1) Alteration of terms: These terms and conditions shall prevail over all other terms. No printed, written or verbal terms shall apply which are inconsistent with these terms and conditions.
2) Definitions: ‘The Company’ is defined as the company registered as Tom Hammers, trading as Designs Illustrated. ‘The Client’ is defined as the person or persons that request The Company to carry out work.
3) Law: These terms and conditions shall be subject to the laws of England and Wales. The Client agrees to be bound by the exclusive jurisdiction of these courts.
4) Quotations: All quotations provided by The Company are on a no obligation basis. These are valid for a period of 30 days from the date of quotation.
5) Contracts: Once The Company has received a request to carry out work a binding contract is formed between The Client and The Company. Any such work will proceed under the assumption of full agreement with these terms. The Client must provide all necessary information pertinent to said work within 10 days of the request. We ask that all projects be completed within 30 days of ordering. Work is undertaken on a first come, first served basis and cannot be booked in.
6) Cancellations: Cancellation of a contract is only permitted with The Company’s written consent. If The Client chooses to terminate a contract for any reason, The Company shall be compensated for any and all expenses, including materials and time spent towards said project at the rate of £35 per hour.
7) Amendments to drawings: drawings provided as a fixed fee services or quotation include one round of changes at each of the two stages. Stage one is the wireframe model. Your illustrator will send these for your approval. Once given the go ahead they will commence Stage 2. This is when we add the effects, labels, some plants, etc. using Photoshop. If a change to the model is required after Stage 1 additional charges may apply. The first draft of your stage 2 drawings will be sent for approval. The quickest way for you to convey changes at any stage is to print out the drawing (A4 is fine) and mark on it in red. Then scan and email it back. If you require further changes they will be charged at £35 per hour. For accuracy, we use professional project management software to keep track of time spent of each project/task. The Company will inform The Client prior to logging any additional time. Projects that are charge by the hour may include unlimited changes, so long as said changes do not delay project completion for more than 30 days from the date of ordering.
8) File formats. In most cases we will send your drawings in .pdf format. As a general rule we cannot send other file formats such as .dwg or .skp unless we agree to do so at the start of the project. In some circumstances we might agree to send other files in another format after the fact, but this will incur a £25 admin fee per file sent. Please note that we cannot accept any discrepancies or inaccuracies for drawings sent in any file fornat that can be altered once we have sent them.
9) Fees: Charges/fees will be agreed prior to the commencement of any work. Prices for fixed fee services are calculated according to the area (m2) modelled or shown in the Visualisations/Plans. For current pricing of fixed fee services see Services in the main menu and refer to the charts there. Packages such as the Design Proposal and Full Plan Set are provided at a discount compared to ordering drawings individually. To qualify for this discount, The Client must order said package up front. Services such as Architectural Visualisations, Construction/CAD Drawings and Planting Plans are provided on a quotation basis. A quotation will be agreed prior to commencing any project outside the scope of our fixed fee services. For example, if your design isn’t yet finalised or the project is likely to require many changes. Please contact us to discuss your requirements.
10) Payments: Projects shall be paid for by The Client, not a third party. All projects with a value up to and including £500 should be paid for in full prior to commencement of work. For projects with a value greater than £500 a deposit of 50% be paid prior to the commencement of any work. The balance will be paid upon completion. In some cases staged payment might be agreed upon. Payments should be made via the Stripe online payment gateway link sent with your invoice. Paying by card gives you peace of mind and sends us an automatic email notification. No need to let us know you've made your payment. This helps expedite commencement of your project. You might receive automatic payment reminders from the system until the invoice is settled. We accept UK-issued cards with a Visa, MasterCard, American Express, Maestro, Visa Electron or Vpay logo.
11) Invoices: When an invoice is issued, said invoice is due upon receipt and must be paid no more than seven days from the date on the invoice.
12) Late payments: The Company reserves the right to charge interest on invoices not paid within seven days of date on invoice. Interest will be charged at 10%, compounded weekly.
13) Collection costs: The Company reserves the right to charge all collection costs to The Client. Such costs will be made payable to The Company by The Client on an indemnity basis.
14) Refunds. We will be happy to issue a refund if the initial amount charged is incorrect. I.E. the scope of a project has changed or is cancelled. See item '6) Cancellations' above for more. Said refunds will be placed onto the card used for initial payment.
15) Promotional Discounts. Promo codes/discounts may only be used once per client and may not exceed a discount of £100. Promo codes are non-transferable and cannot be used in conjunction with any other discount. Promo codes can be used for orders placed on or before the date listed alongside the code. If no date is listed the code is valid for a period of ninety days. To redeem a Promo Code the code must be cited with the initial enquiry or order. Discounts cannot be given after a project has been invoiced.
16) Intellectual Property Rights: Ownership and intellectual property rights of material proprietary to The Client shall remain with The Client. The Company may not publish any information or material prepared by The Client without permission. Neither may The Company publish any information nor material regarding The Client or Client’s project. The Client agrees and acknowledges that the copyright and other intellectual property rights regarding any material prepared by The Company are subject to copyright law. Any such material shall be owned by The Company until paid for in full. Drawings/documents prepared by The Company are for the sole use of The Client and can be used in any way The Client chooses (i.e.: for their own sales and marketing purposes). The Company also reserves the right to use any material prepared by The Company for its own marketing purposes. All such material will not bear any information regarding The Client or project. All details and information pertaining to The Clients and Projects of Designs Illustrated will be kept strictly confidential. The Client may request that The Company not publish drawings/documents. Any such request should be made when the order is placed, via email or in the Notes box on the order form. If required The Company will complete a non-discloser agreement (NDA). The Client must provide said NDA.