TERMS & CONDITIONS.
1.0 Estimates and payment terms
1.1 Any proposed fees are given as an estimate of the likely costs involved in carrying out the project. However, additional fees and outside costs may be incurred as a result of further briefing and all other factors that may affect fees.
1.2 Unless otherwise stated within the estimate, all authors’ amendments, i.e. changes to content, design and initial brief, will be charged as extras. This includes additions to initial brief as estimated.
1.3 All fees are subject to sight of final content, brief and price rulings at the time of completion of the project.
1.4 Fees and outside costs will be invoiced as incurred on a monthly basis. If a project is discontinued for whatever reason, Firefly Branding Ltd. reserves the right to charge fees and outside costs payable in full for the work completed in which case fees will be calculated on an hourly basis in accordance with the hourly rates agreed at commencement of any project and/or set out in our Retained Services Agreement. If the Client does not progress a job for more than 90 days (i.e. does not respond to a visual design proposal or proof), Firefly Branding Ltd. reserves the right to invoice for the work carried out and any expenses incurred.
1.5 Invoices must be paid within 30 days from date of invoice. Firefly Branding Ltd. reserves the right to charge interest of 8% per month on overdue accounts.
1.6 Payments should be made from a UK bank account by direct bank transfer in GBP to the bank account details provided on the invoice. Other payment methods or payments in other currencies or from non-UK accounts must be agreed in advance and may incur an additional fee.
2.0 Proof reading
It is the Client’s responsibility to check proofs for errors in copy and content at all stages and to make sure that final proofs are correct before going to press, including attending production if necessary. Even if the text is supplied electronically (i.e. on disc or via email) it is still the Client’s responsibility to check all text on the proof for errors that may have occurred subsequently. Firefly Branding Ltd. will check artwork and proofs for layout and reproduction standards only.
3.0 Print management
3.1 Print management, where relevant, covers supplying print quotations, contracting a printing company for the project, delivering artwork to the printer and liaising with the printer to the satisfactory completion and delivery of the project.
3.2 Firefly Branding Ltd. cannot guarantee delivery dates from third parties. All goods and services from third parties are subject to their own terms and conditions, a copy of which can be supplied upon request.
3.3 It is the Client’s responsibility to check that the quantity of documents delivered meets the quantity ordered. Firefly Branding Ltd. must be informed of any discrepancy by 5pm of the next working day following delivery.
3.4 Where a Client chooses to manage the printing of a project themselves, Firefly Branding Ltd. cannot be held responsible for any problems during the process.
4.1 Following completion of the development stage, it will be the Client’s responsibility to add/edit all content. Editor account details will be supplied to the Client on completion of a project to facilitate content addition, editing and testing.
4.2 Compatibility testing undertaken by Firefly Branding Ltd. will be limited to the latest versions of Chrome, Firefox, Safari, Internet Explorer and Edge browsers on Windows (7, 8, 10), Mac OS X (10.11), iOS (9.0) on iPad only and Android (5.0, 6.0) on tablets only. It will be the responsibility of the Client to organise any additional user testing at the end of the development phase. Bugs should be reported via the supply of a single consolidated document, formatted as a numbered list. All bug-fixing work will be undertaken without additional charge, provided it falls within the post-completion support period.
4.2 All online projects including all websites and microsites designed and / or built by Firefly Branding Ltd. are required to feature a link in the footer to the Firefly Branding Ltd. website to maintain a point of contact.
5.1 It is the Client’s responsibility to ensure that copyright is not infringed through the use of any materials they supply to Firefly Branding Ltd.
5.2 Images purchased or commissioned by Firefly Branding Ltd. for the Client are subject to the terms and conditions of the supplier, a copy of which can be supplied upon request.
5.3 Under the terms of the 1989 Copyright Act, the right of use to any work produced by Firefly Branding Ltd. or subcontractors is only transferred after full payment of the invoice is received by Firefly Branding Ltd. However, Firefly Branding Ltd. reserves the right to use material we have designed or produced in our own publicity and for marketing purposes (i.e. our portfolio, whether in hard copy or electronic).
5.4 Tenders and bids are likely to contain design innovations and the intellectual property rights over these remain the property of Firefly Branding Ltd. The design innovations proposed by Firefly Branding Ltd. remain confidential and must not be revealed to other bidders.
6.0 Archiving work
Whilst Firefly Branding Ltd. endeavours to archive all work electronically, we cannot guarantee that all files are retrievable for future use. Firefly Branding Ltd. cannot accept responsibility for lost or corrupt files. When older files are re-used, the time taken to convert them to current data formats will be charged at our hourly rate as agreed and/or set out in our Retained Services Agreement.
No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties.
8.0 Choice of Law
Our Contractual Agreement and/or our Retained Services Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scots law. The parties irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
9.0 Firefly Goody Bag Competition
9.1 The promoter of the Designer Goody Bag Competition is: Firefly Branding Ltd, Ocean Point One, 94 Ocean Drive, Edinburgh, EH6 6JH (company no. SC532209).
9.2 The competition is open to residents of the United Kingdom, excluding employees of Firefly Branding Ltd.
9.3 There is no entry fee and no purchase necessary to enter this competition.
9.4 Route to entry and details of how to enter the competition can be found on Firefly’s Instagram page: @fireflydesignagency.
9.5 Closing date for entry will be Thursday 28 November 2019. After this date, no further entries to the competition will be permitted.
9.6 No responsibility can be accepted for entries not received for whatever reason.
9.7 The rules of the competition and how to enter are as follows:
> Follow @fireflydesignagency on Instagram.
> Comment on one of the three photos, tagging three friends you think would like to enter to win the goody bag.
> All entrants will be entered into the prize draw and be in with the chance of winning the goody bag.
9.8 The prize on offer to those who enter is a designer goody bag including an Undercover A3 recycled leather portfolio, ‘Logo: The Reference Guide to Symbols and Logotypes’ book by Michael Evamy, a Pantone notepad, three Moleskine squared journals, an A3 cutting mat, two steel rulers, 24 Sharpie fine permanent markers, 12 Staedtler 2H pencils and two Staedtler mars pencil erasers.
9.9 There is one prize to be won. The prize is as stated and no cash or other alternatives will be offered.
9.10 The prize is subject to availability and we reserve the right to substitute it with another of equivalent value without giving notice.
9.11 The winner will be chosen at random by software from all correct entries received and verified by Firefly Branding Ltd.
9.12 The winner will be notified by direct message on Instagram within 28 days of the closing date and will be asked to provide their full name and address. If the winner fails to respond within five working days of this notification, a redraw will take place from the remaining valid entries to select a new winner.
9.13 The promoter will notify the winner when and where the prize can be collected or delivered.
9.14 The promoter reserves the right to use and feature the name of the Designer Goody Bag winner for publicity purposes across social media.
9.15 Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party.
9.17 This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, LinkedIn or Twitter.
9.18 Firefly Branding Ltd reserves the right to cancel the competition if circumstances arise outside of its control.
9.19 By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
HOW CAN WE HELP YOU?
If you would like to find out more about Firefly and how our ideas, experience and creativity could make a real difference to your business please call us on:
+44 (0) 131 510 8260 or fill in the form below