The following Terms and Conditions of Service apply to all products and services provided by Lush Marketing Limited. (Also referred to as Lush Design).
All work is carried out by Lush Design on the understanding that the client has agreed to Lush Design's terms and conditions.
Copyright is retained by Lush Design on all creative design work including campaign advertising slogans, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by Lush Design as fulfilling the contract. All other designs remain the property of Lush Design, unless agreed in writing that this arrangement has been changed.
At the time of proposal, Lush Design will provide the client with a written estimate or quotation. The terms and conditions can be read on the Lush Design website.
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 Lush Design’s terms and conditions.
No work on a project will commence until acceptance of the quotation has been received by Lush Design.
Clients will be invoiced and payment must be received on completion of work, or by the due date terms of the invive. For larger projects, such as website development, we may request a staged payment. This would normally be three equal payments at stages to be agreed with the client. All new clients are required to pay in full prior to Lush Design commencing work, or a 50% deposit if the latter is requested.
Payments will be requested by online transfer (Lush Design only accepts BACS payments). Publication and/or release of work undertaken by Lush Design on behalf of the client may not take place before cleared funds have been received.
Lush Design reserves the right to consider an account to be in default in the event of none payment and will charge an administration fee at the studio rate to reinstate the account.
Account in default
An account shall be considered default if it remains unpaid from the due date of invoice.
Lush Design shall be considered entitled to remove Lush Design and/or the client's material from any and all computer systems, until the amount due has been fully paid.
This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay Lush Design reasonable legal expenses and third party collection agency fees in the enforcement of these terms and conditions.
Copyrights and Trademarks
By supplying text, images and other data to Lush Design for inclusion in the client's website or other medium, 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 artwork, images, or text supplied and/or designed by Lush Design on behalf of the client, will remain the property of Lush Design and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988.
The client may request in writing from Lush Design the necessary permission to use materials (for which Lush Design holds the copyright) in forms other than for which it was originally supplied, and Lush Design may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to Lush Design, the client grants Lush Design permission to use this material freely in the pursuit of the design.
Should Lush Design 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 Lush Design to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold Lush Design 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.
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 studio charge. The client also agrees that Lush Design holds no responsibility for any amendments made by any third party before or after a design is published.
Any design, copywriting, drawing, idea or code created for the client by Lush Design, 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 Lush Design and any of its relevant sub-contractors.
All design work - where there is a risk that another party 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.
Lush Design will not be held responsible for any and all damages resulting from such claims. Lush Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Lush Design responsible for any such loss or damage. Any claim against Lush Design shall be limited to the relevant fee(s) paid by the client.
Rights of refusal
Lush Design will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities.
Lush Design also reserves the right to refuse to include submitted material without giving reason.
In the situation where any images and/or data that Lush Design does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the client is obliged to allow Lush Design to remove the contravention without hindrance, or penalty. Lush Design is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact or e-mail, however, following this, Lush Design will need formal notification in writing to the company's postal address.
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 first ordering. The balance of monies due must be paid by e due date of the invoice. Please note: any cancellation which is not formally confirmed in writing and received by Lush Design will be liable for the full quoted cost of the project.
Any indication given by Lush Design of a project's duration is to be considered by the client to be an estimate. Lush Design 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 Lush Design for the initial payment or by date confirmed in writing by Lush Design. if delays occur due to requirement of the client, the delay is considered the clients responsibility and may result in Lush Design’s studio time being allocated to other projects, this may result in longer project duration.
Lush Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Lush Design will not be held responsible for any and all damages resulting from products and/or services it supplies.
Lush Design is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.
The client agrees not to hold Lush Design responsible for any such loss or damage. Any claim against Lush Design shall be limited to the relevant fee(s) paid by the client.
Lush Design reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their terms and conditions. Lush Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Lush Design and its clients agree to comply with third party’ terms and conditions.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Lush Design, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.lushdesign.biz
An estimate validated by confirmation of approval to proceed with the project by the client by e-mail or in writing constitutes acceptance of the estimate or quotation and agreement to comply fully with all the terms and conditions and forms a Contract for Business between the signatory and Lush Design.
Lush Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
MARKETING CONSULTANCY SERVICES
Responsibility of Lush Design
Lush Design shall perform the services with reasonable skill and care, to a standard to be reasonably expected from a competent and professional supplier of public relations services.
Lush Design agrees with the client to: work diligently to protect and promote the interests of the client at all times; to act loyally and faithfully towards the client in all matters; to advise the client of all its key meetings, discussions and correspondence with representatives of the media concerning the client; and to co-operate where appropriate with any advertising and/or marketing services agencies engaged by the client during the term of engagement.
Lush Design may appoint sub-contractors to perform any of the services. Lush Design shall use reasonable care and skill in the selection and appointment of suppliers and the agreement of the terms and conditions of such appointment.
