Terms of Business

By agreeing to the use and supply of products & services offered by Bay Design, the client will be in agreement to the following terms…

1. Estimates
Bay Design aims to provide a very competitive design service however from time to time prices may change. Bay Design will notify the client in advance. Where a project is likely to exceed the original estimate, the client reserves the right to cancel the agreement and pay a pro-rata fee for work and costs incurred by Bay Design to date. If the scope of the project changes to include additional work not included in the original estimate, this will change the cost and timescale of the project.

2. Payments
All invoices are payable on receipt of invoice. The grant of any license or right of copyright is conditional on receipt of full payment.

3. Agreed Dates
Bay Design agrees to deliver work by dates agreed in the proposal but the client should be aware that failure to submit required information or materials may cause subsequent delays in the production.

4. Expenses
The client agrees to reimburse Bay Design for any expenses necessary in completion of the project: e.g. travel, studio hire, postage, proofs, software, stock photography & training.

5. Changes & Additions
The client must assume that all additions, alterations, changes in content, layout or process requested by the customer will alter the time and cost of the project.

6. Copyright
Bay Design will be pleased to offer advice in regard to design and copyright issues and the client agrees to indemnify Bay Design against all claims, costs, and expenses, including legal fees, due to content or design included in the project at the request of the client for which no copyright permission was granted. Rights not expressly granted to the client are retained by Bay Design and others according to the terms of use issued by software developers, photographers, designers and other parties whose products and services were used in the execution of the project.

7. Cancellation
Either party may terminate this agreement by giving written notice to the other at any time. In the event that work is postponed or terminated at the request of the client, Bay Design shall have the right to invoice pro rata for work and expenses through to the date of that request. In the event of cancellation, the client shall also pay any expenses incurred by Bay Design or otherwise forfeit all rights to any work, software, services and domains purchased on the clients’ behalf.

8. Confidentiality
Client confidentiality is highly respected by Bay Design but naturally, in the course of a project, information may be disclosed between Bay Design and the client to facilitate work. Such information shall be safeguarded and not disclosed to any third parties.

9. Limitation of liability
Client agrees that it shall not hold Bay Design, it’s agents or employees liable for any incidental or consequential damages that arise from third party providers of products or services.

10. Acceptance of terms
The action of the sending and receipt of this agreement or instructions to commence work will will hold both parties in acceptance of these terms.