Terms & Conditions
My Terms & Conditions of Service
The following Terms and Conditions of Service apply to all services provided by the Designer (“JEMMA PENTNEY”). All services (“WORK”) is carried out by Jemma Pentney on the understanding that you (the “CLIENT”) has agreed to these Terms and Conditions.These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Jemma Pentney reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. These terms are freely available at http://www.jemmapentney.com/terms-conditions/ Please familiarise yourself with these Terms and Conditions before submitting any order. All work is carried out by Jemma Pentney on the understanding that the client has agreed to these Terms and Conditions.
Jemma Pentney agrees to produce the Work at the request of the Client for fees agreed upon in advance or by hourly rate, and delivery of the Work by an agreed-upon deadline.
The placement of an order for design and/or any other services offered by Jemma Pentney, or acceptance of an estimate must be sent in writing (email or letter). Alternatively, the Client may send an official purchase order in reply to the estimate. Either form of confirmation binds the Client to accept Jemma Pentney’s Terms and Conditions and it is deemed that a contract of business is in effect when asked to carry out any Work for the Client. No work on a project will commence until either confirmation has been received by Jemma Pentney.When not agreed in advance, services will be charged at an hourly rate.
New Clients will be required to pay 50% in advance (payable before project commences) and 50% upon completion of project, due within 14 days of invoice. A project will not commence until the deposit is paid and is cleared funds. You will be invoiced in advance for this.For all projects (inclusive of existing Clients), where an estimate is above £1000, 50% will be payable in advance and 50% upon completion.
If the parameters of the Work change, or if it involves more time than estimated, Jemma Pentney will inform the Client and they can renegotiate the Work’s cost.Upon acceptance of the Work, the Client accepts responsibility for any further processes in which this work is used (e.g. printing, etc.) Jemma Pentney is not responsible for errors occurring in this work or projects related to this work after approval and acceptance of the Work by the Client.The Client also agrees that Jemma Pentney holds no responsibility for any amendments made by any third party, before or after a design is published.
Final project payment is due within 14 days of date of invoice. Payments should be made by bank transfer. Payments made by cheque must be previously agreed and may be subject to an administration charge.
Jemma Pentney reserves the right to charge statutory interest under the late payment legislation on overdue balances.
Jemma Pentney is responsible for the payment of all government taxes with respect to the services she performs for the Client as an independent contractor.
Copyright and/or Trademarks
All artwork designs created by Jemma Pentney during a project are original.
Any artwork, words/text, pictures, ideas, images, visuals or illustrations supplied and/or designed by Jemma Pentney on behalf of the Client, will remain the property of Jemma Pentney and/or her suppliers until paid for in full. The Client may request in writing from Jemma Pentney, the necessary permission to use materials (for which Jemma Pentney holds the copyright) in forms other than for which it was originally supplied, and Jemma Pentney may, at her discretion, grant this.
By supplying artwork, words/text, pictures, ideas, images, visuals, illustrations or other data to Jemma Pentney for inclusion in the Client’s design or other medium, the Client declares that it holds the appropriate copyright and/or trademark permissions and grants Jemma Pentney permission to use this material freely in the pursuit of the design. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.
Should Jemma Pentney, or the Client supply an image, text, 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 Jemma Pentney to remove the file. The Client agrees to fully indemnify and hold Jemma Pentney 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.
The Client agrees to exercise due diligence in its direction to Jemma Pentney regarding preparation of materials. The Client is responsible for all trademark, copyright and patent infringement clearances and is responsible for arranging, prior to publication or project release, any necessary legal clearances, licenses, usage or royalty payments.
Due to the complexities of international copyright and trademark law, Jemma Pentney will not be held liable should the Client be found to be infringing on an already existing copyright, trademark or service mark relating to a project for the Client.
Exclusion of Liability
Under no circumstance shall Jemma Pentney be liable for losses or damages your business may suffer; whether indirect or
consequential loss including loss of profits, damage to property or wasted expenditure. Without prejudice to the other provisions of these conditions, Jemma Pentney’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 Jemma Pentney and the Client are as written in these Terms and Conditions.
Jemma Pentney makes no warranties of any kind, expressed or implied for services she provides.
Errors and Omissions
It is the Client’s responsibility to check proofs carefully for accuracy in all respects including but not limited to prices, spelling, and dimensions. Jemma Pentney is not liable for errors or omissions. The Client’s written approval of an artwork proof, will be taken as confirmation that the project is correct and complete.
Jemma Pentney acknowledges that she may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Jemma Pentney agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Jemma Pentney before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Jemma Pentney can display materials and final work created for Client on Jemma Pentney’s website (http://www.jemmapentney.com). If necessary, agency work will be referenced as so.
Withdrawal of Services & Termination of Contract
Both parties understand that Jemma Pentney or the Client may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written cancellation, the Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Jemma Pentney. In the event of cancellation, Jemma Pentney retains ownership of all copyrights and original work created.
Under normal contractual service circumstances, Jemma Pentney provides no warranty or accepts any liability for any data either lost or damaged which is stored on any of Jemma Pentney’s or Client’s equipment. It is the responsibility of the Client to keep security copies of information. Jemma Pentney is not responsible for backing up your data and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Jemma Pentney cannot guarantee to be able to replace lost data.
Jemma Pentney will not be responsible for any damages your business may suffer. Jemma Pentney makes no warranties of any kind, expressed or implied for services we provide. Jemma Pentney does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Jemma Pentney cannot guarantee to be able to replace lost data. Jemma Pentney disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Jemma Pentney. Jemma Pentney reserves the right to revise its policies, Terms and Conditions at any time.
Acceptance of Terms
By signing the supplied contract or a supplied estimate, the Client agrees that they have read, understood, and are considered legally bound to these terms.