Terms and Conditions
Please read these terms and conditions that have been sent to you, and accept them using the box at the bottom of the page. Work/services will not commence until these terms have been accepted. If you have any queries or wish to make any amendments to these terms before work commences, you must inform me/request these before you accept the terms. By taking up my services/hiring me to complete any works for you, you agree to these terms and conditions and understand all the information and clauses presented within this agreement, despite whether they are agreed to using the form below. By reading and accepting these terms and conditions and accepting the quotation given to you, you agree that this is a legally binding contract between both yourself (the ‘Client’) and by Jade Melady (the ‘Service Provider’). Any changes or amendments to these terms and conditions must be made before quotation is accepted.
‘You/your’, and ‘Client’ refer to you – the client, the person accepting the services of Jade Melady
‘I’, ‘Jade Melady’, ‘myself’ and ‘Service Provider’ refer to the service provider, Jade Melady – Marketing Designer
Headings and titles are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
By accepting these terms, you agree you are of the opinion that the service provider has the necessary qualifications, experience and abilities to provide services to the client, and are happy for the service provider to carry out your requests, and I (the Service provider) am agreeable to provide the services agreed upon in your quotation. The services will also include any other tasks or work which the parties may agree upon after the initial quote. You understand and agree to pay any extra charges that may incur for additional services agreed upon after initial quote.
The client agrees that it is the client’s responsibility to check all the required details are correct when provided, and on the final product, including, but not limited to, spelling, contact details, event details, prices, names and dates. If details provided by you are incorrect when first given upon design consultation (in person, phone or online), you will receive up to two courtesy re-edits to fix this, no further edits will be made if you provide the wrong information again, and you agree you will pay for the time/services already received/provided by the service provider, plus any additional charges for continuing with the product re-edit.
The client agrees to provide all details, content, design ideas, photographs and logos, plus any other additional materials needed to complete your product/services at the beginning, before the design process begins. You agree to the Service Provider’s use of these materials, information and details. The client agrees that the service provider may contact the client during the service time frame to request further details or materials, and the client agrees to provide them where possible in order for the service provider to complete the services. You agree to provide your job expectations, any ideas, colour schemes or themes you desire at the commencement of the services.
The client understands and agrees that they are entitled to a limited number of re-edits and re-designs. If more than two re-edits are required due to (but not limited to) false details, photos, colour schemes or themes the client has provided, the client is obligated to pay for the service providers time and resources already spent, and the client must pay an additional charge to continue with the transaction and received the completed services. It is your responsibility to check the details provided are correct, spelling is accurate and a proofread is done. It is not my responsibility to ensure your details, grammar and spelling are correct, so make sure you double check all designs sent to you before printing.
If multiple re-designs are needed due to the clients dislike for the services/designs, the client has the right to terminate the services after five re-designs of the product/services if unhappy with the services provided (after the Service Provider has been given the opportunity to re-design). You agree to pay the service provider for the services already provided up to termination of the services.
The Service Provider reserves the right to terminate services under any circumstances. Should you or myself choose to discontinue the services, only the services provided up to that point will be billed, and any over payments will be refunded or discounted. Unforeseen circumstances are at the discretion of the Service Provider. Should the contract be terminated by either party due to unforeseen circumstances, the Service Provider retains the right to charge for any services provided up to the agreed termination date.
Once you have agreed upon your final design and paid for the services, if you require any changes, change your mind about the design or require any amendments to the design, details or any aspect of the final design, these amendments will be charged as additional work or as a new service.
Except otherwise agreed upon and noted in writing before these terms are accepted, all monetary amounts referred to are in GBP. You will be invoiced when the services are complete. In the event that a deposit is payable, you will receive two separate invoices for each the deposit and the full services, you agree to pay the deposit total before work commences. Invoices submitted to you by Jade Melady to you, (the client) are due to be paid within 14 days of receipt. You agree to provide the full and correct billing information when requested. You agree to pay the full cost within 14 days of invoice receipt. If payment is not received within 14 days, a late fee of 10% on top of invoice cost will be added to your invoice total. You agree to pay the full cost of the services (including any additional expense costs discussed during the duration of the project completion) quoted on the invoice. You understand you will be billed for time spent or services provided outside the boundaries of the original project at hand. Should you or myself choose to discontinue the services, only the services provided up to that point will be billed, and any over payments will be refunded or discounted. Unforeseen circumstances are at the discretion of Jade Melady. Should the contract be terminated by either party due to unforeseen circumstances, the ‘Service Provider’ retains the right to charge for any services provides up to the agreement terminate date. Deposits paid are non-refundable. You understand that you will not receive the un-watermarked final product until the invoice has been paid. I will notify you of any pricing changes (increases or decreases) to your original quote before invoice is sent. A payment scheme is only permitted if agreed at the time of consultation by both parties and is recorded in writing and signed by both parties. Failure to pay for services provided could resort in legal action.
