Mattish Design Limited—Terms and Conditions

Last updated: July 2015

Mattish Design Limited reserves the right to amend these terms and conditions at any time. These terms have been drawn up principally to protect Mattish Design Limited from bad debts and a compensation culture—we are generally agreeable, understanding and flexible and will be unlikely to strictly enforce all terms and conditions with clients that are also honest, agreeable, understanding and flexible.


Contractual

  1. Having received a brief of requirements from The Client, either verbal or written, Mattish Design Limited will produce a proposal detailing the work to be carried out. The Client must provide confirmation that the proposal is acceptable by email. This will effectively form the basis of the contract and represents agreement to these terms.
  2. This agreement constitutes the entire agreement between Mattish Design Limited and The Client. In making this agreement each party confirms that they have not relied on any inducement not recorded in this agreement.
  3. After consent has been given by The Client to any form of a contract Mattish Design Limited requires two weeks written notice to terminate the contract. Equally Mattish Design Limited will give two weeks written notice if terminating the contract.
  4. Mattish Design Limited is currently not VAT registered.
  5. It is at the discretion of Mattish Design Limited as to who will carry out the work for The Client, in some cases a suitably qualified sub-contractor may be required.
  6. Mattish Design Limited may choose to work on a project remotely or on-site with The Client, depending on what is required. At any time the location can be altered at the choosing of Mattish Design Limited.

Copyright

  1. The Client MUST own copyright, or have reproduction rights, of all artwork, trade names, photographs, and other materials reproduced in The Client’s project. The Client shall indemnify Mattish Design Limited against any costs whatsoever in connection with the ownership of copyright or reproduction rights. The Client shall have full liability for the consequences of the contents of the printed literature, website or other project commissioned.
  2. The Client’s logos, artwork, graphics and photographs remain the copyright of The Client. Design, graphics produced by Mattish Design Limited remain the intellectual property of Mattish Design Limited until full and final payment has been received.
  3. All preliminary work carried out at The Client’s request, whether experimentally or otherwise, shall be charged to The Client.
  4. Mattish Design Limited withholds the right to refuse publication of any content which it sees as being indecent, obscene or offensive towards others.
  5. Proofs of all printed work, and mockups of web designs may be submitted for The Client’s approval and Mattish Design Limited shall not be liable for errors not corrected by The Client in such proofs. The Client’s alterations and additional proofs necessitated thereby may incur additional charges. When style, type, navigation, animation, functionality or layout is left to the judgment of Mattish Design Limited , changes there from made by The Client shall be charged as additional charges. No responsibility will be accepted for any errors, including colour variations, in proofs approved by The Client.
  6. Any designs presented but not used are held for 3 months’ before Mattish Design Limited are able to sell the design work to another company or companies.

Design/code/UX optimisation

  1. Mattish Design Limited will produce and may publish temporarily on the Mattish Design Limited web site a test design for The Client’s approval. The design copyright of the test version shall remain the sole property of Mattish Design Limited. Use of the design/code in any respect without the express written permission of Mattish Design Limited will constitute breach of copyright.
  2. Mattish Design Limited will ensure The Client is aware of the optimisation route, the possible results and in a timeframe to which they can be achieved. Results are estimated and not guaranteed. Actual results will be reported through user tests or A/B tests as agreed with The Client.
  3. Mattish Design Limited will complete the design/code after receiving written confirmation that the design/code proof is satisfactory.
  4. Mattish Design Limited will release final designs or code when payment of the final invoice for the outstanding quotation value is received in full.
  5. Once Mattish Design Limited has received written confirmation that the design/code proof is satisfactory, modifications to the design/code specification will be considered an amendment to the contract. All modifications must be confirmed in writing.
  6. Mattish Design Limited assume The Client has read and understands all points of code functionality as described in either our correspondence, quote, accompanying literature or website.

Proposals

  1. Proposals are valid for 30 days from the date of the proposal. All prices quoted may be subject to change without notice after this period.
  2. Once Mattish Design Limited has undertaken a commission for services, a cancellation fee will apply if the contract is terminated through no fault of Mattish Design Limited. This will be determined by the status of project. If 75% or over is deemed completed an invoice will be levied for the full amount agreed.
  3. Mattish Design Limited will complete the work as agreed in the proposal by any agreed deadline (provided promopt responses from The Client). Exactly when the agreed work is done within that time is chosen by Mattish Design Limited.

Deposits

  1. New clients will be presented with a proforma invoice for the value of the approved quotation.

Payment

  1. Payment is due strictly 30 days from date of invoice.
  2. If a monthly instalment scheme has been agreed, either verbally or written constitutes the entire agreement between Mattish Design Limited and The Client and a 50% upfront payment would be required.
  3. Monthly instalments should be made on the same day of every month. The full invoice must be paid within 6 months of the first month payment. A Standing Order mandate will be issued.
  4. Projects over the value of £500.00 + VAT will require a 50% deposit before work commences.
  5. Failure to settle due/outstanding invoices will mean the debt will be passed on to a third party after 90 days unpaid from date of invoice or 2 months after the 6 month period if on the instalment scheme.

Liability

  1. Mattish Design Limited cannot be held liable for any information contained within The Client’s web site or printed literature. The content of such remains the copyright and intellectual property of The Client. The Client is liable for any reasonable legal costs incurred by Mattish Design Limited caused by the content of The Client’s web site or other project and agrees to indemnify Mattish Design Limited for any awards made by a court of law.
  2. No liability will be accepted for compatibility issues with code or any errors, omissions or failings of software code produced.
  3. Where in the instance that a time scale / schedule has been given, Mattish Design Limited will not be responsible for any money lost to The Client if the deadline is not met.
  4. Should Mattish Design Limited waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Mattish Design Limited to waive the same clause on any other occasion.
  5. This contract shall be subject to British Law. Where it is held that Mattish Design Limited is not entitled to rely on any term in this contract, then Mattish Design Limited may also be allowed to cancel all rights and obligations under this contract, or to hold all other clauses as valid entirely at their sole discretion.