General Conditions
These Terms & Conditions (the “Project Terms”) are entered into by individuals on behalf of 1) the person proposing the work (the “Client”) and 2) Craig Williams, trading as Bandbox Design (”Bandbox Design”). Collectively they are referred to as the “Parties”. The Parties agree and disclose that they are fully authorised to enter into this Agreement in order to commence the agreed work (the “Project”).
Bandbox Design will work with the Client on the Project in order to reach a satisfactory completion of the Project. However, Bandbox Design cannot and does not guarantee, and is not liable for, the success of the Project’s aims, be that an increase in sales, subscriptions or any other such metric.
Bandbox Design accepts no legal liability for loss or damage caused by or related to any work in any capacity carried out by Bandbox Design.
No responsibility is accepted by Bandbox Design for any loss or damage arising from receipt or use of any of Bandbox Design’s services, including but not limited to emails, websites and files.
Bandbox Design will not be liable for any costs incurred, compensation or loss of earnings due to any failure to meet agreed deadlines. Every effort will be made to ensure deadlines are not missed and the Client will be informed if a Project is at risk of missing its deadline.
In supplying content to Bandbox Design for use in the Project, the Client assures they have the legal right to use the text, images, logos, brand names or any other such provided material. Bandbox Design holds no responsibility for the Client's misuse of any assets.
The Parties will agree to these Project Terms as demonstrated by their signatures (digital or otherwise) on the “Project Agreement” (Agreement).
These Project Terms shall be governed by and construed in accordance with the laws of England and Wales.
The Bandbox Brand Audit
The Bandbox Brand Audit ("Brand Audit") has different terms compared to other Projects.
The terms in this section and the General Conditions above apply to the Brand Audit process.
The Client will submit the Brand Audit form, supply any files and pay the Fee and Bandbox Design will respond to confirm the order.
The fee is to be paid via the link provided at the end of the Brand Audit form.
All files and assets must be uploaded through Bandbox Design’s WeTransfer page.
The Client may submit a website, logos and marketing materials for review.
When Bandbox Design has all the necessary information and payment has been received in full, Bandbox Design will spend one hour reviewing the supplied materials.
At the end of this hour, Bandbox Design will create a short feedback video and also provide a written summary detailing suggestions on how the Client's brand/visual identity could be altered and/or improved in my opinion as a graphic designer.
The estimated timeframe from Bandbox Design reviewing the Client's content to sending the report is no more than 48 hours (not including weekends). If this will not be possible, Bandbox Design will inform the Client as soon as possible.
The Client is under no obligation to use Bandbox Design to implement any of the changes suggested in the report, nor under any obligation to enact any of these changes.
However, Bandbox Design is happy to continue discussions with the Client to create a new Project once the Brand Audit is completed if the Client wishes to continue working together.
There are no refunds for the Brand Audit, unless Bandbox Design is unable to complete the work and send a report. This is the only scenario when a refund will be offered. If this occurs, Bandbox Design will return the Brand Audit fee and no other costs.
The Project Process
After contacting Bandbox Design through the appropriate online method, Bandbox Design will contact the Client (usually within 48 hours) to confirm or reject the Client’s request. If confirmed, Bandbox Design will suggest a free, no-obligation 30-minute online call to discuss the Project, potential collaboration and next steps.
After this initial discussion, a Quotation (”Quotation”) will be emailed to the Client. Quotations are valid for a period of 14 days.
Once a Quotation is agreed, the Agreement document outlining the scope, deliverables and cost of the Project will be sent via email to be signed by the Client. Once signed, the Payment Terms (“Payment Terms”) become active.
Bandbox Design will share an online Creative Brief through which the Client is to submit the Project details. All files and assets must be uploaded through Bandbox Design’s WeTransfer page.
The Client agrees to provide all necessary information, assets and feedback required in a timely fashion in order for Bandbox Design to complete the Project deliverables within any agreed timeframe. Failure to do so may cause delays.
Where necessary, Bandbox Design will endeavour to find cost-effective and/or royalty-free/licensed images and assets to use in projects where additional content is needed. If additional charges will be required, Bandbox Design will obtain approval from the Client first and add this charge to the final invoice.
Unless otherwise agreed, the Client will be presented with mood boards to confirm the Project design direction which will result in one design concept option only for review at the end of the initial consultation and design process period, with the opportunity for feedback and revisions as below.
The total Project fee on the Agreement includes a maximum of three rounds of revisions. If more than three rounds of amends are required by the Client this will be charged at a rate of £40 per hour and added to the final invoice.
At the end of the Project, when sign off is received in writing from the Client the final files will be supplied in the most appropriate file format/s for the Project.
At this point, Bandbox Design will invoice for the remaining cost of the Project and any additional fees at the same time as the Project is signed off.
Typically, when sign off is received from the Client, the final files will be supplied as soon as possible. However, Bandbox Design reserves the right to withhold delivery of final files until any outstanding payments have been made by the Client.
If final payment is not received, all signed-off designs and concepts will remain the property of Bandbox Design until payment is received.
Once all outstanding payment requests have been settled, the final design files become the property of the Client.
However, all non-final materials and Project files created during the Project, including but not limited to sketches, visuals and the electronic files used to create any non-final artwork always remain the property of Bandbox Design.
Any ideas/concepts not used by the Client that are created by Bandbox Design remain the property of Bandbox Design, unless any prior agreement has been made.
The final editable design files can be supplied upon request once all payments due to Bandbox Design have been made by the Client.
Bandbox Design will only supply fonts, images or other resources to the Client where the underlying licence for the resources permits this.
After completion and delivery of the final assets, Bandbox Design retains the right to showcase the work, including the completed designs, initial design ideas, sketches and other non-final work, on social media and websites for promotional purposes, unless otherwise agreed in writing by the Client.
Any subsequent amends requested by the Client after sign off will constitute a new Project and this Project Process will begin again.
Where Bandbox Design maintains or renews services on behalf of the Client (such as website or email hosting), an invoice will be sent in advance of the purchase/renewal date. Any third-party services will not be purchased or renewed unless payment is received from the Client. Non-payment will result in the services not being renewed and at risk of ceasing to work, unless otherwise agreed in writing between Client and Bandbox Design.
Cancellation
The working relationship on the project may be terminated early if agreed in writing by both Parties.
If the Client cancels the Project a minimum 50% of the total fee will be payable by the Client to Bandbox Design. Depending on how close the Project is to completion, an additional fee (a variable percentage of the remaining 50%) may be charged.
Any additional costs on top of the agreed Project Fee incurred during the Project (eg for stock images) that would be due to be paid at final invoice stage will also need to be repaid by the Client.
If it is necessary for Bandbox Design to terminate the agreement, and work has already commenced, the initial 25% fee will not be refunded.
Only in the circumstance of Bandbox Design instigating the cancellation of the Project will Bandbox Design provide to the Client any work-in-progress artwork files created up to the cancellation date.
Payment Terms
25% of the total fee is due to be paid by the Client upon signing the Agreement.
Bandbox Design will send an invoice for this 25% fee and payment is due immediately.
Bandbox Design may start work before payment is received but will not send any artwork or proofs until after payment has been made.
Examples of when additional charges may be incurred are outlined in The Project Process.
The first 25% invoice payment is due immediately once sent to the Client by Bandbox Design. The 75% fee and any other invoices must be paid within 30 days of the invoice date.
Invoices are issued electronically and sent by email to the Client.
Payment is to be made via BACS or card to the bank account specified on the invoice.