Terms & Conditions of Business

The following Terms and Conditions of Service apply to all products and services provided by FK Designs (Frankie Meek).

All work is carried out by FK Designs is done so on the understanding that the client has agreed to the Terms and Conditions as set out below.

Project Acceptance
At the time of estimation, FK Designs will provide the customer with a written estimate or quotation.

By accepting the estimate or quotation the customer is agreeing to the Terms & Conditions set out herein.

Provision of Materials
You agree to provide us with the specific copy, images and information we require in order to complete the work, or to advise us as to where we can locate such materials. We accept no responsibility for your work not being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you.

If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged at our standard rate. We accept no responsibility for the delay caused in providing you with the final work as a result of you supplying us with insufficient or unsuitable materials.

Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.

PRINT SERVICES

Print Proof Agreement
If FK Designs has provided you with a proof (via pdf), your acceptance of this agreement confirms that you agree to the design and contents of the printed document as depicted on the proof. By accepting this agreement, you absolve FK Designs of all liability for any errors, omissions or discrepancies which may be present on the proof. Once you have signed off this agreement (by email) and proof if supplied, you are not able to make any changes to the final product, nor are you able to hold FK Designs responsible for anything you are unhappy with. This contract revokes your right to take any kind of action against FK Designs for any aspect of the work with which you are later dissatisfied. As long as the finished product is consistent with the proof supplied, you must pay in full for the work. These terms are final and non-negotiable.

Making Changes After Proof Stage (Print Only)

If a change is requested, we will do everything we can to make the correction before the printing starts, but we cannot guarantee this. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability (see “Proof Agreement” above). Once the proof is signed off or agreed, whether verbally or via email, we incur charged and this is passed on to you as part of the total charge.

Print Quality (Print Only)
Every effort will be made to obtain the best possible colour reproduction on customer’s work but because of the nature of the processes involved, FK Designs cannot guarantee an exact match in colour or texture between any materials that you may have supplied us, and the printed article.

Quantity Supplied (Print Only)
Every effort is made to produce the exact quantity of items ordered. However, some variation is inherent in the print process and so you accept that minor variations in quantity are possible. These do not affect the price charged.

Claims (Print Only)
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to FK Designs within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to FK Designs and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to FK Designs within 28 days of delivery. FK Designs shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.

Standing Material (Print Only)All materials (including but not limited to film, plates, negatives and positives) produced and used by FK Designs during the production process remain the property of FK Designs. Where these materials are provided by the client, they remain the property of the client. FK Designs reserves the right to dispose of lithographic work immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged for the safe-keeping of the materials.

Payment Terms (Print)
New customers agree to pay a deposit of 50% of the final bill upon ordering, and to pay the outstanding balance on delivery of the completed work. Existing customers agree to adhere to the terms stated on the invoice. All deposit payments are non-refundable.

ONLINE SERVICES

Website Updates & Site Maintenance
These are charged at our standard rate per hour (or part thereof). If you want to introduce new material in the form of extra pages, additional functions, or more information than is already available on your site, this must be paid for as a new job or hours taken from a prepaid package if you have this account with us.

Hosting & Email Accounts Hosting
Hosting for websites is charged from £110 per year. No clients or third parties will be granted FTP (File Transfer Protocol) access to our servers or any of our affiliates. One pop email account is provided, all additional email addresses will be forwarded to this or another email address which must be provided by the client.

FK Designs take no responsibility for any loss of business through non retrieval of emails, bounced messages or undelivered electronic mail. FK Designs take no responsibility for the content of emails including attachments and viruses.

Whilst FK Designs offers to host websites via third party hosting providers, no guarantees can be made as to the availability or interruption of this service by FK Designs cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Cancellation of any website will result in the withdrawal of the hosting package after 48 hours. All hosting packages are non-refundable. Should the client request that a domain name purchased by FK Designs on their behalf be transferred to another host, a release fee of £50 will be charged. Website hosting will be renewed automatically as part of the initial contract, but a notice period of not less than 14 days will be given at the time invoicing. Clients must cancel their renewal in writing within this notice period, otherwise all charges will become payable and cancellation will NOT be accepted after this date, as monies will have been paid by FK Designs on the client’s behalf.

