Instadesign Terms & Conditions

Definitions

The Client: The company or individual requesting the services of Instadesign.

Instadesign: Primary designer/site owner and employees & affiliates.

General

By placing an order of work with Instadesign, either by purchasing a product or service online, accepting a quote or invoice, entering into a contract, or requesting our services verbally or in writing, the Client confirms that they have read and are in agreement with, and bound by, all of these terms & conditions.

Contracts & Agreements

Instadesign will carry out work only where an agreement or contract is provided either by email, telephone, mail or fax. Instadesign will carry out work only for Clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Instadesign and the Client, this includes telephone and email agreements.

Briefing

We strongly encourage the use of the Design Brief Form, available online and in hard copy, to ensure the design process gets off to a good start and we have the best possible understanding of what is required. Failure to fill in the form may result in inferior work and may make it impossible to cap the price of a project at the quoted/estimated/invoiced price. The brief form is designed to give both parties clear parameters for the work which can then be discussed further. If the form is filled in but the Client then deviates from what is set out in the brief, additional costs may be incurred. If the Client has their own briefing procedure resulting in a clear and concise brief, this may or may not be accepted as a final brief, and may be transcribed to fit Instadesign’s brief format. Brief guidelines are available online, via email or in hard copy, which may assist you in writing a good brief.

Contacting Instadesign

Instadesign’s office hours are 9.00am – 5.30pm, Monday to Friday. Telephone calls received out of hours will be diverted to our answering machine and dealt with on the next working day. Where staff mobile telephone numbers are provided, we ask that you exercise discretion when calling out of hours and only call in emergencies, as in some cases these are also the staff’s personal telephones. We appreciate your understanding.

In order to deal more effectively with your queries, we ask that you put any questions to us in writing using our quick contact form at the bottom of this page or on our Contact page. This system allows us to respond to you as efficiently as possible. Alternatively if you need to speak to someone you may call on 08432 898849 or search for InstadesignUK on Skype.

Provision of Materials

The Client agrees to provide us with the specific copy, images and information we require in order to create your product, or to advise us as to where we can locate such materials. Instadesign reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial. We accept no responsibility for your project not being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from the Client. If the Client cannot supply the information they wish to feature in a product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present in the final product, as these may arise through our lack of specialist knowledge regarding the content of your product. 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 to you at our standard rate. We accept no responsibility for the delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials. This does not apply if the additional cost could have been avoided but for unreasonable delay on the part of Instadesign in ascertaining the unsuitability of the materials with which you provide us. 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.

The Client is expected to finalise any written work before submitting it for incorporation into artwork. Instadesign reserves the right to charge extra for the implementation of any alterations or different versions of text provided by the Client after the design process has begun, even if the Client believes that the changes should not take long to implement. This amount is at Instadesign’s discretion, and may vary from project to project depending on a range of variables.

Proofing

Instadesign can offer a copy proofing service for large bodies of text which guarantees no spelling, capitalisation, punctuation, formatting or consistency mistakes, however no guarantees can be made regarding syntax, general grammar, intended meaning or readability, as these can be subjective. We pride ourselves on attention to detail and if we spot an obvious error will correct it, but if the proofing service is not paid for, Instadesign offers no guarantee that printed materials will be error free, and can accept no liability for damages or costs incurred due to errors. In either case, the Client is expected to proof final artwork before printing goes ahead. Once a proof is approved Instadesign is absolved of all liability for any errors, omissions or discrepancies which may be present on the proof. Once the final proof if supplied, the Client is not able to make any changes to the final product, nor are they able to hold Instadesign responsible for anything they are unhappy with. Our standard Terms & Conditions revoke the Client’s right to take any kind of action against Instadesign for any aspect of the work with which they are later dissatisfied.

As long as the finished product fits the brief and is as discussed at the start, and consistent with the proof if supplied, the Client must pay in full for the work. This fact applies whether or not the Client later takes issue with any aspect of the product. These terms are final and nonnegotiable. With printed materials  the Client may be required to approve a further printed proof by the printing company used, in accordance with their Terms & Conditions.

