Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by Kate Squier trading as ‘Brew’.
All work is carried out by Brew on the understanding that the client has agreed to Brew’s terms and conditions.
Copyright is retained by Brew 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 Brew as fulfilling the contract. All other designs remain the property of Brew, unless agreed in writing that this arrangement has been changed.
At the time of proposal, Brew Branding will provide the customer with a formal quotation. It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for design services to be provided by Brew will be set out in the written contract that is provided to the customer. Unless agreed otherwise with the Client, all design services over £100 will require an advance payment of a minimum of 30% (30) percent of the project quotation total before the work is supplied to the Client for review. The remaining seventy (70) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. Work on the project will not commence until Brew has received this amount.
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.
The customer will be provided with an Invoice prior to final publication after receiving written sign off from you. At this time the remainder of the amount due will become payable. 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 online transfer, cash or cheque.
Publication and/or release of work done by Brew on behalf of the client, may not take place before cleared funds have been received.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Brew shall be considered entitled to remove Brew’s 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 its obligation to pay the due amount. Customers whose accounts become default agree to pay Brew Branding reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademark
By supplying text, images and other data to Brew 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 Brew on behalf of the customer, will remain the property of Brew and/or its suppliers.
The customer may request in writing from Brew, the necessary permission to use materials (for which Brew holds the copyright) in forms other than for which it was originally supplied, and Brew may, at its 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 Brew, the customer grants Brew permission to use this material freely in the pursuit of the design.
Should Brew, 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 Brew to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Brew 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.
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 Brew holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Brew, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Brew and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Brew will not be held responsible for any and all damages resulting from such claims. Brew is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Brew responsible for any such loss or damage. Any claim against Brew Branding shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Brew’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Brew in electronic format as standard text (.txt), MS Word (.doc) via e-mail / FTP.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Brew Branding via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Brew Branding will not be held responsible for any image quality which the client later deems to be unacceptable. Brew cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.
Design Project Duration
Any indication given by Brew of a design project’s duration is to be considered by the customer to be an estimation. Brew cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Brew for the initial payment or by date confirmed in writing by Brew.
Rights of Access for Website Construction
The client agrees to allow Brew all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Brew access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply Brew with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
Brew considers the design project complete upon receipt of the customer’s written approval. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
The customer also agrees to allow Brew to place websites and other designs, along with a link to the client’s site on Brew own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Brew will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Brew also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Brew does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Brew to remove the contravention without hindrance, or penalty. Brew is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Brew will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Brew within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Brew makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Brew will not be held responsible for any and all damages resulting from products and/or services it supplies. Brew is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Brew responsible for any such loss or damage. Any claim against Brew shall be limited to the relevant fee(s) paid by the customer.
Brew reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Brew will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Brew and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Brew recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Brew Branding reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Brew Branding, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.