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th3 Unknown Terms and Conditions

1. Working with th3 Unknown -

Before work can begin on any job, th3 Unknown must receive a formal acceptance of the project and any design quotes submitted to the CLIENT.

A copy of the design quote is to be signed and dated by the CLIENT to indicate acceptance and should be returned to th3 Unknown. Alternatively, the CLIENT can send an email acknowledging acceptance of the quotation and terms and conditions. In some cases an official purchase order is also acceptable. No work on a job will begin until acceptance of the quotation or a signed copy of the terms and conditions has been received by th3 Unknown.

Once a formal acceptance of the job has been received the CLIENT will be required to pay a non-refundable deposit of 50% of the quoted fee. Work on the job will not begin until th3 Unknown has received this amount. By hiring the th3 Unknown the CLIENT is also acknowledging its terms and conditions.

2. The Design Quote -

The Design Quote is determined by the size and complexity of the job. The quote outlines the type of work to be carried out for the CLIENT and how much it will cost. To provide an accurate quote, the CLIENT needs to clearly state the requirements of the job and give as much information as possible. A typical design quote includes research and concept development time including the physical time it takes to design and layout a document and carry out minor amendments. Within the quote we also allow time for general project management/administration/client meetings, and the time involved in proofing the job.

Any additional requests for design work made once a job has begun will be quoted separately or added to the final invoice. Quotes are valid for 30 days. Unless otherwise agreed in the quote, all original design/artwork files digital or otherwise remain the sole property of th3 Unknown. If original artwork files digital or otherwise are required by the CLIENT a buy-out fee can be arranged.

Please note: Additional services such as print handling, art direction in regards to photography and models, sourcing stock imagery, copywriting services and purchase of typefaces will all be listed clearly within the quote.

3. Schedules and deadlines -

th3 Unknown must be made aware of any CLIENT deadlines from the outset so that we can schedule your work accordingly. th3 Unknown aims to be flexible as possible with requirements, but please respect that we may not always be able to drop everything, as we may be committed to another client. Please be aware that any delays or failure on the CLIENT’S part to meet deadlines in providing content or amendments may result in your job being rescheduled. If there are any potential delays that could prolong or hinder the completion of a job the CLIENT must make th3 Unknown aware before a job commences.

4. Project duration -

PAny indication given by th3 Unknown of a design project’s duration is to be considered by the CLIENT to be an estimation. th3 Unknown 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 th3 Unknown for the initial payment or by date confirmed in writing by th3 Unknown. Should a job encounter any prolonged delay in it’s completion for any reason, th3 Unknown reserves the right to invoice for any hours worked up to that point.

5. Alterations and corrections to design work -

The CLIENT agrees that any amendments and corrections to design work should be clearly labelled, ideally supplied in bullet-pointed format via email or suitable text file. Any handwritten amendments or notes need to be clear and legible for ease of reading. Amendments which require large amounts of text to be replaced should be supplied as a MS Word doc or in a format which is easy to copy and paste.

6. Major alterations -

The CLIENT agrees that any changes required over and above the quoted work or required to be carried out after acceptance of the chosen design concept will be liable to a separate charge. The CLIENT also agrees that th3 Unknown holds no responsibility for any amendments made by any third party, before or after a design is approved or signed off.

7. Final proof, sign off/approval -

By giving a ‘sign off’ to the final proof of a design the CLIENT acknowledges that the job is now complete and that you have checked all imagery and read all copy for spelling, grammar and correct information. This means the job is ready for production and the artwork files will be given to printers, yourselves or third parties. We will not amend a design in any way once we have received sign off. Please ensure you are completely happy with the final proof/design as any further changes beyond this point will be chargeable.

8. Design Project Completion & Approval -

th3 Unknown considers the design job complete upon CLIENT’S approval or ‘sign off’ via; email, verbal instruction, fax, validated Artwork Approval Form or any other means. An invoice will be issued at this point. Other services such as printing, display panel production, filmwork, website building or uploading, publishing etc. contracted on the CLIENT’S behalf constitute a separate project and will be treated as a separate charge as set out in the design or print quote.

9. Payment -

Once the quote has been agreed, we ask for either a formal purchase order for the full amount of the job, or a deposit, interim payment and balance upon completion, depending on the CLIENT or organisation. If we are handling print or art directing photography, we may also ask you for payment of these additional services in advance.

With exception to payments required in advance / incremental payments, our payment terms are 30 days. Any invoice not paid within 30 days of the invoice date is considered in default. Where services are provided over a prolonged period of more than 30 days th3 Unknown is entitled to invoice at monthly intervals for work and services completed, goods supplied, or costs incurred within that period .

