It is not necessary for any client to have signed an acceptance of these Terms & Conditions for them to apply. If a client accepts a quote and From the Sticks starts work on the order then The Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Terms and Conditions are available to download here and there are links to them on all email correspondence.
From the Sticks retain the right to update and amend these Terms and Conditions.
The Client: the company or individual requesting the services of From the Sticks.
From the Sticks: Designer, creator or author or work, including any employees or affiliates.
Suppliers: Third party contributors including but not limited to, printers, web hosting, graphics and equipment companies.
Quotes are valid for a 30 day period and From the Sticks reserve the right to alter quotes after the 30 day period has expired.
From the Sticks will carry out work only where an agreement is provided either by telephone, email, mail or in person and if required, once a deposit has been received. An ‘order’ is deemed to be a written or a verbal contract between From the Sticks and The Client.
From the Sticks 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.
From the Sticks 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 the Suppliers.
From the Sticks will, where possible, provide hard copy proofs of any printed material. It is The Client’s responsibility to check and bring attention to any rectifiable amendments or changes.
If The Client wishes to postpone work this must be confirmed in an email. Once work has been postponed From the Sticks cannot ensure that work will be carried out in the same time frame set out at the start of the project, a new quote may also need to be accepted by The Client before work resumes.
Please note that From the Sticks operate strict 21-day payment terms on project completion. When full payment is made, final artwork and deliverables are released.
From the Sticks can be contacted from Monday to Friday between 8.30am and 5.30pm. The majority of designer/ client contact is normally via email, which helps both parties to keep track of specific design requirements and potential changes.
At the time of proposal, From the Sticks will provide The Client with a written estimate or quotation. This can be in the form of email, hard copy or both. A copy of the written estimate or quotation must be signed and dated by The Client to indicate acceptance and should be returned to From the Sticks. Alternatively, The Client may send an official order in reply to the estimate or quotation which binds The Client to accept From the Sticks’s terms and conditions. If no documentation is signed it will be assumed that The Client is prepared to accept From the Sticks fees after work has been commissioned.
Charges for design services to be provided by From the Sticks will be set out in the written estimate or quotation that is provided to The Client. At the time of The Client’s acceptance of this estimate or quotation, a non-refundable deposit of 50% of the quoted fee will become immediately due. If the project assigned will extend over a long period, From the Sticks may require payments to be made in monthly installments. The Client will be made aware that this could be a possibility at the beginning of the project.
Quotations given will be based on a projected timescale by From the Sticks for the project issued. The quotation issued by From the Sticks will not alter if the project duration is increased on the part of From the Sticks. If the project duration is lengthened by The Client then the fee will rise by the hourly rate set out by From the Sticks within the original issued quotation. The quotation may include estimated print costs and any extra charges incurable throughout the project duration by third parties. From the Sticks will source third party quotations for the project as standard and will issue them as part of the project package once confirmed by the Client.
The Client agrees that changes required over and above the estimated work or which are required to be carried out after acceptance of the draft design will be liable to a separate charge as mentioned in Design Charges section. The Client also agrees that From the Sticks holds no responsibility for any amendments made by any third party, before or after a design is published. We recommend that proofs are viewed in the latest available version of Adobe Reader before giving proof approval.
The Client shall be responsible for ensuring that the content of any artwork is correct. This includes print ready artwork supplied by The Client and any design proofs supplied by From the Sticks. Artwork supplied by The Client as print ready will be treated as such, any errors including typographical and design errors once printed are without any liability on the part of From the Sticks.
Charges For Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance. If a meeting is required before a project is assigned, From the Sticks will charge at an hourly rate, which will be made available to The Client beforehand. If it is decided that no further contact will take place after the initial meeting, then no further charges will be made.
Websites & Hosting
Whilst every endeavour will be made to ensure that Client websites and any scripts or programs are free of errors, From the Sticks or associates cannot accept responsibility for any losses incurred due to malfunction of The Client’s website or any part of it.
From the Sticks does not take any responsibility for website rank on search engines. This also includes any potential website downtime that may occur when updating, changing, creating and hosting a Client’s website, which could result in a change to the websites search engine ranking.
