The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by SW Design.

 

All design work is carried out by SW Design on the understanding that the client has agreed to abide by SW Design's terms and conditions.

 

Copyright of all graphic design work is retained by SW Design including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled. (please discuss this with us if you wish to retrieve more information about this).

 

If multiple designconcepts are submitted, only one concept is deemed to be given by SW Design as fulfilling the contract. All other artwork designs remain the property of SW Design, unless agreed in writing.

 

 

Project Acceptance
At the time of proposal, SW Design will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on SW Design's website, or here.

 

 

Design Fees
Fees for design services by SW Design, is a set amount and is always provided with the quote that is provided to the customer. 

 

 

Deposits

Deposits are not necessary but if you wish to pay one an exception can be made. Any deposits paid are non-returnable. If a deposit is paid you will get full previews of the design work throughout the order process. If a deposit is NOT paid, you will receive screenshots or watermarked design proofs until full amount is paid. You will then receive full previews of design work.

 

 

Payment
The client will be asked to finalize work then at this time the fees due will become payable (unless you, the client, has chosen to pay this prior to design work being finalized.) Once paid, you will receive an invoice via email and any creative previews of your work for your own use.

Payments can be made by  cash, bank transfer or Paypal.

Publication and/or release of work done by SW Design on behalf of the client, may not take place before funds have cleared.

 

Payment in full is required prior to artwork being sent to print.

 

 

Copyrights and Trademarks
By supplying text, images and other data to SW Design for inclusion in the customer's brochure 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 SW Design on behalf of the customer, will remain the property of SW Design and/or it's suppliers, (unless otherwise stated) excluding Logo design in which full copyright will be passed to the client upon receipt of full payment.

The customer may request in writing from SW Design, the necessary permission to use materials (for which SW Design holds the copyright) in forms other than for which it was originally supplied, and SW Design may, at it's discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. SW Design reserves the right to charge fees for additional useage.

By supplying images, text, or any other data to SW Design, the customer grants SW Design permission to use this material freely in the pursuit of the design and to utilise the designs in SW Design's portfolio unless agreed otherwise.

Should SW Design, 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 SW Design to remove and/or replace the file.

The customer agrees to fully indemnify and hold SW Design 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.

 

 

Licensing
Any design, copywriting, drawing, idea or code created for the customer by SW Design, or any of it's contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of SW Design and any of it's relevant sub-contractor.

 

 

Design Project Duration
Any indication given by SW Design of a design project's duration is to be considered by the customer to be an estimation. SW Design cannot be held responsible for any project over-runs, whatever the cause. 

 

 

Design Credits
The customer agrees to allow SW Design to place a small credit on printed material, exhibition displays, advertisements and/or a link to SW Design's 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. (a preview of this can be shown upon request).

The customer also agrees to allow SW Design to place all designs on SW Design's own website/facebook/instragram etc. for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.

 

 

Rights of Refusal
SW Design 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. SW Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that SW Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow SW Design to remove the contravention without hindrance, or penalty. SW Design is to be held in no way responsible for any such data being included.

 

 

Disclaimer
SW Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. SW Design will not be held responsible for any and all damages resulting from products and/or services it supplies. SW Design is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take resonable steps to investigate the materials we recommend, we accept no responsibility for the performace or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold SW Design responsible for any such loss or damage. Any claim against SW Design shall be limited to the relevant fee(s) paid by the customer.

SW Design 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. SW Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound

 

 

General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. SW Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

 

 

Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by SW Design and validated by the customer's signature on the estimate or quotation, 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 SW Design.

 

Quotes

SW Design will provide free no obligation quotes that are completely bespoke to the client. These are negotiable in relation to budget and whether you would like SW Design to beat another quote supplied to you - (Proof of quote to beat must be shown).

 

 

Design Proofs

SW Design supplies design proofs to the customer on the understanding that it is the clients responsibility to check the whole design. Any errors found after orders have been sent to print are in no way liable to SW Design and will not be rectified. Please ensure you check all aspects of your design including spelling, colour & positioning.