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"Design is not art. Design is utilitarian, art is not."

Massimo Vignelli

Sublime General Terms and Conditions of Service

The following General Terms and Conditions of Service apply to all branding, graphic design and artwork services provided by Sublime Agency Limited. All design work is carried out on the understanding that the client is in agreement with these terms.

Project Acceptance

Sublime will provide the client with a written estimate for all projects unless an existing retainer or pre-purchased hours agreement is in place. Written confirmation of receipt and approval to proceed with the project as quoted must be received before any work commences. Confirmation can be sent via email or post.

Design Fees

Fees for design services to be provided by Sublime will be set out in the written estimate that is provided to the client. At the time of the client’s acceptance of this estimate, 50% of the quoted fee will be invoiced for projects over £2,000. Work on the project may not commence until Sublime has received this amount. The remaining balance of the project fees will be billed on a mutually agreed date, i.e. 40 days after the project start date, to help keep projects on track.

Charges for Production and Other Services

Charges for any additional services such as production or printing costs, photography or stock imagery, will be made known to the client. All amounts will become fully payable at the time of project completion, except for production costs which will be billed at the start of the production process.

Payment

The client will be asked to provide artwork sign off prior to production. An invoice for the remaining balance will be issued at the start of the production process. Credit is approved on a per-client basis, if you wish to apply for a credit account, an application form is available on request from: accounts@wearesublime.com. Our credit terms are 14 days from invoice date. Payments can be made via bank transfer, cheque or other electronic funds transfer. Sublime reserves the right to consider an
account to be Overdue in the event of a returned cheque.

Overdue Accounts

An account shall be considered Overdue if it remains unpaid more than 15 days after the invoice date, or following a returned cheque. Sublime will be considered entitled to remove access to all supplied work from all computer systems, until the amount due has been fully paid. This includes any unpaid monies due for services, including, but not restricted to, website hosting, domain registration, search engine submission, design and maintenance, subcontractors, printers, photographers and stock imagery libraries. Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become Overdue agree to pay Sublime reasonable legal expenses and third party collection agency fees in the enforcement of these.

Permission to Use Copyright Material

By supplying text, images and other data to Sublime for inclusion in a project, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. Should Sublime, or the client, 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 client will agree to allow Sublime to remove and/or replace the file. The client agrees to fully indemnify and hold Sublime free from harm in any and all claims resulting from the client not having obtained all the required copyright, and/or any other necessary permissions.

Copyright

Copyright of all graphic design work is retained by Sublime Agency Limited including copy written by us, concepts, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled. Upon payment, Sublime agrees to transfer ownership of all final assets produced as per the project specification. Any design work by Sublime is licensed for use by the client on a one-application only basis and may not be modified, reused, or redistributed in any way or form without the express written consent of Sublime and any of its relevant subcontractors. The Client can freely use and reproduce final supplied work and assets within the boundaries of the agreed usage/application (for example, printing a subsequent quantity of brochures from the supplied press ready PDF files). In developing any brandmarks (logos), Sublime will use reasonable efforts to ensure that any such designs are original. Sublime’s efforts shall not include a complete trademark clearance search. Should a higher level of assurance be required by the client, they should seek to engage the services of a trademark search agency and intellectual property advisor.

Source/Data Files

Fees for design work do not cover the release or reuse of our copyright source design files, including but not restricted to, INDD, PSD, AI, TIFF and HTML file format. Requests for the transfer of Sublime’s copyright source files will be handled on a case-by-case basis and may be subject to a separate quotation or ‘buy-out’ fee. An artwork assignment fee is typically 25% of the original project fee. If you are interested in discussing an artwork assignment fee, please email matt@wearesublime.com.

Reuse and alteration of designs and layouts is prohibited without express written permission from Sublime.

Alterations

The client agrees that changes required over and above the number of rounds of amends specified in the estimate may be liable to an additional charge. The client also agrees that Sublime holds no responsibility for any amendments made by any third party, before or after a design is published.