Responsibility of the client
The client undertakes promptly to provide Lush Design with all information, assistance and materials that Lush Design requests from time to time to facilitate the proper and timely performance of the services.
In particular (but without limitation) the client agrees to: notify Lush Design of any inquiries related to the client from any of the media; advise Lush Design well in advance of any major events in the client’s business such as the launch of a new product or service and/or the opening of any new premises; and to permit Lush Design (by its representatives) to attend meetings, when reasonably necessary, with any advertising and/or marketing services agencies and other advisers engaged by the client.
The client warrants that to the best of its knowledge and belief, all information provided by it to Lush Design is accurate and complete. The client agrees not to liaise directly to any reasonably significant extent with any representative of the media other than through or with the knowledge of Lush Design.
Fees and additional costs
Fees shall be agreed prior to commencement of work and will be payable on invoice on our standard terms. Failure to meet payment terms will result in withdrawal of Marketing Consultancy services by Lush Design.
Additional costs including the use of professional agencies to obtain broadcast, print and online media cuttings and clips, and photographers/filmmakers, will be subject to approval prior to any such third party being commissioned by Lush Design.
Approvals and authority
Written approval may be required by the client before any press releases, statements or other written materials are released by Lush Design.
Whilst every effort will be made by Lush Design to give professional advice to the client, the client shall keep Lush Design fully indemnified against any costs, claims, proceedings or demands arising out of or in connection with any press releases, publications or other material prepared for the client by Lush Design and approved by the client prior to publication or transmission.
Lush Design will not be liable for any errors in published information it produces on behalf of the client unless this is caused by its default or neglect.
During and after the term of engagement, Lush Design acknowledges its responsibility to treat in complete confidence all the marketing and sales information and statistics relating to the client’s business with which the client may supply Lush Design in the course of any work for the client.
CREATIVE DESIGN SERVICES
Charges for creative design services to be provided by Lush Design will be set out in the written estimate or quotation that is provided to the client.
Charges for creative design work do not cover the release of copyright design files including indd, psd, png, eps, jpg or any other source files; if the client requires these files they will be subject to a separate quotation or ‘buy-out’ charge.
Publication and/or release of work done by Lush Design on behalf of the client may not take place before cleared funds have been received.
All design work will be proofed by the client and written approval given before Lush Design will release it for publication or print. Whilst all efforts will be made by Lush Design to ensure the accuracy of work, no liability can be accepted by Lush Design for errors not highlighted by the client prior to written approval for publication or print.
None payment of design services will apply an account suspension and archiving of all client files. This may result in possible data loss from inactive account functions. Re-activation of services is chargeable at Lush Design’s Studio hourly rate.
The client agrees to Lush Design’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Lush Design in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail/FTP.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Lush Design via CD-ROM, or e-mail FTP. Images must be of a quality suitable for use without any subsequent image processing, and Lush Design will not be held responsible for any image quality which the client later deems to be unacceptable.
Lush Design cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.
WEBSITE DESIGN AND DEVELOPMENT
Lush Design require that a template is approved by the client before coding of a site commences. Once the template(s) for the website are approved by the client, coding will commence; any changes to navigation items, colours, structure or content which require changes to the template will incur an additional charge.
Once web design is complete, Lush Design will provide the client with the opportunity to review the resulting work. Lush Design will make one set of minor changes.
Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Lush Design by e-mail.
Future website changes and amends are chargeble at either Lush Design's studio rate, or listed items within our price guide.
Rights of access for website construction
The client agrees to allow Lush Design all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The client also agrees to allow Lush Design access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The client agrees to supply Lush Design with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Lush design will undertake website development using it’s own hosting servers. if a client requires use of their own server for hosting purposes, the server must comply with Lush Design’s requirement. Additional development charges will apply for using a clients server.
Lush Design offers in-house hosting services through an out-sourced virtual server. Lush Design does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Lush Design may request that clients change the type of hosting account used if that account is deemed by Lush Design to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.
Fees for hosting on Lush Design’s virtual server are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and Lush Design is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the client/domain owner.
None payment of hosting services will apply an account suspension and may result in possible data loss from inactive account functions. Re-activation of services is chargeable at Lush Design’s Studio hourly rate.
Lush Design cannot guarantee the availability of any domain name. Where Lush Design is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search Engine Optimisation
Due to the infinite number of considerations that search engines use when determining a site's ranking, Lush Design cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Lush Design recommend that clients use a professional Search Engine Optimisation specialist and can arrange for third party SEO consultancy, but can accept no responsibility for their services. Lush Design offer basic SEO standards with website development.
The client agrees to allow Lush Design to place a small credit in the form of a link to Lush Design’s own website on the client's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The client also agrees to allow Lush Design to place websites and other designs, along with a link to the client's site on Lush Design’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.