Making Changes After Proof Stage

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.

Printing

Print Handling

Instadesign may offer to manage the process of printing materials pertaining to projects with printed deliverables, but are not obliged to. All print work is outsourced, so usually if there are any serious problems with final printed materials the job will be re-printed by the printing company at no extra cost to Instadesign or the Client, however Instadesign cannot guarantee this and cannot accept any liability for problems with the printing process, and if extra costs are charged by the printing company, Instadesign reserves the right not to absorb these but to pass them on either partially or in full to the Client. This is at our discretion and we may enter into discussion on the matter with the Client to arrive at a reasonable and amicable solution wherever possible.

If you would like Instadesign to handle the printing of your final materials, a print handling fee, applicable per item, will be payable. In most cases this is the only fee that will be charged in addition to the cost of printing. However, in exceptional cases, (for example where something in an unusual format is to be printed or produced – an unusual shape, or printing on to unusual materials or objects), the print handling fee may be increased to cover the extra time needed to liaise with printers to ensure the best possible result, and/or a markup may be added to printing costs. This is entirely at Instadesign’s discretion.

Print Quality

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, Instadesign cannot promise an exact match in colour or texture between any materials with which you supply us, and the printed article. (In fact we would advise you that, due to differing screen calibrations, colours reproduced in print as compared to a digital on-screen proof are always going to be slightly but visibly different). Any other problems with final print materials delivered to the Client, (such as damage in transit, delays, or problems with finishing such as stapling or folding), must be taken up with the printing company as they are outside of Instadesign’s control and we would be unable to do anything to rectify them. Whether Instadesign liaises with the printers on the Client’s behalf or advises the Client to contact the printers directly is at our discretion.

Website Design

Disclaimer

Whilst every endeavour will be made to ensure that a website and any scripts or programs are free of errors, Instadesign cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it. Websites, graphics and any programming code remain the property of Instadesign until all outstanding accounts are paid in full. Any scripts, applications, or software (unless specifically agreed) written by Instadesign remain the copyright of Instadesign and may only be commercially reproduced or resold with the permission of Instadesign.

Instadesign will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Instadesign will not be liable or become involved in any disputes between the website owner and their customers and cannot be held responsible for any wrongdoing on the part of a site owner. e.g. Any disputes re content/images that have been provided to us for inclusion on the site.

Instadesign will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Client or any of the Clients appointed agents.

Instadesign will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

In no event shall Instadesign be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a Client website or from any information, products and services provided through Client sites, even if this website has been advised of the possibility of such damages.

•  In the absence of any negligence or other breach of duty by us, your use of our Client websites is entirely at your own risk.

•  If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.

•  We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.

Instadesign reserve the right to add a hyperlink pointing to https://new.instadesign.co.uk/ to any Client website unless specifically agreed otherwise. The Client may negotiate an additional fee for the removal of the link, however the final decision on this remains at Instadesign’s discretion.

The Design & Build Process

A nonrefundable deposit of 50% is required with all of our projects before any design work will be carried out. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. If the Client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Nonpayment will result in legal action being taken if necessary. In certain circumstances a ‘kill fee’ may be agreed upon, usually 50% of the outstanding balance. Once full payment is received for a website, it is assumed that the project has been completed to the Client’s satisfaction. Any issues or problems should be raised during the design and build process, as no refunds can be offered once work has been completed and full payment is received.

The Client agrees to make available as soon as is reasonably possible to Instadesign all materials required to complete the site to the agreed standard and within the set deadline.

Additions

Any coding additions to website briefs provided will be carried out at the discretion of Instadesign and may carry an additional cost. Where no charge is made by Instadesign for such additions, Instadesign accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

Database, Application and E-Commerce Development

Instadesign cannot take responsibility for any losses incurred by the use of any software created for the Client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the Client in ensuring that all software is functioning correctly before use. Any scripts, applications or software (unless specifically agreed) written by Instadesign remain the copyright of Instadesign and may only be commercially reproduced or resold with the permission of Instadesign.

Where applications or sites are developed on servers not recommended by Instadesign, the Client is expected to provide or seek any information,additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the Client’s responsibility to provide a suitable testing environment which is identical to the final production environment.

