The following Terms and Conditions of Service apply to all products and services provided by Kayleigh Foy
General
All work is carried out by Kayleigh Foy on the understanding that the client has agreed to Kayleigh Foy’s terms and conditions.
Copyright is retained by Kayleigh Foy 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 Kayleigh Foy as fulfilling the contract. All other designs remain the property of Kayleigh Foy, unless agreed in writing that this arrangement has been changed.
Project acceptance
At the time of proposal, Kayleigh Foy will provide the client with a written estimate or quotation. The terms and conditions can be read on Kayleigh Foy’s website at www.kayleighfoy.com/terms.
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 Kayleigh Foy’s terms and conditions.
No work on a project will commence until acceptance of the quotation has been received by Kayleigh Foy.
Payment
Depending on the size and complexity of the project, clients may be asked for payments to be made in instalments on a percentage basis.
First Instalment: 50% - Upon presentation of first design
Second Instalment: 50% - Upon completion of design
Clients will receive a quotation for the agreed design fee. This design fee must be accepted along with the terms and conditions prior to any design work commencing on the project. An invoice will be issued at a later date once finalised designed have been decided by the client. Full payment of this invoice must then be made prior to the designs being sent to print, or released to the client, unless otherwise agreed in writing that this arrangement has been changed.
Copyrights and Trademarks
By supplying text, images and other data to Kayleigh Foy for inclusion in the client’s designs 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 illustrations, designs, or text supplied and/or designed by Kayleigh Foy on behalf of the client, will remain the property of Kayleigh Foy and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988.
The client may request in writing from Kayleigh Foy the necessary permission to use materials (for which Kayleigh Foy holds the copyright) in forms other than for which it was originally supplied, and Kayleigh Foy may, at her 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 Kayleigh Foy, the client grants Kayleigh Foy permission to use this material freely in the pursuit of the design.
Should Kayleigh Foy 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 Kayleigh Foy to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold Kayleigh Foy 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 Kayleigh Foy holds no responsibility for any amendments made by any third party before or after a design is published.
Licensing
Any design, illustration, idea or code created for the client by Kayleigh Foy, 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 Kayleigh Foy.
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.
Kayleigh Foy will not be held responsible for any and all damages resulting from such claims. Kayleigh Foy is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Kayleigh Foy responsible for any such loss or damage. Any claim against Kayleigh Foy shall be limited to the relevant fee(s) paid by the client.
Rights of refusal
Kayleigh Foy will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal.
Kayleigh Foy also reserves the right to refuse to include submitted material without giving reason.
In the situation where any images and/or data that Kayleigh Foy does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the client is obliged to allow Kayleigh Foy to remove the contravention without hindrance, or penalty. Kayleigh Foy is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact or e-mail, however, following this, Kayleigh Foy will need formal notification in writing to her 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 the first stage of design (see payment section). The balance of monies due must be paid within 14 days. Please note: any cancellation which is not formally confirmed in writing and received by Kayleigh Foy 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 Kayleigh Foy of a project’s duration is to be considered by the client to be an estimate. Kayleigh Foy cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that the client accepts the project cost quotation, and/or by date confirmed in writing by Kayleigh Foy.
Refunds, returns and reprints
It is not possible to return products for refund other than in the event of an order being produced to the wrong order specification or not to an acceptable standard. In either of these cases Kayleigh Foy may (at her discretion) reprint free of charge. Any errors in printing must be reported via e-mail to the following email address [email protected], please make sure to include your invoice/reference number in the subject line. Kayleigh Foy will also require you to return a sample or photographic evidence of the issue.
Kayleigh Foy will notify you of any refund due to you via email within a reasonable period of time and will usually process the refund due to you within 30 days of the day Kayleigh Foy confirmed to you that you were entitled to a refund. We will refund the price of a defective product in full, any applicable delivery charges, and any reasonable costs you incur on returning the item to Kayleigh Foy.
If the packaging of your order has been damaged, please accept the material from the courier and write on the document provided that you have accepted the package subject to checking. Once you have verified damage has occurred to the material inside the package you must email [email protected] with photographic evidence of the damage before a reprint/refund is issued.
Fees and additional costs
Fees shall be agreed prior to commencement of work and will be payable on invoice on our standard terms of 14 days. Failure to meet payment terms will result in withdrawal of design services by Kayleigh Foy.
Invoices which are not paid within 14 days will be subject to a fixed late fee of £40 plus interest of 5% per day thereafter until the invoice has been settled.