Payments may be made by cash, cheque, BACS or (for overseas CLIENTS), Pound Sterling International Money Order or previously agreed electronic funds transfer. Publication and/or release of work done by th3 Unknown on behalf of the CLIENT, may not take place before cleared funds have been received.

10. Default -

An account shall be considered default if it remains unpaid for 14 days from the date of invoice, or following a returned cheque. Accounts in default will incur an extra charge of 2% per month of the outstanding amount. Returned cheques will incur an additional fee of £50 per returned cheque.

th3 Unknown reserve the right to refuse completion or delivery of work until past due balances are paid. All materials or property belonging to the CLIENT, may be retained as security until all just claims against the CLIENT are satisfied. th3 Unknown shall also be entitled to remove th3 Unknown’s and/or the CLIENT’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, design, artwork, illustration, domain registration, maintenance, sub-contractors, printers, photographers and imagery. Removal of such materials does not relieve the CLIENT of it’s obligation to pay the due amount.

CLIENTS whose accounts become default agree to pay th3 Unknown’s reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

11. Cancellation -

Cancellation of a design job may be made initially by telephone contact, or email, however, following this, th3 Unknown will need formal notification in writing to it’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 14 days.

PLEASE NOTE: Any cancellation which is not formally confirmed in writing and received by th3 Unknown within 14 days of such instruction being issued, will be liable for the full quoted cost of the project. If it becomes apparent that a job is unlikely to reach completion due to CLIENT financial difficulties or for any other reason, th3 Unknown reserves the right to cancel the project at it’s discretion and that all the hours of work carried out up to that point should be invoiced and fully paid for.

12. Design Credits -

For printed material, the CLIENT agrees to allow th3 Unknown to place a small credit, usually in the form of a small line of text or logo placed at the bottom of the page or back cover. For websites, the CLIENT also agrees to allow th3 Unknown to place a discreet link to th3 Unknown website at the bottom of the web page or within the footer. The CLIENT also agrees to allow th3 Unknown to place websites and other designs, along with a link to the CLIENT’S site on th3 Unknown’s website for demonstration purposes and to use any designs in its own publicity and portfolios.

13. Rights of Refusal -

th3 Unknown 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. th3 Unknown also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that th3 Unknown does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the CLIENT is obliged to allow th3 Unknown to remove the contravention without hindrance, or penalty. th3 Unknown is to be held in no way responsible for any such data being included.

14. Copyrights and Trademarks -

Unless otherwise agreed at briefing stage, all artwork produced remains the copyright of th3 Unknown. This excludes photography supplied or purchased and/or any branding images supplied or not produced by th3 Unknown. Copyright is retained by th3 Unknown on all design work, design concepts/ ideas including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of design concepts are presented, only one concept is deemed to be given by th3 Unknown as fulfilling the contract. All other design concepts remain the property of th3 Unknown, unless agreed in writing that this arrangement has been changed. By supplying text, images and other data to th3 Unknown.

By supplying text, images and other data to th3 Unknown for inclusion in the CLIENT’S artwork 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. The CLIENT is also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.

Should th3 Unknown or the CLIENT supply an image, text, data, 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 th3 Unknown to remove and/or replace the contravention without hindrance, or penalty. th3 Unknown is to be held in no way responsible for any such data being included. The CLIENT agrees to fully indemnify and hold th3 Unknown 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.

15. Data Formats -

Text is to be supplied to th3 Unknown in digital format as standard text (.txt), MS Word (.doc) via email or a downloadable link. Images which are supplied in a digital format are to be provided as prescribed by th3 Unknown via CD, DVD, or email/ download link. Images must be of a quality suitable for use without any subsequent image processing. th3 Unknown will not be held responsible for any image quality which the CLIENT later deems to be unacceptable. th3 Unknown cannot be held responsible for the quality of any images which the CLIENT wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, stock photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.

16. Transfer / Hand-over of files -

If any design/artwork files are required by The CLIENT these will be sent as an email attachment or download link using an appropriate file hosting service or cloud-based file transfer service. For large files which require the purchase of physical storage media (e.g. external hard-drives, USB sticks, CDs and DVDs The CLIENT will cover the cost. An additional admin fee maybe charged for the time spent transferring files onto physical storage media and postage and packing.

17. Disclaimer -

th3 Unknown makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. th3 Unknown will not be held responsible for any and all damages resulting from products and/or services it supplies. th3 Unknown 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 th3 Unknown responsible for any such loss or damage. Any claim against th3 Unknown shall be limited to the relevant fee(s) paid by the CLIENT.

th3 Unknown 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. th3 Unknown will not knowingly perform any actions to contravene these and the CLIENT also agrees to be so bound.

th3 Unknown 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. th3 Unknown 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.

18. General -

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. These Terms and Conditions are applicable to any subsequent jobs undertaken by th3 Unknown. th3 Unknown reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.