These terms and conditions shall govern the contract between (1) Andy Peat trading as Andy Peat and (2) the Client. Andy Peat may agree modifications to these terms but such modifications must be in writing signed by Andy Peat and cannot be inferred from a course of behaviour.
Title to or license to use any property or intellectual property forming part of the Service shall pass to the Client when and only when the full Contract Price for the Service has been paid.
Payment of the Contract Price shall be made in pounds sterling unless otherwise advised by Andy Peat within 30 days of the date of invoice and without any set off or counterclaim (save where such claim is based on fraud). Andy Peat shall be entitled to charge interest and claim compensation on overdue sums in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Interest will be calculated from the invoice date to the date of payment.
Graphic Designs (including electronically displayed designs which includes movie clips, flash movies and videos)
For the avoidance of doubt the Client is reminded that rejected designs that are not taken forward from the concept or development stage remain the property of Andy Peat.
The Client agrees not to exploit such copyright outside the market category and territory for which the Service was provided except with Andy Peat’s written consent.
Andy Peat is not liable for the costs thereof or (save to the extent provided) any failure of the Client to hold the necessary licence(s).
Reservation of Technical and Artistic Concepts
Andy Peat will not infringe the Final Graphic Design or Final 3-D Design but reserves exclusive right to use all other designs software concepts ideas or intellectual property developed during the course of the Service.
If more than one design is chosen by the Client and this was not provided for in the agreed brief for that Service an additional fee may be payable by the Client.
Sub-contractors Intellectual Property
Clients are reminded that illustrators and photographers usually retain ownership of their original work and may demand its return undamaged although this should not restrict the Client’s use within the negotiated usage rights.
Andy Peat warrants that its own design work is original and that it will not knowingly or negligently infringe the rights or intellectual property of a third party but (unless expressly agreed to the contrary) it is under no obligation to make any enquiry in this respect and it shall have no liability to the Client in respect of any infringement or alleged infringement of intellectual property or passing off.
Right to display
Andy Peat will keep projects confidential until publication. Andy Peat reserves the right to display the finished project for promotional purposes.
Projects begin upon receipt of a 50% non-refundable deposit
and any required content provided by client is received.