K Hoste Designs Standard Terms and Conditions of Business
In accepting our ‘Quotation’ ’Activity Breakdown’, ‘Proposal’, ‘Schedule’ or ‘Estimate’ and thus commissioning work from K Hoste Designs, you (the client or commissioning body) will be subject to the terms and conditions set out below:
i. K Hoste Designs always operates in “good faith” and will not knowingly undertake any work which we consider to be illegal, a breach of copyright, indecent or defamatory; however, we cannot be held responsible if work produced by us, under your direction that is adjudged as such in any part of the world. Responsibility for obtaining consents and/or rights relating to trademarks, names, people or copyright material remains with you and is at your sole risk. You therefore agree to indemnify K Hoste Designs against any loss, damage, costs or proceedings relating thereto.
ii. K Hoste Designs reserves the right to withdraw its services if it finds that any commissioned work breaches any law, copyright or may be perceived as indecent or defamatory. In this instance you will be required to pay 100% of the quoted fee and our payment terms apply.
iii. Under the current copyright laws of England and Wales the copyright of all commissioned material (words, phrases, images, IP and layouts) produced for you, is retained by K Hoste Designs*; however, copyright assignment may be made on a project-by-project basis.
iv. Once full payment has been received, K Hoste Designs grants you permission to use the commissioned material for free in the web site or publication for which it was commissioned. These rights may not be assigned, transferred or loaned to any other third party.
v. Unless by prior agreement, K Hoste Designs must be informed of new uses of commissioned material, e.g. if copy written for a website is then used in a different web site, print or paid advertising. These further uses attract a charge based on a percentage of the commissioned work’s original fee.
vi. K Hoste Designs will make every effort to ensure that your work is kept confidential together with any associated documents. We respect your business and will not divulge confidential information unless requested by law or we have written consent from you.
vii. K Hoste Designs will take all reasonable measures and endeavour to complete your work in a professional and timely fashion, producing a project plan and quote based on the project proposal. We do, however, reserve the right to amend the fees should the work take longer than anticipated or your needs change. We expect you to provide any information we require to enable us to undertake your commission to the best of our ability in a timely manner; this also applies to the review of any first and subsequent drafts. Any lack of contact or failure to respond to drafts or requests for approval after 60 days will trigger an invoice from us for 100% of our quoted fee and our payment terms will apply.
viii. On project-related journeys, mileage expenses incurred will be charged at a rate specified in the quotation or proposal, plus VAT per mile. If no rate is specified it is deemed to be 50 pence per mile.
ix. For any invoice left unpaid outside our terms of trading (14 days net) we reserve the right to make a statutory interest charge of 8% over Base Rate* charged per month compound. *Bank Of England
x. Every effort will be made by K Hoste Designs to ensure that any material produced is error free. At the point of agreed completion (or “sign off”) of commissioned work between K Hoste Designs and you, and prior to further delivery to a third party (printer/web developer), you become responsible for any errors or omissions contained within said work. Any costs incurred by changes made after “sign off” will be charged for. We will inform you of any cost implications of any changes after “sign off” before these costs are incurred.
xi. K Hoste Designs payment terms are laid out in the project plan/proposal document agreed with you, the client, at engagement; however, these may be subject to change by prior agreement. Except in the case of a reasonable and fair dispute, legal action will be taken against clients who fail to settle their invoice in full within 30 days of invoice date. Please note: if any invoice(s) for commissioned work from us on a live website, is/are not paid for within 30 days of invoice date, we reserve the right to remove said work and/or take offline (close) the website, regardless of any prepaid hosting costs.
xv. In accepting our Quotation, produced specifically for your project by K Hoste Designs, you are agreeing to adhere to the invoice points held therein.
xvi. For any and all future projects subsequent, but not necessarily directly related, to a quotation or proposal signed off by you and undertaken by K Hoste Designs, and where no new K Hoste Designs terms and conditions of service have been presented and/or signed by you, you agree to abide by these terms and conditions.
xvii. Any emails and digitally transferred files are confidential, © K Hoste Designs and intended solely for the use of the individual or entity to which they are addressed. Emails’ contents may not be copied, altered or disclosed. K Hoste Designs accepts no responsibility for loss or damage howsoever arising from an email’s use, including from a virus.
*For further information on current copyright law in England and Wales please visit www.ipo.gov.uk/whatis/whatis-copy