"Creatively Minded Design - Terms and Conditions"

Web Site :
These terms of use govern your use of CMD (CREATIVELY MINDED DESIGN)'S website; by using CMD's website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use CMD's website.

Sales of Goods/Services :
These terms govern CMD's sales of goods/services; by signing a contract with CMD you accept these terms in full. By making a verbal or written agreement including that by post, email or text message with CMD you accept these terms in full.

Licence :
Unless otherwise stated, CMD own the intellectual property rights of the website, newsletter and material on the website, newsletter and all other Marketing Materials relating to CMD. All these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not :
(a) republish material / copy or designs from this website or from other Marketing Materials relating to CMD. (including republication on another website) without our written permission.
(b) sell, rent or sub-license material from the website or from other Marketing Materials relating to CMD.
(c) show any material from the website other Marketing Materials relating to CMD in public.
(d) reproduce, duplicate, copy, take credit for or otherwise exploit material on CMD's website or other Marketing Materials relating to CMD for a commercial purpose or any other reason.
(e) edit or otherwise modify any material on the website or other Marketing Materials relating to CMD.
(f) redistribute material from CMD's website or other Marketing Materials relating to CMD except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed with our written permission.

Acceptable use :
You must not use CMD's website or other Marketing Materials relating to CMD in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website/marketing material or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use CMD's website or other Marketing Materials relating to CMD for any purposes related to your own marketing or that of another business or organisation without our express written consent.

User / Third Party generated content :
In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to CMD for whatever purpose.
You grant to CMD a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to CMD's the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or CMD or a third party (in each case under any applicable law). You are responsible for the validity, authenticity and authorisation for the use of all text, images, audio material, video material and audio-visual material. You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. CMD reserve the right to edit or remove any material submitted to our website or other Marketing Materials relating to CMD, or stored on CMD's servers, or hosted or published upon CMD's website.

Copyright :
Please note that all artwork, designs and concepts prepared and created by CMD are copyrighted to CMD pending payment in full as per the contract signed. CMD hold the intellectual design rights to any work carried out and may use artwork and designs in whole or in part for the purpose of self promotion. It is a breach of copyright for any artwork, designs or concepts prepared or created by CMD to be used in whole or in part prior to settlement of payment terms without CMD's written consent or for any client or third party to take credit for CMD's design work or the implication thereof. These terms still apply to any complimentary element of artwork. Some work may contain a credit in the form of CMD's company name or imprint at our discretion and in a format that does not detract from the design.

Artwork :
CMD shall provide the client with artwork and designs to the specifications set out in the brief and bound by the contract signed and in accordance with set terms and conditions. Artwork and designs offered and supplied by CMD shall be CMD's own work prepared and created with regard to the contractual requirements of the client brief. Artwork is to be provided in the formats set out in the brief and contract. The provision of artwork in additional formats may be charged for. If any elements provided or requested by the client are not the property of the client then the client is responsible for obtaining all rights and permissions to reproduce them in whole or in part and takes full liability for any consequential unauthorised use thereof. Any elements provided by the client should be of a high resolution and in a suitable format for use. Any which are not of a high resolution or clarity and therefore effect the quality of the artwork or design may be rejected by CMD as the quality of the finished visual is of utmost importance to CMD. If the client does not provide a suitable replacement element and wishes CMD to use the original then CMD can take no responsibility for the quality of the finished visual. In some cases it may be possible to recreate an element the client wishes to use however this will be fully chargeable if it is not part of the initial brief. Elements supplied by the client must be in the format requested by CMD.

Unlimited Revisions Policy :
CMD offer an unlimited revisions policy to ensure the client is completely satisfied with the designs without running the risk of extra charges for amendments. Please note that the unlimited revisions are offered so long as requested amendments are within the constraints of the valid brief and contract. If changes are required outside the requirements of the brief then extra costs in line with the new requirements will be fully chargeable. CMD are very understanding and will try to accommodate all the needs of the client with minimum costs in mind and in some cases may not charge extra for changes even outside the brief however this is dependent on the nature of work involved and is wholly at our discretion. If new requirements are announced after CMD have commenced research or design to a degree we would consider as considerable then it may be necessary to draw up a new brief and contract. In this instance the client would be fully liable for the costs as originally contracted and payment must be politely requested. Pending payment, a new brief and contract could then be drawn up and instigated. In cases where only part of the original contracted work which is no longer required has been commenced by us then at our discretion and in good will CMD may only seek part of the costs originally contracted so long as a new contract is being signed. A small admin charge may be applied for writing off the original contract.

