GENERAL
All work is carried out by The Fox in the Attic on the understanding that the client has agreed to The Fox in the Attic’ terms and conditions. Copyright is retained by The Fox in the Attic on all creative design work including all illustrations and bespoke designs unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one option is deemed to be given by The Fox in the Attic as fulfilling the contract. All other designs remain the property of The Fox in the Attic, unless agreed in writing that this arrangement has been changed.
PROJECT ACCEPTANCE
At the time of proposal, The Fox in the Attic will provide the client with a written estimate or quotation. The client may send an official order in reply to the estimate or quotation, or an email acknowledging acceptance of the quotation, which binds the client to accept The Fox in the Attic’ terms and conditions. No work on a project will commence until acceptance of the quotation has been received by The Fox in the Attic.
PAYMENT
Existing Designs: Clients will receive an invoice once finalised item quantities have been decided by the client. A 50% deposit must be paid before the design process can begin.
Illustrated and Bespoke Designs: Clients will receive an invoice for the agreed design fee. The 50% deposit must be paid in full prior to any design work commencing on the project. Another invoice will be issued at a later date once finalised item quantities have been decided by the client. Full payment of this invoice must then be made prior to the high res files being sent.
COPYRIGHTS AND TRADEMARKS
By supplying text, images and other data to The Fox in the Attic for inclusion in the client’s designs or other mediums, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. Any illustrations, designs, or text supplied and/or designed by The Fox in the Attic on behalf of the client, will remain the property of The Fox in the Attic and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988. The client may request in writing from The Fox in the Attic the necessary permission to use materials (for which The Fox in the Attic holds the copyright) in forms other than for which it was originally supplied, and The Fox in the Attic may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforementioned illustrations, artwork, images, text, or other data to be used. By supplying images, text, or any other data to The Fox in the Attic, the client grants The Fox in the Attic permission to use this material freely in the pursuit of the design. Should The Fox in the Attic or the client supply an image, text, audio clip 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 The Fox in the Attic to remove and/or replace the file. The client agrees to fully indemnify and hold The Fox in the Attic 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.
ALTERATIONS
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The client also agrees that The Fox in the Attic holds no responsibility for any amendments made by any third party before or after a design is published.
LICENSING
Any design, illustration or idea created for the client by The Fox in the Attic, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of The Fox in the Attic. All design work – where there is a risk that another party may make a claim – should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. The Fox in the Attic will not be held responsible for any and all damages resulting from such claims. The Fox in the Attic is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold The Fox in the Attic responsible for any such loss or damage. Any claim against The Fox in the Attic shall be limited to the relevant fee(s) paid by the client.
RIGHTS OF REFUSAL
The Fox in the Attic will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. The Fox in the Attic also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that The Fox in the Attic does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the client is obliged to allow The Fox in the Attic to remove the contravention without hindrance, or penalty. The Fox in the Attic is to be held in no way responsible for any such data being included.
CANCELLATION
Cancellation of orders may be made by telephone contact or email. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of placing the order. Any outstanding fees due must be paid within 21 days. Please note: any cancellation which is not formally confirmed in writing and received by The Fox in the Attic within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
PROJECT DURATION
Any indication given by The Fox in the Attic of a project’s duration is to be considered by the client to be an estimate. The Fox in the Attic cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by The Fox in the Attic for the initial payment or by date confirmed in writing by The Fox in the Attic.
REFUNDS
Due to the personalised nature of the products, it is not possible to return orders for a refund. In the event of an order being produced to the wrong order specification or not to an acceptable standard, The Fox in the Attic may (at our discretion) redo the order free of charge. Any errors must be reported via e-mail to michelle@thefoxintheattic.com within 7 days of receipt of order. Please make sure to include the relevant invoice/reference number in the subject line. The Fox in the Attic also require a sample or photographic evidence of the issue. If an order is delivered with damage to the packaging, please accept the delivery from the courier and write on the document provided that the order has been accepted subject to checking the contents. Once verified that damage has occurred to the item/s inside the package, please contact michelle@thefoxintheattic.com with photographic evidence.
FEES AND ADDITIONAL COSTS
Fees shall be agreed prior to commencement of work and will be payable in advance of any design work commencing. Failure to meet payment terms will result in withdrawal of design services by The Fox in the Attic.
