Terms & Conditions

Definitions

In these conditions ‘the Customer’ means the person, firm or company who commissions the services of Marshall Design ‘the Company’. By commissioning the Company to undertake work ‘the project’ on their behalf, the Customer agrees that these Terms and Conditions of Trading define our working relationship. All projects, services or goods that the Company may be contracted to produce or provide for the Customer will be subject to the following:

Fees

For each project, the Customer will receive an estimate outlining the project specifications and estimated fees for our time based on our current hourly rate and, where appropriate, any goods and professional services commissioned by us in order to complete the project. We will begin work upon the customer’s written or oral approval of the estimate and this will constitute an agreement between us. The Customer agrees to pay the Company in accordance with the terms specified in each proposal/estimate. Estimates are valid for 30 days from the date on the estimate.

Payment

Unless otherwise agreed, first-time Customers will be required to pay 50% of the project cost before work can begin, all subsequent balances due are payable upon artwork approval. Customers with certified credit history with the Company will be required to pay 50% of the project cost at specified mid-stage and all subsequent balances upon artwork approval. Payment to be received no later than 30 days NETT from invoice date unless credit terms agreed. We understand and will exercise our statutory right to interest and compensation for debt recovery costs under the late payment legislation if account not settled according to agreed credit terms. Interest will be charged at the current reference rate + 8% at every 30 days for invoices exceeding 30 days. We reserve the right to refuse completion or delivery of work until past due balances are paid. The Customer shall pay the Company’s costs, charges and expenses directly or indirectly incurred in obtaining or otherwise enforcing payment of outstanding accounts.

Revisions and alterations

New work requested by the Customer and performed by the Company after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a revised proposal/estimate to you, and both parties must agree to a revised additional fee before further work proceeds. Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at our standard hourly rates. Overtime and rushed orders Estimates are based on a reasonable time schedule, and may be revised to take into consideration your ‘priority scheduling’ requests requiring overtime and/or weekend working. Knowledge of your deadlines is essential to provide an accurate estimate. In addition, our suppliers may mark up their charges in respect of work required in a hurry.

Exclusion of liability

Under no circumstances whatever shall the Company be liable for losses special to the particular circumstances of the Customer, indirect or consequential loss including loss of profits, damage to property or wasted expenditure. Without prejudice to the other provisions of these conditions, the Company’s liability shall not exceed the total of the contract fees for the project. The fees for any project are based on the assumption that the liability of the Company and Customer are as set out herein. Nature of copy and property belonging to others The Customer agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. The Customer is responsible for all trademark, copyright and patent infringement clearances and is responsible for arranging, prior to publication, any necessary legal clearances, licenses, usage or royalty payments.

Errors and omissions

It is the Customer’s responsibility to check proofs carefully for accuracy in all respects, including but not limited to prices, spelling, dimensions and distances. The Company is not liable for errors or omissions. The Customer’s signature or that of his/her authorized representative is required on all proofs or artwork prior to release for printing or other implementation.