Artwork Approval (proofs) :
Proofs are provided to give the client the opportunity to proof read and check all designs and artwork prior to print or production. CMD strongly suggest that time is taken to carefully check and consider all aspects of the work at this point as it is a requirement to sign artwork approval documents which are binding. After Artwork Approval documents are signed any amendments will be fully chargeable and all liability for mistakes to spelling etc. remain with the client. Please note that all proofs are provided for preview purposes only and any copying of proof artwork is prohibited as all rights remain with CMD pending payment in full.

Time scales :
CMD endeavour to meet all required deadlines for the estimated completion of work. Taking into account the requirements of each individual brief work will be completed in a time scale which is reasonably practicable given CMD's multiple client commitments at any one time and CMD always try to give accurate estimated lead times. Please note CMD cannot take liability for any delays caused by either the client, any third party or unforeseen contributory factors of any sort.

Third Party Print and Production :
CMD cannot take liability for delays damage or loss as a result of any third party print or production service used, including services organised by CMD for any particular job and sold to the client as a finished product / design and print inclusive price. Time scales and other relative information given to CMD by such third parties will be passed on to the client in good faith. Please note that CMD cannot be held responsible for any colour variations in print which occur due to the print process. If print is provided as part of a contract and it is deemed unsatisfactory by the client due to colour variation or finishing, the full agreed fees and balance must still be paid by the client to CMD. CMD shall endeavour to negotiate a positive outcome to any such problem with any third party / printer. CMD shall not be liable for any reprint costs or other costs incurred as a result of any delay in the provision of satisfactory print for whatever reason.

Delivery :
CMD cannot take liability for delays or consequential damage or loss as a result of any courier or delivery service used. Time scales given to CMD by such third parties will be passed on to the client in good faith.

Payment :
All quotes are valid for 28 days only unless otherwise stated. Payment terms shall be laid out in the contract and must be adhered to. A breach of payment terms will result in the contract being broken by the client. Work may then cease pending payment of the full contract fees. Work may or may not continue after full payment has been received depending on the circumstances of the case. CMD shall endeavour to maintain a good working relationship with all clients and would hope to resolve all matters swiftly and amicably. In circumstances where this is not possible CMD may take legal action against the client to recover money due and other reasonable associated costs. In cases where a deposit or split payment is payable then work shall not commence or recommence until the appropriate payment is cleared with CMD. In most cases fees will be due in advance of work commencing. In cases where payment or split payment is due after the completion of work or upon artwork approval, all fees due must be paid within 14 days of the notification of completion of work whether by phone, text, email or in writing. If the fees due are not paid after 14 days CMD will make reasonable efforts to resolve the issue with the client during at least a 14 day period. If these attempts do not result in payment terms being adhered to then the client will be in breach of contract with CMD.

Limited warranties :
Whilst CMD endeavour to ensure that the information on this website or other Marketing Materials relating to CMD is correct, CMD do not warrant its completeness or accuracy; nor do CMD commit to ensuring that the website or other Marketing Materials relating to CMD remains available or that the material on the website or other Marketing Materials relating to CMD is up-to-date.

Limitations of liability :
(a) to the extent that the website or other Marketing Materials relating to CMD and the information and services on the website or other Marketing Materials relating to CMD are provided free-of-charge, CMD will not be liable for any loss or damage of any nature
(b) CMD will not be liable for any consequential, indirect or special loss or damage
(c) CMD will not be liable for any loss of profit, income, revenue, anticipated savings, anticipated income, contracts, business, goodwill, reputation, data, or information
CMD will not be liable for any loss or damage arising out of any event or events beyond CMD's reasonable control

Indemnity :
You hereby indemnify CMD and undertake to keep CMD indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by CMD to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by CMD arising out of any breach by you of any provision of these terms, or arising out of any claim that you have breached any provision of these terms of.