Domain Names
Domain name of the client’s choice (subject to availability) can be provided as part of our hosting package by FK Designs. This cannot be a domain name already registered with another provider, but must be an additional one in such cases. Delay in websites going live because of administrative issues will not result in a delay in the site going live on the domain name that we have purchased on your behalf.  Once the site is live on the domain name, all outstanding payment is due. It is not FK Designs responsibility if there is a delay in the transfer of a domain name held with another provider, and this will not be accepted as a reason to delay payment in full of all outstanding monies.

Website Future Support
The website is provided to and accepted by the client as a fully functioning, completed work; when the final payment is settled.
Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website and FK Designs will endeavour to protect it from this as much as we can during its creation. However, we cannot be held responsible for problems that develop on completed sites as a result of illegal activity.
FK Designs cannot also be held responsible for any downtime your website may incur due to technical server issues or for any contact forms that do not pass through from your website to your email facility.

Systems
Any systems, including eCommerce, bespoke systems and Content Management Systems (CMS), provided to the client remain the intellectual property of FK Designs and as such no access is given to the source code or database. Systems cannot be transferred away from our provided hosting solution

E-commerce/CMS
E-commerce/CMS systems will be provided as an empty shop/site, and training will be given to the client(s) on using the system. A delay in the client populating the e-shop/site will not be accepted as a reason for delayed payment as, once it is ready to be populated and training has been given, FK Designs job is done. FK Designs offers a service to populate the client’s shop site/CMS on their behalf, and prices are available on request for this service. Additional training and support packages are available, and again the prices for these services are available on request.

We design websites in accordance with your specification. It is your responsibility to ensure that the website and its content comply with standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues exist we recommend that the client takes legal advice from their company lawyer.

Warranty
FK Designs guarantees all of its websites/bespoke software solutions provided to clients insofar as any faults or bugs will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time. Any software provided by FK Designs proving to be faulty or defective will be repaired/replaced free of charge to the working standard equivalent to launch.

The Buyer acknowledges that it is the Buyer’s responsibility to ensure that the facilities and functions of the Licensed Materials meet the Buyer’s requirements.

If a problem is found upon investigation not to be FK Designs responsibility, FK Designs may charge the Buyer immediately for all reasonable costs and expenses incurred by FK Designs in the course of or in consequence of such investigation.

Website Approval
Once a client has agreed the look and feel proof for the website and instructed FK Designs to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate.

Once a complete website, or changes to a website are made live on the website on the clients instruction, it is deemed that the site and/or the content of the site have been approved and the work is therefore completed.
Clients have a period of 14 days in which to revert back any further changes and corrections after which FK Designs reserve the right to make additional charges for further work.

Exceptions (Web)
We accept that certain details regarding your business, such as telephone numbers and email addresses, sometimes change, and that the details placed in a proof are liable to change. To this end we will amend smaller details such as these as part of our hosting package. This policy applies throughout your contract with FK Designs: Larger changes, such as the creation of a new page or introduction of a new feature on your site, or the sourcing / changing of images are not covered by this policy and must be paid for.

GENERAL

Copyright
Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to FK Designs.

If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnify FK Designs from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.

Estimates
All estimates for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.
Illegal Matter

FK Designs reserves the right not to print any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.

Consequential Loss
FK Designs accept no liability whatsoever for consequential or third party losses, resulting from a delay in delivery or loss in service provided by FK Designs howsoever caused.

Financial Loss
FK Designs accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by FK Designs.

Force Majeure
FK Designs accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

Liability
FK Designs shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond FK Designs control.

Price Breakdown
The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself.
Jobs Put On Hold or Cancelled by the Client
Jobs put on hold or cancelled by the client during production will be invoiced at our full hourly rate based on the number of hours worked and our outlay on materials. This applies irrespective of any package agreements which have been signed, as package discounts only apply if a job is brought to completion. The invoice we issue must be paid in full.

Credit Terms
For invoices not settled within the agreed credit terms of 14 days from invoice date, we reserve the right to charge interest on the overdue debt at 2% above the Barclays base rate at the time and an administration fee to cover the debt recovery costs.

Insolvency
Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being, a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, FK Designs, without prejudice to other remedies, shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.

Data Protection
FK Designs agrees to keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act.