Welcome to the Bryony Macintyre Design website. This website and it’s content is owned by Bryony Macintyre Design (“We,”Us”, “Designer” or “Our”). The term “You,” or “Client” refers to the viewer or user of www.bryonymacintyre.com (the “Website” or “Site”). We would rather operate without the need for defined terms and conditions but unfortunately we need to protect ourselves. If there is any term or condition that prevents you from dealing with us, we will look at it, and if reasonable, will confirm in writing its exclusion as part of our agreement. The following terms and conditions apply to all design and associated services offered by Bryony Macintyre Design. By ordering services from Bryony Macintyre Design you are agreeing to the following terms and conditions.

We reserve the right to change, modify, add or remove any part of these terms at any time. All changes are effective immediately when we post them. You are expected to check these terms of service regularly to ensure you are aware of any changes. We will try to highlight any significant or substantive changes to these terms to you where possible.


Work

Bryony Macintyre Design agrees to produce project materials at the request of the Client for fees agreed upon in advance and delivery of the Work by an agreed-upon deadline. Designer will cooperate with Client in editing and otherwise reviewing the Work prior to completion and launch.


Hours of operation

As a Freelance business we work all hours however we are closed on all major holidays and the entire week of Christmas and New Years. A minimum of 2 weeks notice will be given to regular Clients for time off where we will not be responsive or available to work.


Quotes

Quotations are valid for thirty days from the date on the quotation. All prices quoted may be subject to change after this period.


DESIGN FEES

Fees for design services to be provided by Bryony Macintyre Design, will be set out in the written quotation that is provided to the Client. At the time of the Client’s acceptance of this quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due on projects worth over £500.00. Work on the project will not commence until Bryony Macintyre Design has received this amount.

The remaining 50% is to be paid before any workable files are delivered. If the parameters of the Work change, or if it involves more time than estimated (over 1 billable hour), Bryony Macintyre Design will inform Client and they can renegotiate the Work’s cost. Bryony Macintyre Design is responsible for the payment of all taxes with respect to the services she performs for the Client as an independent contractor.

Final payment terms are 7 days from date invoiced.


Payment

Payments are to be made by Bacs or cheque (for UK clients) or previously agreed electronic funds transfer through Transferwise fFor international clients). Bryony Macintyre Design will pay all Transferwise fees providing the Client selects to pay via Bank Debit (AHC) or Wire Transfer. A PDF receipt of transaction listing all fees incurred must be forwarded to Bryony Macintyre Design.

Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charge of 10% plus the Bank of England base rate per month of the outstanding amount.

Returned cheques will incur an additional fee of £50 per returned cheque.

Delays and Termination. All payments received are non refundable in the event the project or the relationship is terminated for any reason. If any part of the work for the project is delayed for longer than 30 days, Bryony Macintyre Design will bill for work completed.

Consequences of Non-Payment. Bryony Macintyre Design reserves the right to suspend work and/or withhold issuing any project documents if invoice payments are not received within a reasonable period of time from invoice date.


If necessary Bryony Macintyre Design reserves the right to allow the use of sub-contractors to work on any aspect of the project.

Sub-Contracting


Communication

Bryony Macintyre Design’s preferred method of communication is by email. Invoices and quotes will be sent by email and shall form a legal document just as if sent by traditional post.
The design process will be undertaken by email and telephone conferencing where needed. Deadlines are subject to responsive Client communication.


Alterations

The Client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The Client also agrees that Bryony Macintyre Design holds no responsibility for any amendments made by any third party, before or after a design is published.


Final Artwork

Client will receive final artwork format as stated in quotation (i.e PDF, JPEG). Unless previously agreed Bryony Macintyre Design retains all design files (Indesign, Illustrator, Photoshop files). Design files can be supplied at an additional fee – 25% of total project fee.


Confidentiality

Bryony Macintyre Design hereby acknowledges they may be involved in or become aware of information that relates to the client on a personal level including information related to the Client’s past, future, present, customer names, marketing plans, project information, and financial documents.

Bryony Macintyre Design agrees to protect all the above information and keep any information obtained confidential.

Bryony Macintyre Design will be permitted to display final work on their website, social media or in promotional materials. Bryony Macintyre Design agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Bryony Macintyre Design can display materials and final work created for Client on their website or social media.


Client Approval

The Client will be notified and must approve any and all materials prior to project finalisation and submission.

Furthermore, the Client will have permission to accept the work and request revisions if needed. Upon acceptance of the Work, Client accepts responsibility for any further processes in which this work is used (e.g. printing, etc.) Designer is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client.

Client Approvals. Bryony Macintyre Design will make all efforts to ensure that no information is misrepresented. An additional proofing service can be requested and quoted for should the Client require their work to be professional proofed. Client assumes all responsibility for content and will have sign off on all work. Client’s approval of all tangible materials and artwork will be assumed after the work has been submitted for review, unless Client indicates otherwise in writing.


Cancellation

Both parties understand that Client or Bryony Macintyre Design may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Bryony Macintyre Design. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Bryony Macintyre Design retains ownership of all copyrights and original work created.


Changes

These terms were last updated on 04/03/2019. If you have any questions regarding these terms of service, please contact us at bryonymacintyre@gmail.com


Acceptance of terms

Client promises to pay for the services rendered by Bryony Macintyre Design for the work as agreed upon. By submitting the form below, Client agrees they have read, understood, and are considered legally bonded to these terms.

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I have read, acknowledge, understand and agree to the terms and conditions as stated above in Bryony Macintyre Design Terms and Conditions