Except as otherwise provided in writing, the Service Provider will have full control over working time, methods, the decision making in relation to the provision of the services in accordance with this agreement. The Service Provider will work autonomously and not at the direction of the Client. However, the Service Provider will be responsive to the reasonable needs and concerns of the Client.
In providing the services under this agreement, it is expressly agreed that the Service Provider is acting as an independent servicer and not as an employee. The Client and Service Provider acknowledge that this agreement does not create a partnership or joint venture between them and is exclusively a contract for service. Both parties acknowledge that this agreement is non-exclusive and that either Party will be free, during and after the agreement term, to engage or contract with third parties for the provision of services similar to the services provided by the service provider to the client.
Upon the expiry or termination of this agreement the Service Provider will return to the Client any property, documentation, records, or confidential information which is required and is the property of the Client. Completed services and related material (“Intellectual Property”), that is developed or produced, once paid, will be the property of the Client. The use of the Intellectual Property by the Client or Service provider will not be restricted in any manner. However, the Client agrees to not sell on any Intellectual Property to any third parties without first informing the Service Provider. Any services or products provided by the service provider to the client, cannot be sold on as the client’s own work or as original designs. The Client agrees that the Service Provider part-owns the services/completed product and can use the completed services during and after contract termination as part of their work portfolio and can advertise and showcase it on any platform, including but not limited to, the Service Providers website and social media. Unless otherwise agreed upon by both parties and stated within this agreement. In order to receive any discount, included but not limited to the Service Providers ‘Local Business Discount’, permission must be agreed to allow the Service Provider to use all services/products for their own use in advertising their business.
You agree to the quoted timeframe for the turnaround of my services. If you have a specific deadline or requested turnaround time-frame for the services you must make this known at the time of quotation for the services. You are aware that I may not be able to provide such services within your required time frame, which will be made clear upon quotation. You understand that I reserve the right to change the timescale or turnaround time within reason under any circumstances.
The Service Provider agrees to provide the discussed Services within the quoted or agreed upon timeframe to meet the deadline agreed by both Parties either at first service quotation or at a later date. Should the turnaround time change during the agreed upon timeframe the Service Provider agrees to consult with the Client about this time change before continuing with the Services, to ensure both parties are comfortable with the new turnaround time period or revised deadline. The Client agrees that should the time frame or deadline be changed due to their need for a quicker service or changed deadline, any additional services, or their lack of communication prolonging the turnaround, they will be charged for any additional resources or time spent by the Service Provider to complete their request/services.
You agree to remain in contact with the Service Provider and reply to any requests/questions or approve drafts in a timely manner. The Service Provider also agrees to remain in contact and respond within a timely manner.
Failure to respond in a timely fashion may result in the timeframe for the service completion to be extended. It is the Clients responsibility to pay for any additional charges due to this. The Client agrees to provide at least two correct points of contact. The Service provider also agrees to provide at least two correct methods of contact. This ensures the design process and client-provider relationship runs smoothly and efficiently.
“Confidential Information” refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
The Service Provider agrees that they will not disclose, divulge, reveal, report or use for any purpose, any Confidential Information which the Service provider has obtained (written or verbal), except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the term of this agreement and will survive indefinitely upon termination of this Agreement. Any Confidential Information needed or obtained by the Service Provider will be held on secure servers or in a secure environment owned by the Service Provider.
RIGHT OF SUBSTITUTION
Except as otherwise provided in this agreement, the Service Provider may, at the Service Provider’s absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Service Provider under this Agreement, and the Client will not hire or engage any third parties to assist with the provision of the Services.
In the event that the Service Provider hires a sub-contractor:
- the Service Provider will pay the sub-contractor for its services and the compensation will remain payable by the Client to the Service Provider.
- the sub-contractor is an agent of the Service Provider.
Please fill out the form below to accept the terms and conditions stated in this agreement. Please make sure your details are correct. Work/services will not commence until these terms have been accepted. If you have any queries or wish to make any amendments to these terms before work commences, you must inform me/request these before you accept the terms. These terms and conditions can be updated at any time, so please refer back to them regularly, especially if your service takes more than 2 weeks, or you take up additional services. These terms and conditions were last updated 22/03/2022.