Terms & Conditions

Definitions

"The Client" shall be defined as the person or company with whom goods and services are to be supplied to.

The following terms and conditions apply to all services offered by URBAN8 Design. By ordering services from URBAN8 Design you are agreeing to the following terms and conditions:

General
  1. URBAN8 Design reserves the right to refuse to construct a piece of work which may be judged as unfit due to content or otherwise. This includes, but is not limited by, work containing adult oriented material such as pornography, work which promotes hatred towards persons belonging to any ethnic group, religion or sexual orientation and work which infringes copyright or are contrary to U.K. laws.

  2. The acceptance of a commission shall be deemed as a contractual agreement between the client and URBAN8 Design where agreement is provided either by email, telephone, mail or fax.

  3. URBAN8 Design cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence.

  4. The client agrees to make available as soon as is reasonably possible to URBAN8 Design all materials required to complete the work to the agreed standard and within the set deadline.

  5. All material, both text and images, supplied by the client and used in the construction of the client’s work, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.

  6. URBAN8 Design will hold and maintain in strict confidence any confidential information that you provide (such as proprietary technical or business information), and will not disclose such information to any third party except as may be required by a court or governmental authority.

Payment
  1. A non-refundable deposit of 40% (unless stated on quote documents) is required with any standard project before any design work will be carried out.

  2. Full payment is required before any final design(s) will be supplied to the client, or made available online.

  3. Once the work has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the work. As they have commissioned the work they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for the work, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered.

  4. URBAN8 Design agrees that the fee the client owes will cover in full all of the work listed in the initial quote. The client agrees that if asked to make changes or do other work for the client that is not covered in the original quote, an hourly rate of £45 per hour will be applied to this work and this payment will be in addition to all other amounts owed by the client. The client also agrees that if they ask URBAN8 Design to do work outside the scope of the initial quote, extra time will be required to complete the final files for the design(s).

  5. Any payment returned by the bank or credit card company will incur a £45.00 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the client.

  6. URBAN8 Design reserves the right to alter prices at any time without notice. If a client has commissioned any services from URBAN8 Design prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.

  7. Any quoted prices are excluding VAT at the current rate.
Copyright
  1. The client understands and agrees that until payment is made in full, URBAN8 Design own full rights to each and every original design created for the client. If the client does not pay in full, the client agrees that URBAN8 Design can complete, exhibit, use and sell the design(s) at its sole and absolute discretion. The client also agrees that URBAN8 Design own all of the concepts created before the client select the final design(s).

  2. URBAN8 Design agrees that after the client pays in full, the client may make any changes or additions to the design(s) URBAN8 Design creates for the client, which the client in its discretion may consider necessary, and the client may engage others to make any such changes or additions, without further payments to URBAN8 Design. The client agrees that if asked to make changes or additions to the design(s) after the client approves the final files, the client and URBAN8 Design will negotiate a separate additional payment for time to make such changes.

  3. If the work URBAN8 Design creates for the client includes the design of a logo, URBAN8 Design gives the client the full rights to use the logo design URBAN8 Design creates in any and all media without restrictions of any kind. Additionally, URBAN8 Design agrees that after the client pays in full, URBAN8 Design will cooperate with the client and execute any additional documents reasonably requested by you to evidence such assignment of rights.

  4. For any non-logo design(s) that URBAN8 Design creates for the client, URBAN8 Design gives you the following rights: To print, publish or distribute the final design(s) in the format as supplied by URBAN8 Design only. The client shall not be allowed to re-create new artwork, or engage others to re-create alternative formats using the design(s) supplied by URBAN8 Design without the written permission of URBAN8 Design. The client agrees that they are not permitted to resell design(s) supplied by URBAN8 Design to a third party. If the client wishes to purchase a right that’s not listed in this paragraph, the client and URBAN8 Design will negotiate a separate license for such additional rights, and the client will pay a separate fee.
Liability
  1. URBAN8 Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

  2. If, during the development, the client does not supply the content required in order to complete the commission within a reasonable amount of time, URBAN8 Design will consider that the client wishes to cancel the commission.

  3. URBAN8 Design reserve the right to withdraw its services and cancel any contracts with the client at any given time. The company shall issue notice of such action in writing.
Websites
  1. URBAN8 Design makes every effort to design web pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been created. URBAN8 Design reserves the right to quote for work involved in updating clients website/website code for it to work with updated internet browsers.

  2. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, URBAN8 Design cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.

  3. URBAN8 Design will initially place the client’s website on one of the URBAN8 Design demonstration servers in order that the client may view and comment upon the website’s progress. When both URBAN8 Design and the client agree that the website meets the criteria agreed during the commissioning process, URBAN8 Design will invoice the client for the full amount due for the commission. On receipt of payment, URBAN8 Design will publish the website on the client’s server (unless URBAN8 Design is hosting), or provide the source code for the site via a download (or CD-ROM disc) for the client to upload.

  4. URBAN8 Design does not undertake to maintain or update a client’s website as part of the design commission. If a client wishes URBAN8 Design to maintain or update a web site as a separate commission, URBAN8 Design will negotiate with the client a maintenance contract appropriate to the amount of work required. Website maintenance may also be undertaken on a time and materials basis if the client so wishes.

  5. URBAN8 Design cannot accept responsibiity for any modifications to clients websites by a third party once code has been uploaded to live servers.
Miscellaneous
  1. The client agrees that URBAN8 Design is an independent contractor and not an employee of the client. Although the client will provide general direction to URBAN8 Design, URBAN8 Design will determine, in its sole discretion, the manner and ways in which URBAN8 Design creates the design(s) for the client. The work that URBAN8 Design creates for the client under this agreement will not be deemed a "work-for-hire".

  2. URBAN8 Design reserves the right to change or modify any of the terms and conditions.