The following Terms and Conditions of Service apply to all products and services provided by Jackson Daly Ltd (hereinafter Jackson Daly).
Terms & Conditions
- All work is carried out by Jackson Daly on the understanding that the client has agreed to Jackson Daly’s terms and conditions.
- Copyright is retained by Jackson Daly on all design work including words, pictures, ideas, visuals and illustrations.
- Once the appropriate invoice is paid in full a licence for free use in perpetuity is granted to the client on the design work.
- If a choice of design is presented, only one solution is deemed to be given by Jackson Daly as fulfilling the contract. All other designs remain the property of Jackson Daly, unless agreed in writing that this arrangement has been changed.
- Jackson Daly Limited is registered in England and is bound by the laws of the United Kingdom.
- Jackson Daly has valid professional indemnity insurance with HCC International of £1,000,000.
- All costs are quoted in pounds sterling unless otherwise stated.
- At the time of proposal, Jackson Daly will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on the Jackson Daly 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 Jackson Daly. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Jackson Daly’s terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation has been received by Jackson Daly.
- Certain projects require the payment of an enablement fee. This will be specified in the quotation. Work on the project will not commence until Jackson Daly has received this amount.
- All charges are subject to VAT at the standard rate.
- Charges for design work do not automatically cover the release of copyright design files including indd, psd, png, fla or any other source files; if the Client requires these files, they may be subject to a separate quotation or ‘buy-out’ charge.
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.
- 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.
- Publication and/or release of work done by Jackson Daly 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. Jackson Daly reserves the right to consider an account to be in default in the event of a returned cheque.
- Our invoices will be paid in full and not be subject to any international or local business taxation.
- An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Jackson Daly shall be considered entitled to remove Jackson Daly 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 Jackson Daly 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 Jackson Daly for inclusion in the customer’s brochure, 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 Jackson Daly on behalf of the customer, will remain the property of Jackson Daly and/or its suppliers.
- The customer may request in writing from Jackson Daly, the necessary permission to use materials (for which Jackson Daly holds the copyright) in forms other than for which it was originally supplied, and Jackson Daly 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 Jackson Daly, the customer grants Jackson Daly permission to use this material freely in the pursuit of the design.
- Should Jackson Daly, 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 Jackson Daly to remove and/or replace the file on the site.
- The customer agrees to fully indemnify and hold Jackson Daly 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 Jackson Daly 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 Jackson Daly, or any of its contractors, is licensed for use by the client on payment of the appropriate invoice in full.
- 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. Jackson Daly will not be held responsible for any and all damages resulting from such claims. Jackson Daly is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Jackson Daly responsible for any such loss or damage. Any claim against Jackson Daly shall be limited to the relevant fee(s) paid by the customer.
- 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. No additional charges will be incurred without the client’s express prior approval.
Design Project Duration
- Any indication given by Jackson Daly of a design project’s duration is to be considered by the customer to be an estimation. Jackson Daly 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 Jackson Daly for the initial payment or by date confirmed in writing by Jackson Daly.
Rights of Access for Website Construction
- The client agrees to allow Jackson Daly 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
- Jackson Daly 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 Jackson Daly 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
- Jackson Daly considers the design project complete upon receipt of the customer’s signed Approval form. 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 agrees to allow Jackson Daly to place a small credit on printed material exhibition displays, advertisements and/or a link to Jackson Daly own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
- The customer also agrees to allow Jackson Daly to place websites and other designs, along with a link to the client’s site on Jackson Daly own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
- Jackson Daly 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. Jackson Daly also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that
- Jackson Daly does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Jackson Daly to remove the contravention without hindrance, or penalty. Jackson Daly 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, Jackson Daly 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 Jackson Daly within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
- Jackson Daly makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Jackson Daly will not be held responsible for any and all damages resulting from products and/or services it supplies. Jackson Daly 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
- Jackson Daly responsible for any such loss or damage. Any claim against Jackson Daly shall be limited to the relevant fee(s) paid by the customer.
- Jackson Daly 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. Jackson Daly will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
- Jackson Daly 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. Jackson Daly 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. Jackson Daly 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 Jackson Daly, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.