The following Terms and Conditions of Service apply to all products and services provided by Brand Therapy™.
GENERAL
All work is carried out by Brand Therapy™ on the understanding that the client has agreed to Brand Therapy’s™ terms and conditions.
Project acceptance
At the time of proposal, Brand Therapy™ will provide the client with a written estimate or quotation. The terms and conditions can be read on the Brand Therapy website.
The client may send an official order in reply to the estimate or quotation, or an email acknowledging acceptance of the quotation, which binds the client to accept Brand Therapy’s™ terms and conditions.
No work on a project will commence until acceptance of the quotation has been received by Brand Therapy™.
Copyrights and Trademarks
By supplying text, images and other data to Brand Therapy™ for inclusion in the client’s website or other medium, 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.
Any artwork, images, or text supplied and/or designed by Brand Therapy™ on behalf of the client, will remain the property of Brand Therapy™ and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988.
The client may request in writing from Brand Therapy™ the necessary permission to use materials (for which Brand Therapy™ holds the copyright) in forms other than for which it was originally supplied, and Brand Therapy™ may, at its 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 Brand Therapy, the client grants Brand Therapy™ permission to use this material freely in the pursuit of the design.
Should Brand Therapy™ 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 Brand Therapy™ to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold Brand Therapy™ 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.
Alterations
The client 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. The client also agrees that Brand Therapy™ holds no responsibility for any amendments made by any third party before or after a design is published.
Licensing
Any design, copywriting, drawing, idea or code created for the client by Brand Therapy™, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Brand Therapy and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim – should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
Brand Therapy™ will not be held responsible for any and all damages resulting from such claims. Brand Therapy™ is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause.
The client agrees not to hold Brand Therapy™ responsible for any such loss or damage. Any claim against Brand Therapy™ shall be limited to the relevant fee(s) paid by the client.
Rights of refusal
Brand Therapy™ will not include in its designs, 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.
Brand Therapy™ also reserves the right to refuse to include submitted material without giving reason.
In the situation where any images and/or data that Brand Therapy™ does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the client is obliged to allow Brand Therapy™ to remove the contravention without hindrance, or penalty. Brand Therapy™ is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact or e-mail, however, following this, Brand Therapy™ will need formal notification in writing to the company’s postal address.
The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Brand Therapy™ within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Project duration
Any indication given by Brand Therapy™ of a project’s duration is to be considered by the client to be an estimate. Brand Therapy™ cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Brand Therapy for the initial payment or by date confirmed in writing by Brand Therapy.
Disclaimer
Brand Therapy™ makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Brand Therapy™ will not be held responsible for any and all damages resulting from products and/or services it supplies.
Brand Therapy™ is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of 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 Brand Therapy responsible for any such loss or damage. Any claim against Brand Therapy™ shall be limited to the relevant fee(s) paid by the client.
Brand Therapy™ reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their terms and conditions. Brand Therapy™ will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Brand Therapy™ and its clients agree to comply with printers’ terms and conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Brand Therapy™ recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Brand Therapy™, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at [website url].
An estimate validated by confirmation of approval to proceed with the project by the client by e-mail or in writing 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 signatory and Brand Therapy™.
General
Brand Therapy™ reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Communication
The representative of Brand Therapy™ can be reached by telephone from Monday to Friday between 9am and 5pm GMT. Skype chats are welcomed by appointment.
Delayed payment
If, after the project has commenced, subsequent invoices are not paid within 30 days, a 5 percent “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring 30 day period until the full amount has been received.
Cancellation
If after project commencement client communication (face-to-face, telephone, or email) stops for a period of 180 days, the project can be cancelled, in writing by Brand Therapy™, and ownership of all copyrights shall be retained by Brand Therapy™. A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion. The fee will not exceed 100 percent of the total project cost.