Data Formats

The client agrees to Sublime’s definition of acceptable means of supplying data for inclusion in projects. Text should be supplied to Sublime in electronic format as standard text (.txt), Microsoft Word (.doc) via email/USB data stick or via shared Google Doc. Images which are supplied in an electronic format, are to be provided via an Cloud-based Computer File Transfer Service, such as wetransfer.com. Images must be of a quality suitable for use without any subsequent image processing, and Sublime will not be held responsible for any image quality which the client later deems to be unacceptable. Sublime cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Design Project Duration

Any indication given by Sublime of a design project’s duration is to be considered by the client to be an estimation. Sublime cannot be held responsible for any project over runs, whatever the cause.

Design Project Completion

Sublime considers the design project complete upon receipt of the client’s sign off on design work. Production services such as printing, exhibition construction or mailing and fulfilment should be viewed as a separate project with their own lead-time and schedule.

Website Design

Once web design is complete, Sublime will provide the client with the opportunity to review the final work. Sublime will make one set of minor changes at no additional cost within 14 days of the start of the review period. Minor changes include small textual changes and replacement of images. It does not include changes to structure of the approved wireframe/site design, colour schemes or navigation systems.

Website Hosting

Sublime offers a limited hosting service through an outsourced Hosting Provider. Sublime does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Sublime may request that clients change the type of hosting account used if that account is deemed by Sublime to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for Sublime’s hosting service are due at the commencement of any period of service and are non-refundable. Sublime will invoice clients annually for any agreed hosting services. Unless otherwise specified, services are provided for a minimum contract term of 12 months and unless cancelled in writing will automatically be renewed for the billing period chosen on sign up. You are entitled to cancel the services by contacting Sublime no less than 3 months prior to the renewal date for your services. Sublime are not responsible for the renewal of domain names, which are the sole responsibility of the client/domain owner.

Design Credits

Sublime reserves the right to request the placement of a small credit on printed material, exhibition displays, advertisements and/or a link to Sublime’s own website on the client’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 client also agrees to allow Sublime to use all completed work on Sublime’s own website or within marketing materials for portfolio and promotion purposes, unless otherwise agreed.

Rights of Refusal

Sublime only engages with client whose values and business activities are in-line with or sympathetic to our own. Further to this, Sublime will not include in its creative work, 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. Sublime reserves the right to refuse to include submitted material without giving reason. If Sublime does include content that later transpires to contravene these Terms and Conditions, the client is obliged to allow Sublime to remove the contravention without hindrance, or penalty. The client agrees to take responsibility to ensure all finished work is not in breach or any advertising standards or copyright infringement.

Cancellation

Cancellation of projects may be made initially by telephone contact, or word of mouth, however, following this, Sublime will require formal notification in writing to the company director via email or post. The client will then be invoiced for all work completed over and above the non-refundable deposit. The balance of monies due for cancelled projects must be paid within 7 days. Please note: Any cancellation which is not formally confirmed in writing and received by Sublime within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Retainer Carry-over

The Client may carry over unused hours/points into the following months that fall inside the Agreement Terms (period). If there are unused hours/points remaining at the end of the Term and the Retainer Agreement is not being renewed, usage of remaining hours/points will be solely at the discretion of the Agency. Refunds will not be possible.

Acceptance of Quotation

The placement of an order for design and/or any other services offered by Sublime and validated by the client’s written confirmation via email or post in response to the estimate or quotation. This confirmation constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the client and Sublime. For retainer and pre-purchased hours agreements, further Terms and Conditions will be issued and a signed Contract will be required before work can commence.

Disclaimer

Sublime makes no warranties of any kind, express or implied, for any and all services that it supplies. Sublime will not be held responsible for any and all damages resulting from services or products it supplies. Sublime is not responsible for any loss, or consequential loss of data, or non-delivery of services or products 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 client agrees not to hold Sublime responsible for any such loss or damage. Any claim against Sublime shall be limited to the relevant fee(s) paid by the client. Sublime reserves the right to use the services of subcontractors and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Sublime will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Sublime and its clients agree to comply with the Terms and Conditions of which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Sublime recommend that if an exact quantity of printed items is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Sublime reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.