On the approval of a quotation or a contract, the client accepts the terms and conditions of service as stated here, and authorise Alex Hayn to commence work on a project. These conditions are binding in this and all future transactions with Alex Hayn, associated staff and suppliers.
Graphic design, strategy, photography, TVC, illustration, marketing, and related services, are all highly creative and subjective art forms. As such, Alex Hayn takes every possible care with professional advice offered, and any suggested creative concepts and/or their implementation, however Alex Hayn cannot be held responsible for variations between expectation and outcome.
All information contained in this website is intended for general information purposes only. The information is provided by Alex Hayn. Alex Hayn tries to keep the information up-to-date and ensure that it is correct, however, Alex Hayn makes no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. Alex Hayn will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. Alex Hayn has no control over websites that are linked to on this website. Those third party websites are under the control of their owners, and Alex Hayn will not be held liable for your use of those websites. By linking to these sites, Alex Hayn is not endorsing or recommending any information or views expressed in the content on those sites.
- Rates: Rates are set up according to a value-based price per project, further services can be charged at an agreed rate per hour.
- Consumables: Consumables are costed into the initial quote. Additional consumables required during the course of a project will be costed, quoted and agreed on with the client first.
- Deposits: A 50% non-refundable deposit is required before work commences.
- Handling Fees: Handling fees are charged when managing and handling suppliers.
- Intellectual Property: All ideas and materials (intellectual property) created remain the property of Alex Hayn until such time that the transfer of these property rights has been specifically agreed to in writing by Alex Hayn and fully paid for by the company or person to whom the property has been given.
- Goodwill: A proposal assumes goodwill from both Alex Hayn and the client regarding what can reasonably be achieved in a given time frame and making the best use of resources to achieve the most effective outcome on a project.
- Approval of Final Artwork: While Alex Hayn takes all care to avoid errors, Alex Hayn accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the client’s responsibility to proof read and approve all final copy before the production of artwork. The email verification of the client’s representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due to oversights by the client’s proof reading. It is agreed that Alex Hayn is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given in writing), committed to print or posted in view of the public. Alex Hayn will not be held responsible for changes or amendments made after approval. It is the sole responsibility of the client to notify Alex Hayn of any such errors during the revision cycle and before the final files have been generated. In the event of a need to reprint due to errors in content, the client must inform Alex Hayn within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment. As with all print projects, payment for re-printed project must be prepaid.
- Printed colour: All printed colour can only be guaranteed via a FOGRA approved printers proof, which should be signed off by all the relevant parties involved in a project. Colour that has not been signed off in this way may vary from what has been seen or approved on screen to how it appears in print, or when compared to previous samples. There will be no reprints at the expense of Alex Hayn.
- Design credit: Client agrees to allow Alex Hayn to place a small credit on printed material, exhibition displays, advertisements and/or representative graphic on the client website. This may be in the form of a small logo or line of text placed towards the bottom of the page, unless otherwise specified in writing. The client also agrees to allow Alex Hayn to place websites and other designs, along with a link to the client’s site on Alex Hayn’s own website for self promotional purposes.
- Additional charges to revisions of Brief: Additional charges will be levied to revisions made to a brief.
- Cancellation Fee: If a contract is cancelled by a client for whatever reason, a “kill fee” is calculated from a percentage of the deposit that comes in line with the actual billable time spent on work done up to that termination date. The minimum due at cancellation is a third of the total fee estimated. If much of the project has been completed and the project killed, the fee charged may be higher than the deposit.
- Dormant Projects: Projects that are dormant for a period exceeding sixty (60) days will be invoiced and considered completed.
- Account Settlement: All accounts are to be settled COD or within the specified amount of time as stated on the invoice. Interest can be charged on accounts that are not settled within the stated time.
- Delayed Payments and interest: If payment has not been received after the period stated on an invoice, a 10 percent “delayed payment” interest fee will be charged. This initial 10 percent figure will be added upon each recurring 30 day period until the full amount has been received.
- Liability & Litigation: It is agreed that all work and materials provided for the client by Alex Hayn will be free and clear of all liens and encumbrances and may be lawfully used by the client without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party. It is agreed that Alex Hayn indemnify and hold the client harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of the client or its employees, and it is agreed that Alex Hayn shall notify the client in writing of full details of any such claim. Under no circumstances shall Alex Hayn be liable to the client for an indirect or consequential loss suffered by the client relying on the information included in the supplies prepared by Alex Hayn including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
- Force Majeure: Alex Hayn shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Alex Hayn. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
- Amendments to these Terms and Conditions: All and any amendments to the terms and conditions outlined in this submission must be provided in writing by the client and signed by Alex Hayn or an authorised representative of Alex Hayn prior to the commencement of work outlined in this submission.