terms & conditions

The following list describes the typical procurement process with Treefrog design associates Ltd (hereafter Treefrog). The responsibilities of both the client and Treefrog design associates Ltd during this process are outlined. The client should ensure that these are fully understood.

initial client enquiry

The client contacts Treefrog Design Associates Ltd (hereafter Treefrog) with their project requirements.

estimate provided

Treefrog Design Associates Ltd provides an estimate of the costs for the work to be completed. All estimates are valid for 30 days. All estimates are exclusive of VAT and delivery (unless otherwise stated).

approval for work to commence

The client accepts the estimate, gives the go-ahead for the work (normally by returning the signed estimate, but on occasion this can be done by return e-mail). and is invoiced for agreed deposit of the estimated costs.*

client provides material & content

The client must provide all agreed written material, information and images before work commences.

work commences

Upon receipt of payment of the initial invoice Treefrog will commence work on the project and provide visuals. This will allow the client to view and approve the work or to provide feedback.

changes & amendments

All client amends, not previously agreed in the quote will be charged extra at the hourly rate.**

completion

Upon final approval the files will be released/website uploaded. All copyright remains with Treefrog until full settlement of the final invoice.

standard terms & conditions 

estimates

All prices quoted do not include VAT. Prices are based on copy and images supplied electronically. Diagrams, illustration, photography, royalty free images and image manipulation will be charged extra. All estimates are valid for a period of 30 days after which time prices for any external services may need to be reviewed. All prices are based on the information at hand and may be revised should the specification of the work be changed. Estimates are inclusive of an initial briefing meeting, additional meetings and client corrections will be charged at £55 per hour. All quotes are exclusive of couriers, travel, subsistence and delivery unless otherwise stated.

contract

The client's approval for work to commence shall be deemed a contractual agreement between the client and Treefrog. Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts these terms and conditions.

intellectual copyright

Treefrog will hold intellectual copyright of any material, created for the client until payment of the final invoice. At this time it will become the property of the client. Any software or web systems provided as part of the project may be subject to a separate software license agreement. Copyright of all photographic images remains with the photographer or photo library unless otherwise arranged in advance.

cancellation

Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.

payment

Treefrog reserve the right to invoice for any work undertaken that may have a production time in excess of 30 days.

travel time & expenses

All work  estimates include an initial briefing (although this may not always be possible or necessary). Beyond this travelling time to and from customer premises is not generally included in our estimate. Treefrog reserve the right to make a charge for travelling time at our normal consultancy rates. Likewise Treefrog reserve the right to charge for travelling expenses based on 45p per mile. (NOTE: There will be no charges for travelling time or expenses incurred before you give your approval for work to commence).

payment terms

Payment is currently accepted by cheque or bankers draft in UK Pounds Sterling, unless otherwise agreed. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.

payment

Payment of any balance will be due within 7 days of receipt of invoice. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of £50 will be required to have any websites restored.

late payment

Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.

disclaimer of liability for content

Although every effort is made to ensure all artwork is correct at the time of going to print, Treefrog Design Associates do not accept responsibility for any content errors once the proof (Pdf, Cromalin® or Wet proof) has been approved by the client. Treefrog undertakes no liability whatsoever for the content of client's print or websites. Treefrog hereby excludes all liability of any kind for the publication of information of whatever nature on client's websites.

search engine optimisation

Treefrog are not responsible for the client's on-going web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity.

support & maintenance of websites

The website is provided to and accepted by the client as a fully functioning, completed work. Treefrog is not responsible for future support or maintenance. This can be provided upon request and for an agreed fee.

future site problems

Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today's Internet. It is highly unlikely that these will affect your website, Treefrog  cannot be held responsible for problems that develop on sites after we have handed them over to the client.

disclaimer of hosting liability

For web hosting service hereafter the service.

a) You acknowledge that Treefrog has no control over the information transmitted via the service and that Treefrog does not examine the use to which you put the service or the nature of the information you are sending or receiving. Treefrog hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.

b) Treefrog utilises third party servers and undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus.

c) Treefrog is not in any way liable in contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.

d) Treefrog makes no warranty as regards to its services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non deliveries and Service interruptions.

e) All conditions, terms, representations and warranties relating to the services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause f.

f) Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

g) Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services shall be limited to the charges paid by you in respect of the services which are the subject of any such claim.

h) In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

Notes

Should Treefrog waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Treefrog to waive the same clause on any other occasion. By agreeing to these terms and conditions your statutory rights are not affected. Treefrog reserves the right to change or modify any of these terms or conditions at any time.

*A deposit of 50% is required on all design work before work can commence, unless otherwise agreed in advance.

All print orders must be paid in advance unless otherwise agreed in advance.

All websites require a 25% payment in advance, 25% payment upon design sign off, with the remainder payable upon completion of programing.

**Current hourly rate charges for client amends @£55 per hour exc VAT.