Fae Design

Terms Privacy and contract terms and conditions

Find out more about your rights as a client of our print and digital graphic designs. We take our service to you seriously, and we want you to make informed decisions when ordering our services.

We offer our services with full transparency, and we provide a confidential service to you at the same time, ensuring your private information remains private.

Find our detailed terms and privacy statements listed below.

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If you find any of the terms or information about our print or digital services confusing, or you have some questions about our services or your rights, then talk to us

Terms & Conditions

1. Definitions

The following Terms and Conditions is a legal agreement between Fae Design, hereafter “the Designer” (Fae Design), and “the Client” for the purposes of graphic design, 3D design or website design. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.

The Designer is an Internet graphic design, 3D design and web design provider offering the Client graphical design, 3D models, HTML, CSS, Javascript, PHP, WordPress, and other related computer programming languages, hereafter known as "Design Services".


2. Acceptance of Work

Quotations are valid for 30 days from date of issue.

When the Client places an order to purchase Design Services, the order represents an offer to the Designer to create a website and/or create a design. The Client’s confirmation in an email, letter or a signature signed within the quotation agreement contract, are all evidence of entering a contract prior to invoicing. The invoice equals acceptance by the Designer of the Client’s offer to purchase services from the Developer and this acceptance of work is a valid contract between Client and Developer regardless of whether the Client receives the invoice.

Any other services on the order that have not been included in the quotation/invoice do not form part of the contract. The Client agrees to check that the details of the quotation/invoice are correct and should print and keep a copy for their records.

The Designer is liable to withdraw from contract at any time prior to acceptance.

Additional work requested by the Client that is not specified in the agreed quotation or changes/updates are required after a phase of the project has been signed off by the client, is subject to an additional quotation/invoice by the Designer on receipt of specification. If the work is needed as part of an existing project, then this may affect time scale and overall delivery time of the project.

The Client agrees to provide any needed information and content required by the Developer in good time to enable the Developer to complete a design or website work as part of an agreed project.

The Client cannot terminate a contract unless they have made full payment up to the end of the current stage of the project.


3. Permission and Copyright

Copyright of the completed web designs, images, pages, 3D models, code and source files created by the Designer for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the Designer.

These terms of use grant a non-exclusive limited license so that the Client can use the design on one website on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and the Designer.

The Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Client and the Designer.

The Client hereby agrees that all media and content made available to the Designer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Developer from any claim or suit that may arise as a result of using the supplied media and content.


4. Material

The Designer reserves the right to refuse to handle:

      1. Any media that is unlawful or inappropriate.
      2. Any media that contains a virus or hostile program.
      3. Any media that constitutes harassment, racism, violence, misogny, transphobia, harmful intent or spamming.
      4. Any media that constitutes a criminal offence or infringes privacy or copyright.

5. Projects

5a. Web related

The Client agrees that an HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by the internet browser software. The Designer agrees to try to match the design as closely as is possible when building the code.

During a website project it is important that the Client communicates information to the Designer to achieve the required result.

All alterations are to be requested in writing either by email or postal mail by the Client. After the allocated time for alterations is used up, either in design or coding, the Designer reserves the right to advise the Client of such and send a separate quotation to the Client and to request payment for any further alterations. The Designer reserves the right to request payment be received for further alterations before continuing work. Upon completion of agreed design, the Client is asked to confirm in writing by email or postal mail that the design and the screen size is signed off as complete and agree that any further design alterations are chargeable.

If the Client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, the Designer reserves the right to quote separately for these alterations.

If optimised pages are included as part of the project, the Designer will optimise the Client’s web pages that already make up part of the project. Optimised pages is not creation of new pages. The optimisation of the web pages can include the meta tags, keywords, description, title, alt tags and text provided by the Client.

The Designer endeavours to create pages that are accessible to search engines. However, the Developer gives no guarantee that the site will become listed with search engines because the type of server and the search engines also play a part in that process.

If an error or issue with the design or code arises during the project, which does not allow the design or code to match the original specification, then the Client agrees that the Designer can apply a nearest available alternative solution.

After site completion, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the Client or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, then the Designer reserves the right to quote for work to repair the website.

The Designer reserves the right to assign sub-contractors in whole or as part of a project if needed.

The Designer will keep a copy of the site and design source files when a website project is being worked on. However, the Client agrees that it is their responsibility to have regular backups made by themselves or the third party hosting services in case of a software or hardware failure at the third party hosting servers.

All communications between Designer and Client shall be by telephone, email, Skype or postal mail, except where agreed at the Designer’s discretion.

The Designer holds the rights and ownership of each Phase of the project until the amount has been paid for each part of the work.


6. Payment Terms

Prices are subject to change without notice.

All quoted prices are exempt of VAT.

All invoices must be paid in full within 10 days of the invoice date (includes weekends), except where agreed at the Designer’s own discretion.

Work will not proceed on a project until the invoice is paid in full.

During a project the Client can have unlimited changes until the Client approves of the final design or the agreed timeframe runs out.

Once work commences, refunds are not available unless at the discretion of the Designer.


7. Liability and Warranty Disclaimer

The Designer endeavours to provide a project within given delivery time scales to the best of its ability. However, the Client agrees that the Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.

The Client agrees that the Designer is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services. The Designer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Designer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.


8. Indemnification

The Client agrees to use all Designer services and facilities at their own risk and agrees to defend, indemnify, save and hold the Designer harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Designer or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties.

The Client agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.

The Client also agrees to indemnify, hold harmless and defend, the Designer against any liabilities arising out of injury to property or person caused by any any product or service sold by the Client or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organisation.


9. Privacy Policy

The Designer and any third-party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998. This information will also be used to identify the Client in communications with them and to contact the Client from time to time to offer them services or products that may be of interest to or benefit the Client.

The Designer will maintain Client confidentiality and will not share the Client's personal information unless legally required to.


10. Interpretation

The Designer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these Terms and Conditions. The Developer shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.

Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.

The Developer reserves the right to alter these Terms and Conditions at any time without prior notice.