From the Sticks will place a small text link in the footer of The Client’s website stating the website was designed by From the Sticks.
Whilst From the Sticks recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service.
All standard hosting offered by From the Sticks is limited to 15gb of website space unless otherwise stated at point of contractual agreement.
The Client is fully responsible for their own hosting and domain name if they do not use From the Sticks’ hosting services.
From the Sticks 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.
From the Sticks reserves the right to refuse to host in any way, material which may be deemed offensive, illegal or in any way controversial.
From the Sticks cannot accept any liability for attacks on The Client’s website from viruses, hacking or any other third party attempt to disrupt the normal working of the website.
From the Sticks will endeavour to design and maintain the website and server so that the integrity and security of the server is safeguarded in so far as possible and in accordance with best industry practice. However From the Sticks does not guarantee that the server will be free from unauthorised users or hackers and shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
Copyright is retained by From the Sticks on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by From the Sticks as fulfilling the contract. All other designs remain the property of From the Sticks, unless agreed in writing that this arrangement has been changed.
By supplying text, images and other data to From the Sticks for inclusion in The Client’s 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.
From the Sticks cannot take responsibility for any copyright infringements caused by materials submitted by The Client. From the Sticks reserve the right to refuse any material of a copy-righted nature unless adequate proof is given of permission to use such material by The Client.
The Client agrees that From the Sticks reserve the right to include any work done for The Client both initial creative concepts and final approved design work for the purposes of the Company’s marketing activities (both online and offline) unless otherwise requested/agreed with The Client.
The Client shall provide From the Sticks with samples of print design that result in such deliverables. Such samples shall be representative of the highest quality of work produced. From the Sticks shall use such copies and samples for publication, exhibition, or other promotional purposes. From the Sticks shall have the right to photograph all completed designs or installations and shall have the right to use such photographs for publication, exhibition or other promotional purposes.
From the Sticks may sub-contract other creative professionals to provide services such as web development, photography and illustration. Any third-party terms and conditions will include full reproduction rights for The Client. Where such contracting adds to the project cost, The Client will first be asked for permission to proceed. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement, unless requested by The Client at a later date.
By supplying images, text, or any other data to From the Sticks, The Client grants From the Sticks permission to use this material freely in the pursuit of the design. Should From the Sticks, or The Client 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 Client will agree to allow From the Sticks to remove and / or replace the file on the site.
The Client agrees to fully indemnify and hold From the Sticks 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.
The Client may be provided with an Approval Form and Invoice prior to final publication of work. The Client will make a 25% or 50% (dependant on quotation total) part payment prior to work commencing. The project will be scheduled once the part payment is received by From the Sticks. The part payment is non-refundable. The balance is payable to From the Sticks within 21 days of project completion and before the original artwork is supplied to The Client. Under no circumstances will project artworks or deliverables be released until final payment is cleared.
Returned cheques will incur an additional fee of £50 per returned cheque. From the Sticks reserve the right to consider an account to be in default in the event of a returned cheque.
If the final invoice is not paid within the 21 day period a 5% ‘delayed payment’ fee will be charged at the rate of 5% above the Bank Of England base rate. This initial 5% charge will be added upon each recurring 21 day period until the full amount has been received by From the Sticks. Prolonged nonpayment will result in suspension of any online services provided by From the Sticks and will not be reactivated until the outstanding balance has been paid in full.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque.
From the Sticks shall be considered entitled to remove From the Sticks 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 and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve The Client of its obligation to pay the due amount. Clients whose accounts become default agree to pay From the Sticks reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
If, after project commencement, client communication (face to face, telephone, or email) stops for a period of 30 days, the project can be cancelled, in writing by From the Sticks, and ownership of all copyrights shall be retained by From the Sticks. A cancellation fee of 50% of the remainder of agreed unpaid fees will be charged to The Client. A new agreement will need to be made for the project to commence if The Client wishes to pursue the project in the future.
The Client shall inform From the Sticks in writing before the project commences if any portion of any material or information provided by The Client or if any portion of the project is confidential.
The Client agrees to indemnify and hold harmless From the Sticks from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including solicitors’ fees and costs, but only to the extent caused by, arising out of, the work supplied by From the Sticks.