Breaches of these terms of use :
Without prejudice to CMD's other rights under these terms of use, if you breach these terms of use in any way, CMD may take such action as CMD deem appropriate to deal with the breach, including suspending all work including that which is under contract pending full payment of the fees due including any additional charges which may have been occurred and consequential legal action.

Breach of / Void Contract :
The Brief and Contract are in place to establish and protect the rights of both CMD and our Clients. CMD endeavour to provide our clients with both excellent design and customer service. If the client for some reason does not adhere to our reasonable terms and contract as set out then a Breach of contract will occur. In this instance the contract will be deemed Void and the full fees as contracted will be due. All fees and any additional costs relative to the contract and pursuing of fees will be sought. In extreme cases legal action may be taken against the client to recover such costs. All work will remain with CMD copyrighted to CMD for the duration of disputes. In the case of a client breaching payment terms CMD shall be open to reasonable discussions to renew payment terms within a period of 14 days from the breach. If the client does not respond to CMD's reasonable requests to agree renewed payment terms then the contract will be considered void and breached by the client. In this case all work will cease and all rights will remain with CMD. The outstanding fees will be due in full. If the client still wishes to obtain the work done by CMD under the broken contract or any further work, then a new contract will be drawn up. This new contract may reflect the increased / variable costs of a new quote based on CMD's pricing structure at the time of the renewed contract being drawn up. Any offers and discounts previously offered for work under the prices of the breached contract may no longer be applicable. Any money under a new contract will be due in full in advance in cases where the client has previously been in breach of agreement with CMD.

Contract :
Once a contract or invoice has been sent to a client (via post as a printed contract or email including pdf contract) by CMD and the client has then made an initial payment whether in full or as a deposit or as an agreed split payment then the contract is seen as valid. In taking up a valid contract with CMD the client agrees to and must adhere to all CMD's Terms and Conditions including those relating to artwork specifications and payment terms in accordance with the valid contract. Should the client wish to cancel a valid contract before any form of work has been commenced by CMD then a Cancellation fee of £35 will be charged. Should the client wish to cancel a valid contract when any form of work has already been commenced by CMD then this will be seen as the client breaking the agreed contract and CMD shall seek the full amount of the contract value (plus any relevant additional charges). In some cases CMD may only seek a £35 cancellation fee and up to 75% of the outstanding monies of the valid contract. The amounts due will be calculated depending on the circumstances of each individual case and decisions will be at the discretion of Creatively Minded Design. CMD's decision will be final. Once a contract has been cancelled by a client any work started whether at research/concept stage or design visual/artwork stage will remain with CMD and all the rights to the work completed by CMD will be held by CMD.

Our Guaranteed Service :
Under contract CMD guarantee to provide the design services relating to the contract and brief. CMD aim to produce the design work within an estimated time scale (which may be subject to some variance due to circumstances beyond CMD's control).
CMD guarantees that we will treat our clients with respect and courtesy and endeavour to satisfy the requirements of the contract and brief maintaining a high level of client care.
In cases where design work is delayed or interrupted due to dispute, third party involvement, illness or any unforeseen circumstances or circumstances beyond CMD control, CMD shall endeavour to complete work as contracted and to satisfy the contract and brief as soon as is reasonably possible. CMD shall endeavour to notify the client of any such circumstances as soon as is reasonably possible.

Variation :
CMD may revise these terms of use from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

Entire agreement :
These terms constitute the entire agreement between you (a user of the www.creativelyminded.com / www.creativelyminded.co.uk, a current or former client of CMD) and CMD and supersede all previous agreements in respect of terms and conditions.

Law and jurisdiction :
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the jurisdiction of the courts of England and Wales.

Our details :
The full name of our company:
CREATIVELY MINDED DESIGN.
Our address:
The Creative Design Studio,
Tree House, 10 Lea way
BearCross, Bournemouth, BH11 9NF
email : design@creativelyminded.co.uk