These TERMS & CONDITIONS apply to all works, projects, commissions and relationships carried out between ourselves. By commissioning DragoMedia Ltd (or an employee thereof) to carry out these works you are agreeing to the following terms.
In advance of any work commencing, a formal quote will be issued for your approval (this quote will be valid for 1 month from the date issued).
The quote will be an estimate of hours and/or days based on how long we expect the required work to take (unless we have agreed a fixed fee). It will also include any anticipated expenses that will be incurred and any bought-in and/or subcontracted goods/services. All quotes are inclusive of VAT.
The final cost invoiced will sometimes vary from the original quote supplied. The reasons for this may include (but will not be restricted to):-
- Significant changes made by the client to what was originally agreed and quoted.
- The client causing delay, or disruption to the project and its agreed delivery time scales.
- The client defaulting on the project impacting delivery time scales.
- Unexpected increases in our overheads or expenses required to complete the project.
- Any project related circumstances occurring that are not reasonably within our control.
Prior to any increases in any submitted quote, we will advise you in writing before we continue and before charging further costs.
PAYMENT & INVOICING
One off Projects: On acceptance of the formal quote, you will be required to pay 50% upfront. On receipt of this funding the project will commence. The balance will be payable immediately on completion and acceptance of the project.
Ongoing work: All invoices are payable in full within 30 days of the invoice date.
Interest may be charged on overdue invoices, at a rate of five percent over the base rate of the outstanding balance each month until paid in full. VAT will be added to all charges, and will be included on our invoices.
LEGAL RIGHTS IN THE PROJECT WORK
DagoMedia Ltd will retain all copyright and other intellectual property rights in connection with your commissioned work, unless stated otherwise in the agreed contract; they will belong to us alone. Once your commissioned work is complete and all invoices pertaining to the Project have been paid in full, you will be given the right (referred to as a licence), to use our design work, for the purpose intended of the commission.
It is your responsibility to ensure that you already own the copyright and all other rights or the necessary licence or legal permissions on any work which you supply to be included into the project, so as not to infringe any third party rights. If you do not abide with these obligations to the license of any third party works submitted to us, you accept that you will compensate us for any claims, damages, legal action or expenses we face as a result of your negligence.
The designs may not be modified by you, or any third party without prior agreement. Once agreed, changes may only be made by DragoMedia or under our supervision, at our agreed hourly rate.
Both DragoMedia Ltd and you agree to do everything reasonably possible to protect each other’s confidentiality, and commit to best endeavours to ensure the smooth running of all commissioned works and working relationships. Handing over of any items or materials, are done so at your own risk. We will endeavour to safeguard all items but we are not responsible if they are lost or damaged.
We reserve the right under the following circumstances, that by writing to you, we can cancel any/all commitments we have made;
- If you break or breach any of your obligations within this contract,
- If you significantly change, pause or stop the project whilst it is still in progress.
If you do breach your obligations or if we are forced to cancel our commitments, you will immediately be responsible for paying all contracted costs and expenses that have resulted from us carrying out our contract up to the date of cancellation.
If the project is cancelled, or placed on hold indefinitely, we reserve the right to invoice in full for all the work completed up to that point (at our contracted rate) or for any costs incurred by third party supplies.
If you call a halt to any commissioned works before it is completed, you will have no rights to the copyright licence or similar rights to the work we have done to date and have no right nor can you make use of our work or exploit it in any way. We reserve the right to sub-contract any of the work within your project.