Conditions of sale

Project acceptance

• Down The Line Design will provide the client with a written estimate or quotation. This is valid for 30 days.
• It will be based upon conversations to date and subject to revision should the client’s requirements change. At such point we will provide an updated estimate.
• To confirm their order the client may send an official Purchase Order or an email acknowledging acceptance of the quotation. This binds the client to accept Down The Line Design’s terms and conditions.
• No work will commence until the aforementioned acceptance has been received.

Alterations

• Within our quotation we will indicate the number of phases included within the proofing process.
• Any changes required by the client over and above the estimated work will be liable to a separate charge. This is within Down The Line Design’s discretion.
• The client agrees that Down The Line Design holds no responsibility for any amendments made by any third party before or after a design is published.

Proofing

• It is the client’s responsibility to fully proof and check any design work completed for them by Down The Line Design.
• E-mail or written approval of the final artwork proof must be given by the client before Down The Line Design will release it for print or publication.
• The client accepts full responsibility for the accuracy within all design works, for example but not limited to typographic errors or misspellings.
• Down The Line Design will complete its own checks to ensure the accuracy of works, but no liability will be accepted by Down The Line Design for errors not highlighted or requested by the client prior to written approval being received.
• The cost of any corrections requested by the client following the submission of their own approval to Down The Line Design are to be covered by the client. For example but not limited to alterations requested following a file being sent to print, or, the reprint of a piece of material.
• The cost of any corrections required to a website following its launch and being undertaken by the management of the client are to be covered by the client.

Payment

• Standard payment terms are 14 days from invoice date.
• We will agree invoice phases with the client in advance.
• Invoices will be issued in one of the following ways, reflecting the nature of the project:
  • upon agreement of brief and provision of go ahead by the client, forming a contract of works between the client and Down The Line
  • in a sequence of interim invoices that reflect key milestones of the project, with payment required to ensure smooth continuation of subsequent phases
  • at the conclusion of works
• Failure to pay interim invoices on time may cause us to pause a project, until payment is received.
• Where a client sources print via Down The Line Design, we request payment is made prior to delivery.
• All new clients will be required to pay a non-refundable deposit prior to Down The Line Design commencing work. The value of this deposit invoice will be dependent upon the nature of project being undertaken. For example, it may equate to 50% of project value.
• Payment details will be included on invoices.
• Down The Line Design reserves the right to not release work until payment has been received.

Copyrights and Trademarks

• The client declares that it holds the appropriate copyright and/or trademark permissions for any text, images, video, or other data that it supplies to Down The Line Design.
• The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
• The client grants Down The Line Design with the appropriate permissions to use this material freely in design works on behalf of the client.
• Any content that is subsequently found to break copyright or trademark laws will be corrected at the client’s expense.
• The client agrees to fully indemnify and hold Down The Line Design free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
• Where third party materials are supplied to the client by Down The Line Design, the client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials. E.g. usage conditions for images purchased for use in the design of materials for the client.

Cancellation

• Should the client wish to cancel an order it can do so
  • initially by telephone or e-mail
  • then formally by e-mail or writing
• The client will then be invoiced for all work completed to that date.
• If this work is less than the non-refundable deposit paid at the start of the project, the difference will not be repaid to the client.
• Any balance of monies due to Down The Line Design must be paid within 14 days.

Licensing

• Any design, copywriting, or website delivery by Down The Line Design (or any of its contractors) is licensed for use by the client on a one-time only basis. It may not be modified, re-used, or re-distributed in any way or form without the express written consent of Down The Line Design (or its relevant sub-contractors).
• Where there is a risk that another party may make a claim, the client should register the work with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
• Down The Line Design will not be held responsible for any and all damages resulting from such claims.
• Down The Line Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause.
• The client agrees not to hold Down The Line Design responsible for any such loss or damage.
• Any claim against Down The Line Design shall be limited to the relevant fee(s) paid by the client.

GDPR

• It is the client’s responsibility to ensure their business and its processes conform to all relevant laws and best practice.
• This includes how it obtains, monitors, stores and processes data, which is the focus of GDPR legislation. The client agrees that Down The Line Design & Marketing holds no and shall hold no responsibility for any associated areas listed or not listed here.
• The client must ensure their own privacy policy and all associated terms of business that need to be included in their website(s) (whether we have built the website or if it’s been built by another third party) are included, and, that they conform to all such legislation. It is the client’s responsibility to ensure all such policies are in place and up to date.
• To read our full Privacy Policy click here.

Email marketing on our clients’ behalf

• Where we manage email marketing campaigns on our clients’ behalf we will use either MailChimp or Campaign Monitor, unless otherwise requested.
• Please ensure you are happy with their Privacy Policies before we undertake work. You can read them here:
  • Campaign Monitor
  • MailChimp
• When we receive any data lists from you:
  • You confirm you have obtained all contact details legitimately and within the relevant laws of UK and your own country, if different.
  • We hold no responsibility for any issues or losses that may arise from your data lists.
• Previously supplied lists will remain stored within the chosen software provider’s database. This ensures:
  • Any previous recipients that have opted out / unsubscribed will no longer receive your emails.
  • Any potential duplicates and / or receiver preferences are maintained for future emails.
• Upon receipt of your data lists:
  • We will undertake an initial cleansing, which entails checking for duplications and incorrect addresses.
  • Where possible we will correct inaccuracies.
  • We may return the list to you for further checking, should we have any concerns.
  • We will then upload the list to the relevant email software, as detailed above.
  • At which point we will permanently delete all records of the data from our computers.
  • We do not hold any archives or past data lists on our computers.

Force majeure

• Down The Line Design will not be liable for failure to comply with any of its obligations under the contract in the event that compliance is delayed or prevented by cause whatsoever beyond its control including, but not limited to war, riot, strike, lock-out, act of god, storm, fire, earthquake, explosion, flood, confiscation, any act of terrorism, action of any government agency or shortage.

Publicity usage

• Down The Line Design will have the right to document, photograph or otherwise record all completed designs or installations completed on behalf of the client, and to reproduce, publish and display such documentation, photographs or records for the company’s promotional purposes,