The Client is expected to test fully any application or programming relating to a site developed by Instadesign before being made generally available for use.

Where bugs, errors or other issues are found after the site is live, Instadesign will endeavour (but are not obliged) to correct these issues to meet the standards of function outlined in the brief.

Compatibility

Instadesign will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Google Chrome and to an acceptable level with other major browsers, such as Firefox, Microsoft Internet Explorer and Safari as well as mobile/smartphone versions of these browsers. No attempt will be made to ensure compatibility with obscure and little-used browsers that make up less than 1% of the market share. Instadesign can offer no guarantees of correct function with all browser software as they constantly change.

Website Hosting

No guarantees can be made as to the availability or interruption of this service and Instadesign 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. Instadesign reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any web hosting service we provide for Clients should the necessity arise.

Search Engine Optimisation

We use ‘white hat’ techniques when optimising websites and always aim to achieve a top ten ranking for given keywords within six months of undertaking the optimisation process, however, due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimising websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites. Due to the work involved, payment is generally required in advance and we are unable to offer a refund of any monies to Clients in relation to this type of work.

Pricing and Payments

Work may be charged at an agreed price for a project, subject to these terms and conditions, or at an hourly rate (usually £60, but this may vary), unless a different rate is agreed upon verbally or in writing by both parties.

Capped Prices

Capped prices are generally  dependant on adherence to specified parameters, however Instadesign hereby reserves the right to cease work on capped price projects and/or request additional payments if deemed necessary for any reason. These terms & conditions apply to capped price work and any deviation from any of these terms may result in additional charges.

Deposits

A non-refundable deposit of 50% is generally required from any new Client before any work is carried out unless otherwise agreed either verbally or in writing. It is Instadesign’s policy that any outstanding accounts for work carried out by Instadesign or its affiliates are required to be paid in full, no later than 30 days from the final sign-off date or of the final invoice unless by prior arrangement with Instadesign. Existing customers agree to adhere to the terms stated on the invoice. Once a deposit is paid and work is completed the Client is obliged to pay the balance of payment in full.

Nonpayment

We will contact Clients via email and telephone to remind them of payments if they are not received when due. If accounts are not settled or Instadesign have not been contacted regarding the delay, access to related website(s) may be denied and web pages removed, printed materials may be held, and accounts may be suspended or permanently canceled meaning the Client may no longer commission Instadesign to carry out any work, either until balances are paid, or indefinitely.

Following consistent nonpayment of an invoice, a debt collection agency will contact the Client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons. Nonpayment can result in county court judgements (CCJ’s) being added to the Client’s credit rating.

Copyright

The copyright in the material contained in any work carried out for Clients belongs to Instadesign, with the exception of any existing logos, artwork or photography provided by the Client, unless specifically agreed verbally or in writing. Instadesign may charge an additional fee for transfer of copyright if necessary, allowing materials produced to be used in future by third parties.

Instadesign cannot take responsibility for any copyright infringements caused by materials submitted by the Client or used by the Client in the future on their website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Privacy

By agreeing to these Terms & Conditions you agree to be contacted by Instadesign by email, telephone, post, social media or any medium which may become available to us in future, regarding not only work and accounts but also offers, promotions, surveys and news. You also agree that Instadesign may include any part of your project(s), or your whole project(s), in our portfolios both in print and online. If you do not wish your project(s) to be featured in this way, you may request this verbally or in writing.

We will never share or sell any of your contact details, other than those which may appear on any visible outcomes of any part of your project(s), with third party companies, without your express permission.  You may opt out of receiving any, or all, list-based email communications from us by following the unsubscribe instructions provided in emails we send.

Complaints Procedure

Informal Complaints Procedure

Anyone who experiences a problem with the service provided by Instadesign should raise the matter directly with us, preferably using our online contact form, or by email or post if this is not possible, giving sufficient information to locate the material in question, and clearly outlining the grounds for complaint. Instadesign will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant, and endeavour to do so within ten working days.

Formal Complaints Procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Instadesign, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.