majeure

In the event of a force majeure, neither UK Design Company nor the client shall be held liable for any failure or delay in fulfilling their respective obligations under these Terms and Conditions. A force majeure event refers to any unforeseeable and insurmountable event beyond the reasonable control of either party, including but not limited to natural disasters (such as earthquakes, floods, hurricanes, and wildfires), war, terrorism, civil unrest, strikes or other labour disputes, epidemics, pandemics, government actions or restrictions, or major disruptions to transportation or communication networks.

In such circumstances, the affected party is required to promptly notify the other party of the occurrence of such an event. This notification should include details of the event and an estimation of its impact on the party’s ability to perform their obligations.

Upon occurrence of a force majeure event, both parties agree to cooperate in good faith to find an equitable solution and to minimise the impact on both parties. This may include the negotiation of alternative timelines, modifications to the scope of work, or other mutually agreed adjustments to the obligations under these Terms and Conditions.

Amendments, Variations, and Jurisdiction

UK Design Company reserves the right to amend or revise these Terms and Conditions at any time. Such amendments may reflect changes in the law, new regulatory requirements, enhancements in our service offerings, or updates in our business practices. We will make reasonable efforts to notify you of significant changes. However, it is your responsibility to review these Terms periodically. Your continued use of our Services following any changes signifies your acceptance and agreement to be bound by the revised Terms.

In the event of any disputes arising from or in connection with these Terms and Conditions, or the Services provided under them, such disputes shall be subject to the exclusive jurisdiction of the courts of the United Kingdom. The choice of jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction in the case of intellectual property rights infringement or other breach.

Right to Refuse Service

At UK Design Company, we maintain a high standard of ethical and professional integrity. Therefore, we reserve the right to refuse service for any projects that are deemed unethical, offensive, or discriminatory in nature, or those that promote illegal activities. This also includes projects that fall outside our scope of expertise or go against our company values and principles. In such cases, we will communicate our reasons for refusal in a respectful and professional manner. Our commitment is to foster a positive, ethical, and professional working environment, both for our team and our clients.

Communication and Feedback

Effective communication is key to the success of the services we provide at UK Design Company. We have established a robust communication protocol that ensures regular updates and systematic feedback throughout the duration of a project, where relevant. This includes scheduled meetings, progress reports, and milestone reviews, ensuring that you, the client, are kept informed and engaged at every stage. We require your active participation in this process, with reviews and approvals at predetermined stages being mandatory for the continuation and successful completion of the project. This collaborative approach ensures that the final outcome aligns with your expectations and our quality standards. Our goal is to ensure transparency and clarity in our communications, fostering a strong, productive partnership.

Contact Information

For any questions regarding these Terms, please contact the office administrator at the following email address: INFO@UKDESIGNCO.CO.UK

Last updated: [05.02.24]