TERMS & CONDITIONS
"The Client" shall refer to the couple or individual who are requesting goods or services from Deabill & Quince, specialist branch of holding company The Brand New Studio LTD. All invoices and legal matters will be dealt with by The Brand New Studio LTD as the legal registered company on behalf of Deabill & Quince in all cases.
1.1 Most projects are delivered to a fixed design fee charging additional print and material costs as agreed throughout the process. If otherwise Deabill & Quince operate on an hourly basis depending on the job in hand. Our standard charge is £50 per hour, £300 per day.
1.2 Due to the small team (one man!) Deabill & Quince on behalf of The Brand New Studio LTD will charge for large expenses (flights, overnight stay, long distance travel, over 100 miles drive) in addition to any fixed fee but will detail these within the fee proposal for budgeting purposes.
1.3 Deabill & Quince on behalf of The Brand New Studio LTD will supply all documentation and artwork produced as digital files for proofing before final print, for an additional fee a print proof will be issued. For fixed fee proposals Deabill & Quince will 'add up' to a 10% markup for the cover of all materials, consumables, travel, subsistence, documentation presentations, proof reading and any external source purchased directly for that job.
1.4 All design costs are based on the bespoke design and creation of invitations, prices are individually considered at initial meetings and can differ from client to client depending on the required work content.
1.5 Any additional costs including printing, additional materials, envelopes, ink stamps, fabrics, wood, porcelain and clay, paper and card, stickers and any other additional item are charged separately to the design fee proposal. Deabill & Quince and The Brand New Studio LTD will endeavour to give precise guideline costs for these items at proposal stage to aid The Client in budgeting.
2 Design rights
2.1 All design rights remain the intellectual property and copyright of Freya Deabill at The Brand New Studio LTD.
2.2 Unused initial concepts and sketches will remain the property of The Brand New Studio LTD unless otherwise agreed.
2.3 No design concepts shall be shared with any third parties until the formal agreement has been signed by The Client regarding each specific phase of works.
2.4 Deabill & Quince on behalf of The Brand New Studio LTD may reproduce any completed work and concepts in the public media and on its own website with the understanding that it will be referenced to The Client as one of its partners or clients (current or former as the case may be).
2.5 All design working files remain under copyright of The Brand New Studio LTD – no work can be amended or altered for additional uses under any circumstances by The Client without prior written consent by Deabill & Quince & The Brand New Studio LTD. This includes any publishing, digital or retail work.
3 Abortive work
3.1 The following cancellation fees will become payable by The Client to The Brand New Studio LTD for termination of the contract at any stage ;
Contract value up to £500.00: 50% of remaining cost
Contract value £500.00 and over: remaining 25% of the total project cost
3.2 Any changes to the brief, delivery, requirement, timescale and scope of work will result in a review of the fee proposal.
3.3 If for any reason Deabill & Quince decide to terminate the contract at any point due to a breakdown in Client / Business relationship then Deabill & Quince will refund any deposits paid minus any percentage for works and time carried out on that date. These will be reviewed on a job by job basis.
3.4 If The Client decides at any point to terminate the contract due due to a breakdown in Client / Business relationship then any deposit paid will be reviewed on a job by job basis and any refunds will be made in goodwill based on works and time carried out on that date.
3.5 If a Client decides to terminate a contract after any printing has commenced, The Client is responsible for covering any costs incurred in full.
3.6 If a contract has to be terminated or postponed due to unforeseen circumstances out of their control (illness, closure of venue, global pandemic etc..) then Deabill & Quince will work with The Client to refund any fee's possible or will honour the contract for a new wedding date
3.7 Clients are also covered by The Consumer Rights Act
3.8 If your wedding or event date has to change due to unforeseen circumstances (illness, closure of venue, global pandemic etc..) then Deabill & Quince will honour the initial proposal unless there is a substantial change to details. This will be discussed on a job by job basis.
4 Additional work
4.1 If Deabill & Quince is required to perform additional services on behalf of The Brand New Studio LTD in relation to the project outside the scope of the confirmed brief by reason of any alterations or modifications in the project required by The Client or by reason of any change in laws or regulations affecting the project or any other circumstances outside the control of The Brand New Studio LTD then, to the extent that the same shall not have been occasioned by the negligence of The Brand New Studio LTD. The Brand New Studio LTD will produce a revised fee proposal or additional charges proposal to be agreed by The Client before the remainder of the project is continued.
4.2 Any requests made by The Client for changes to the design after sign-off approval and not made in accordance with the confirmed brief will be charged on a quantum merit basis at The Brand New Studio LTD's standard hourly rate together with expenses, unless otherwise agreed in writing.
5 The Client's responsibilities
5.1 The Client shall:
i) Make timely payment of all sums due to The Brand New Studio LTD, for which time shall be of the essence.
ii) Supply to Deabill & Quince without charge, all relevant and necessary data and information in the possession of The Client or it's servants, agents, or sub-contractors to allow Deabill & Quince to provide the services and The Client shall give and shall procure that such persons give such assistance as shall be required by Deabill & Quince in the performance of the services.
iii) Ensure that any approved design complies with the laws of the country for which it is intended, and does not infringe the rights of any third party.
iv) Ensure by way of suitable tests that any products manufactured from any approved design shall be safe and without risk to the person or property of the user when properly used.
v) In circumstances where The Client's consent is required in writing or otherwise, deal with any request for consent expeditiously and shall not unreasonably withhold or delay such consent.
vi) Approve all drawings, artwork and designs prepared by Deabill & Quince prior to the printing and manufacture of prototypes, invitations, stationery or any other printed material before and/or after the commencement of production layout compatibility and ensure that all tolerances are in accordance with the Client's specifications. Deabill & Quince shall not be liable for any costs resulting from the Client's failure to carry out such checks.
vii) Advise Deabill & Quince on behalf of The Brand New Studio LTD of all relevant and necessary company standards.
viii) The Client is responsible for communicating and responding in good time with a professional approach when responses to design work or sign off is required. Any delay in communication will result in a delay to your stationery being completed and delivered, and if there is a breakdown or lack of in communication for a long period of time then the contract may be terminated by Deabill & Quince due to the change in timescales on contract.
ix) Based on The Consumer Rights Act 2015 30 days is a considerate length of time to request any communications. If there is a breakdown for any longer than 30 days without mutual acceptance then Deabill & Quince will be within rights to terminate the contract.
6 Payment terms
6.1 Unless otherwise stated payment is due before final printed invitations and stationery are delivered, and after sign-off is completed. All invoices are payable within 30 days of receipt of the sign off document.
6.2 Deabill & Quince and The Brand New Studio LTD reserve the right to charge interest for late payment of invoices at 1.5% per month payable from the date of the invoice.
6.3 Payment from overseas is required in pounds sterling by cheque, cash or BACS. When payment by BACS is agreed final artwork will not be released until funds are received by the nominated account (to be advised). If PayPal is used the FULL amount of the invoice must reach Deabill & Quince after taxes and Paypal charges. Any difference will be charged separately.
7 Wedding Specifics
7.1 Deabill & Quince and The Brand New Studio LTD are not responsible in any way, unless otherwise agreed in writing, for any displays or setup of I'tem's supplied' on the wedding day or days leading up to the wedding.
7.2 Deabill & Quince will supply all content and items in good working quality as agreed with The Client in good time before the wedding.
7.3 Once postage of goods has been confirmed as received by The Client Deabill & Quince are no longer responsible for the storing or transportation of any supplied goods.
7.4 Deabill & Quince and The Brand New Studio LTD are not responsible for any other items on the wedding day which have been supplied by additional third party groups, individuals, suppliers or events managers etc...