TERMS & CONDITIONS
The following Terms and Conditions of Service apply to all products and services provided by Eastwood Studio. For simplicity in this document, ‘we’, ‘our’ or ‘us’ refers to Eastwood Studio and ‘you’ and ‘your’ refers to you the client.
All work is carried out by Eastwood Studio on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by us on all creative design work 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 us as fulfilling the contract. All other designs remain our property unless agreed in writing that this arrangement has been changed.
Any exceptions to these terms and conditions must be agreed and confirmed in writing between you and us prior to work commencing.
At the time of proposal, we will provide you with a written estimate or quotation.
Should you wish to go ahead, we request that you accept the quotation in writing (an email is fine) before work commences. This written acceptance binds the you to accept our terms and conditions.
Fees for all design and photography services to be provided by us, will be set out in the written estimate or quotation.
For jobs over the value of £300.00 the client is requested to pay a non-refundable deposit of 20% of the total quoted fee before work commences.
For jobs up to the value of £300.00 the client will be billed on completion of work.
All of our fees are subject to VAT at 20%.
Any charges for any additional services including, but not limited to; licensing stock imagery, fonts, website templates, hosting, domain registration, printers etc. are not included in the quoted fee. We will inform you of any such additional costs before making any purchases on your behalf.
You will be invoiced for any remaining balance upon completion of the agreed work. Payment is due by BACS or cheque within 30 days of the date of invoice.
We reserve the right to withhold print ready artwork or delay publication of websites until the balance has been paid in full.
Copyrights and Trademarks
By supplying text, images and other data to us for inclusion in your website or other medium, you guarantee that they are either owned by you, or that you have permission to use them.
Any artwork, images, or text supplied and/or designed by Eastwood Studio on behalf of the client, will remain the property of Eastwood Studio and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988.
The client may request in writing from Eastwood Studio the necessary permission to use materials (for which Eastwood Studio holds the copyright) in forms other than for which it was originally supplied, and Eastwood Studio may, at its 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.
We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project online or in print.
Charges for creative design work do not cover the release of copyright design files including indd, psd, png, eps, jpg or any other source files; if the client requires these files they will be subject to a separate quotation or ‘buy-out’ charge unless otherwise agreed.
All design work will be proofed by you and written approval given (email is fine) before we will release it for publication or print. Whilst all efforts will be made by us to ensure the accuracy of work, no liability can be accepted by us for errors not highlighted by you prior to written approval for publication or print.
The estimate/quotation price we supply to you are based on the number of days that we estimate we'll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind or add to the project in any way, that won't be a problem.
Any changes that are over and above the estimated work, or work requested to be carried out after the acceptance of the draft design will be liable to a separate charge. We will inform you of any extra charges at the time.
You agree that we hold no responsibility for any amendments made by any third party, before or after a design is published.
Cancellation of any work in progress is requested by email.
You will then be invoiced for all work completed over and above any non-refundable deposit that you may have already paid. The balance of monies due must be paid within 30 days.
Disclaimer & Liability
Eastwood Studio makes no warranties of any kind, express or implied, for any and all products and/or services that we supply. We will not be held responsible for any and all damages resulting from products and/or services we supply.
We are not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.
We are not responsible for the cost of reprinting any material deemed poor quality from the printers. In the circumstance where the printer is at fault we will endeavour to get a full refund from them on your behalf, or a reprint free of charge.
We reserve 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. We will not knowingly perform any actions to contravene these and you also agree to be so bound.
We will not be held liable for failing to complete your project due to circumstances beyond our control, including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.
We may contract with other creative professionals to provide services such as web development, photography, and illustration if we feel this will benefit your project. We will be transparent and open with you about this.
All work is backed up on external hard drives at end of each day so you can have peace of mind your designs are safe!
You are required to inform us by email before the project commences if any portion of any material or information you provide is confidential.
Please note that your details will not be passed on to any third parties.
i These terms and conditions govern your use of our website.
ii By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
iii If you register with our website we will ask you to expressly agree to these terms and conditions.
2 Copyright notice
i Copyright © 2017, Eastwood Studio
ii Subject to the express provisions of these terms and conditions:
a we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
b all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3 Licence to use website
i You may:
a view pages from our website in a web browser;
b download pages from our website for caching in a web browser;
c print pages from our website;
d use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
ii Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
iii You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
iv Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
v Unless you own or control the relevant rights in the material, you must not:
a republish material from our website (including republication on another website);
b sell, rent or sub-license material from our website;
c show any material from our website in public;
d reproduce, duplicate, copy or otherwise exploit material from our website for a commercial purpose; or
e redistribute material from our website.
vi We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4 Acceptable use
i You must not:
a use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
b use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
c use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
d conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
e use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
ii You must not use data collected from our website to contact individuals, companies or other persons or entities.
iii You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5 Report abuse
i If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
ii You can let us know by email.
6 Limited warranties
i We do not warrant or represent:
a the completeness or accuracy of the information published on our website;
b that the material on the website is up to date; or
c that the website or any service on the website will remain available.
ii We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
iii To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
7 Limitations and exclusions of liability
i Nothing in these terms and conditions will:
a limit or exclude any liability for death or personal injury resulting from negligence;
b limit or exclude any liability for fraud or fraudulent misrepresentation;
c limit any liabilities in any way that is not permitted under applicable law; or
d exclude any liabilities that may not be excluded under applicable law.
ii The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
a are subject to Section 11.1; and
b govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
iii To the extent that our website and the information on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
iv We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
v We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
vi We will not be liable to you in respect of any loss or corruption of any data, database or software.
vii We will not be liable to you in respect of any special, indirect or consequential loss or damage.
viii You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
8 Breaches of these terms and conditions
i Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
a send you one or more formal warnings;
b temporarily suspend your access to our website;
c permanently prohibit you from accessing our website;
d block computers using your IP address from accessing our website;
e contact any or all your internet service providers and request that they block your access to our website;
f commence legal action against you, whether for breach of contract or otherwise; and/or
g suspend or delete your account on our website.
ii Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
9 Third party websites
i Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
ii We have no control over third party websites and their contents, and subject to Section 11.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
i We may revise these terms and conditions from time to time.
ii The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.
iii If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may
iv specify, we will disable or delete your account on the website, and you must stop using the website.
i You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
ii You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
i If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
ii If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13 Third party rights
i These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
ii The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
14 Entire agreement
i Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.
15 Law and jurisdiction
i These terms and conditions shall be governed by and construed in accordance with English law.
ii Any disputes relating to these terms and conditions shall be subject to the [exclusive / non-exclusive] jurisdiction of the courts of England.
16 Our details
i This website is owned and operated by Eastwood Studio.
ii You can contact us by using our website contact form, by email or by telephone using the details in the footer of this website.