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Hamlin Design - TERMS AND CONDITIONS

The following Terms and Conditions of Service apply to all products and services provided by Hamlin Design.

All work is carried out by Hamlin Design on the understanding that the client has agreed to Hamlin Designs terms and conditions.
THESE TERMS ARE SUBJECT TO CHANGE BY HAMLIN DESIGN AT ANY TIME AT OUR DISCRETION.

All design and artwork initiated by Hamlin Design is protected by copyright law.

Copyright is retained by Hamlin Design on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. Hamlin Design reserves its right in all circumstances to use selected work produced to promote Hamlin Design unless by prior agreement.

If a choice of design is presented, only one solution is deemed to be given by Hamlin Design as fulfilling the contract. All other designs remain the property of Hamlin Design, unless agreed in writing that this arrangement has been changed.

Project acceptance

At the time of proposal, Hamlin Design will provide the customer with either a verbal, written or emailed estimate or quotation. The Terms and Conditions can be read on Hamlin Designs website. The client must send an official order or an instruction to proceed either by post or email in reply to the estimate or quotation which binds the client to accept Hamlin Design terms and conditions. No work on a project will commence until either document has been received by Hamlin Design.

Design charges

Charges for design services to be provided by Hamlin Design will be set out as a written or emailed estimate or quotation to the customer. Charges are based on hourly rate and estimated time for project completion.

Payment

Hamlin Design payment terms are currently set at 7 days. Hamlin Design may change payment terms without prior notice, however we will endeavour to give sufficient notice of changes.

Payments may be made by cheque but direct payment via electronic transfer is preferred.

Reminders will be send out 15 days after the invoice has been sent, if payment is not received by 31 days a second reminder will be send out stating if no communication is received late payment fees may be charged.

If no communication is received regarding when payment will be made, accounts which remain outstanding for 37 days after the date on the invoice will incur an extra charge of 5% of the total amount per month.

Default

An account shall be considered default if it remains unpaid for 31 day’s from the date on the invoice, or following a returned cheque. Hamlin Design shall be considered entitled to remove Hamlin Design and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, 3d modelling, photo montages, animations, designs, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Hamlin Design reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and trademarks

By supplying text, images and other data to Hamlin Design for inclusion in the customer’s images or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by Hamlin Design on behalf of the customer, will remain the property of Hamlin Design and/or it’s suppliers. The customer may request in writing from Hamlin Design, the necessary permission to use materials (for which Hamlin Design holds the copyright) in forms other than for which it was originally supplied, and Hamlin Design may, at it’s discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. By supplying images, text, or any other data to Hamlin Design, the customer grants Hamlin Design permission to use this material freely in the pursuit of the design. Should Hamlin Design, or the customer supply an image, text, audio clip or any other file for use in a 3d images, 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 customer will agree to allow Hamlin Design to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Hamlin Design free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Design Development

Once a client has agreed a look & feel proof or prototype & instructed Hamlin Design to proceed to develop/build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate.

Alterations

The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge based on hourly rate and time incurred. The customer also agrees that Hamlin Design holds no responsibility for any amendments made by any third party, before or after a design is published or manufactured.

Jobs Put On Hold or Cancelled by the Client during production will be invoiced at current stage & materials. This invoice must be paid in full together with any VAT that falls due accordingly. Projects put on hold for an indefinite amount of time maybe subject to charges.

Under no circumstances will Hamlin Design provide our original files to our clients unless itemised in the original quote. Original design files, including electronic files, 3d cad files, 2d technical files, hard copy files and print presses are the sole property of Hamlin Design.

Liability

Hamlin Design shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond the control of Hamlin Design or caused by inaccurate or late information.