me & alan terms and conditions
Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by me & alan Ltd (hereinafter referred to as me & alan) and in the event of any dispute are governed by the laws of England.
All work is carried out by me & alan on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by me & alan on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing, or until all costs have been settled.
If a choice of designs has been presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of me & alan, unless specifically agreed in writing.
At the time of proposal, me & alan will provide the customer with an estimate by email. An email response from the customer to indicate acceptance of the estimate should be returned to me & alan. This binds the client to accept our terms and conditions. These Terms and Conditions can be read at any time on the me & alan website.
For the avoidance of doubt, the me & alan Terms & Conditions are what govern the job.
Charges for design services to be provided by me & alan will be set out in the email estimate that is provided to the customer. At the time of the customer’s signed acceptance of this estimate , indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request. We will supply, design files in various formats and upon payment completion the customer/client will own the copyright to the design. We do not operate a ‘buy out’ procedure. We believe that once the agreed price has been fulfilled, the customer should own what they have paid for.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The customer will be provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required return the Signify approval by email to me & alan.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 21 days after the date of invoice, will incur late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment.
Payments may only be made by online transfer, cash or cheque.
Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery.
Publication and/or release of work done by me & alan on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of £50 per returned cheque. Me & alan reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 21 days from the date of invoice, or following a returned cheque. me & alan shall be entitled to remove me & alan’s and/or the customer’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, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount.
Customers whose accounts become default agree to pay all me & alan’s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to me & alan for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by me & alan on behalf of the customer, will remain the property of me & alan and/or its suppliers unless otherwise agreed in writing or paid in full.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not me & alan.
By supplying images, text, or any other data to me & alan, the customer grants me & alan permission to use this material freely in the pursuit of the design.
Should me & alan, or the customer 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 customer will agree to allow me & alan to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold me & alan free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that me & alan holds no responsibility for any amendments made by any third party, before or after a design is published.
The client agrees to me & alan’s definition of acceptable means of supplying data to the company.
Text is to be supplied to me & alan in electronic format as standard text (.txt), MS Word (.docx) or via e-mail or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by me & alan via e-mail. Images must be of a quality suitable for use without any subsequent image processing, and me & alan will not be held responsible for any image quality which the client later deems to be unacceptable.
me & alan 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, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.
Design Project Duration
Any indication given by me & alan of a design project’s duration is to be considered by the customer to be an estimation. me & alan 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 me & alan for the initial payment or by date confirmed in writing by me & alan.
Rights of Access for Website Construction
The client agrees to allow me & alan all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The customer also agrees to allow me & alan access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply me & alan with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
me & alan considers the design project complete upon receipt of the customer’s signify email or verbally told, in person or over the phone. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website design & build
me & alan will provide website design and build based on the clients requirements. Any changes to navigation items, colours, structure or content that require changes to the design out side of the agreed requirements will incur an additional charges.
Once web design is complete, me & alan will provide the customer with the opportunity to review the resulting work. me & alan will make one set of minor changes at no extra cost within 21 days after launch. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to me & alan by e-mail.
me & alan will consider that the client has accepted design, if no notification of changes is received in writing from the customer.
me & alan offers a limited hosting services through an out-sourced virtual server. me & alan does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
me & alan may request that clients change the type of hosting account used if that account is deemed by me & alan to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on me & alan’s virtual server are due at the commencement of any period of service and are non-refundable.
Fees due to third party hosting organisations are the responsibility of the client and me & alan are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
me & alan cannot guarantee the availability of any domain name. Where me & alan is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
The customer agrees to allow me & alan to place a small credit on printed material exhibition displays, advertisements and/or a link to me & alan own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow me & alan to place websites and other designs, along with a link to the client’s site on me & alan’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
me & alan 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. me & alan also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that me & alan does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow me & alan to remove the contravention without hindrance, or penalty. me & alan is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by e-mail, however, following this, me & alan 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 21 days. Please note: any cancellation which is not formally confirmed in writing and received by me & alan within 21 days of such instruction being issued, will be liable for the full quoted cost of the project.
me & alan makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. me & alanwill not be held responsible for any and all damages resulting from products and/or services it supplies. me & alan 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 customer agrees not to hold me & alan responsible for any such loss or damage. Any claim against me & alan shall be limited to the relevant fee(s) paid by the customer.
me & alan 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. me & alan will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. me & alan reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by me & alan, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.me & alan.cc
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, 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 me & alan.