Terms of Service
The following Terms and Conditions of Service apply to all services provided by Emblem Factory. All services (“WORK”) is carried out by Emblem Factory on the understanding that you (the “CLIENT”) has agreed to these Terms and Conditions.These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Emblem Factory reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. These terms are freely available at http://www.emblemfactory.agency/terms-conditions/ Please familiarise yourself with these Terms and Conditions before submitting any order. All work is carried out by Emblem Factory on the understanding that the client has agreed to these Terms and Conditions.
Emblem Factory agrees to produce the Work at the request of the Client for fees agreed upon in advance or by hourly rate, and delivery of the Work by an agreed-upon deadline.
The placement of an order for design and/or any other services offered by Emblem Factory, or acceptance of an estimate must be sent in writing (email or letter). Alternatively, the Client may send an official purchase order in reply to the estimate. Either form of confirmation binds the Client to accept Emblem Factory’s Terms and Conditions and it is deemed that a contract of business is in effect when asked to carry out any Work for the Client. No work on a project will commence until either confirmation has been received by Emblem Factory.When not agreed in advance, services will be charged at an hourly rate.
New Clients will be required to pay 50% in advance (payable before project commences) and 50% upon completion of project, due within 14 days of invoice. A project will not commence until the deposit is paid and is cleared funds. You will be invoiced in advance for this.For all projects (inclusive of existing Clients), where an estimate is above 1000€, 50% will be payable in advance and 50% upon completion.
If the parameters of the Work change, or if it involves more time than estimated, Emblem Factory will inform the Client and they can renegotiate the Work’s cost.Upon acceptance of the Work, the Client accepts responsibility for any further processes in which this work is used (e.g. printing, etc.) Emblem Factory is not responsible for errors occurring in this work or projects related to this work after approval and acceptance of the Work by the Client.The Client also agrees that Jemma Pentney holds no responsibility for any amendments made by any third party, before or after a design is published.
Final project payment is due within 14 days of date of invoice. Payments should be made by bank transfer. Payments made by cheque must be previously agreed and may be subject to an administration charge.
Emblem Factory reserves the right to charge statutory interest under the late payment legislation on overdue balances.
Emblem Factory is responsible for the payment of all government taxes with respect to the services she performs for the Client as an independent contractor.
Copyright and/or Trademarks
All artwork designs created by Jemma Pentney during a project are original.
Any artwork, words/text, pictures, ideas, images, visuals or illustrations supplied and/or designed by Emblem Factory on behalf of the Client, will remain the property of Emblem Factory and/or her suppliers until paid for in full. The Client may request in writing from Emblem Factory, the necessary permission to use materials (for which Emblem Factory holds the copyright) in forms other than for which it was originally supplied, and Emblem Factory may, at her discretion, grant this.
By supplying artwork, words/text, pictures, ideas, images, visuals, illustrations or other data to Emblem Factory for inclusion in the Client’s design or other medium, the Client declares that it holds the appropriate copyright and/or trademark permissions and grants Jemma Pentney permission to use this material freely in the pursuit of the design. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.
Should Emblem Factory, or the Client supply an image, text, or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will agree to allow Emblem Factory to remove the file. The Client agrees to fully indemnify and hold Jemma Pentney free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and/or any other necessary permissions.
The Client agrees to exercise due diligence in its direction to Emblem Factory regarding preparation of materials. The Client is responsible for all trademark, copyright and patent infringement clearances and is responsible for arranging, prior to publication or project release, any necessary legal clearances, licenses, usage or royalty payments.
Due to the complexities of international copyright and trademark law, Emblem Factory will not be held liable should the Client be found to be infringing on an already existing copyright, trademark or service mark relating to a project for the Client.
Exclusion of Liability
Under no circumstance shall Jemma Pentney be liable for losses or damages your business may suffer; whether indirect or
consequential loss including loss of profits, damage to property or wasted expenditure. Without prejudice to the other provisions of these conditions, Emblem Factory’s liability shall not exceed the total of the contract fees for the project. The fees for any project are based on the assumption that the liability of Emblem Factory and the Client are as written in these Terms and Conditions.
Emblem Factory makes no warranties of any kind, expressed or implied for services she provides.
Errors and Omissions
It is the Client’s responsibility to check proofs carefully for accuracy in all respects including but not limited to prices, spelling, and dimensions. Emblem Factory is not liable for errors or omissions. The Client’s written approval of an artwork proof, will be taken as confirmation that the project is correct and complete.
Emblem Factory acknowledges that she may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Jemma Pentney agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Jemma Pentney before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Emblem Factory can display materials and final work created for Client on Emblem Factory’s website (http://www.emblemfactory.agency). If necessary, agency work will be referenced as so.
Withdrawal of Services & Termination of Contract
Both parties understand that Emblem Factory or the Client may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written cancellation, the 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 Emblem Factory. In the event of cancellation, Jemma Pentney retains ownership of all copyrights and original work created.
Under normal contractual service circumstances, Emblem Factory provides no warranty or accepts any liability for any data either lost or damaged which is stored on any of Emblem Factory’s or Client’s equipment. It is the responsibility of the Client to keep security copies of information. Emblem Factory is not responsible for backing up your data and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Emblem Factory cannot guarantee to be able to replace lost data.
Emblem Factory will not be responsible for any damages your business may suffer. Emblem Factory makes no warranties of any kind, expressed or implied for services we provide. Emblem Factory does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Emblem Factory cannot guarantee to be able to replace lost data. Emblem Factory disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Emblem Factory. Emblem Factory reserves the right to revise its policies, Terms and Conditions at any time.
Acceptance of Terms
By signing the supplied contract or a supplied estimate, the Client agrees that they have read, understood, and are considered legally bound to these terms.