TERMS & CONDITIONS
The below terms and conditions govern the relationship between any individual or organisation (hereafter referred to as ‘the client’) engaging Mr Jalco’s services. As the client, by engaging Mr Jalco’s services, you are agreeing to the following terms and conditions:
1. RIGHTS & OWNERSHIP
1.1 Mr Jalco reserves the right to use any work-in-progress and final artwork created on behalf of the client for unlimited promotional purposes, both online and in print. Other than this, all services provided by Mr Jalco shall be for the exclusive use of the client.
1.2 Mr Jalco retains the right to photograph all final artwork, designs or installations and to use such photographs as he sees fit for publication, exhibition, or other promotional purposes.
1.3 The client agrees to provide Mr Jalco with high quality samples of any printed materials created under the scope of this project. Mr Jalco may use these copies and samples for unlimited promotional purposes in any physical or digital channels he chooses (e.g. social media, print or exhibition).
1.4 Mr Jalco reserves the right to be recognised, in perpetuity, as the designer and creator of any projects and artwork he undertakes.
1.5 Once all project fees have been paid, Mr Jalco grants the client the following reproduction rights for all approved final designs: Full transferable rights to brand identity and any associated artwork agreed upon in the contract; Unlimited license to reproduce such artwork through commercial printers and digital channels of the client’s choice.
1.6 Once all agreed project fees have been paid in full, the client will be entitled to full ownership of all final artwork outlined in the project contract. Such artwork can be provided at the client’s request, at no additional cost to the client, as final digital artwork.
2. THIRD PARTIES
2.1 From time to time, a project may require Mr Jalco to engage third party professionals (e.g. for web development or photography services). Mr Jalco will ensure that any third party terms and conditions have no impact on the full reproduction rights granted to the client.
2.2 If the result of a third party engagement is that project costs will increase, Mr Jalco will ask the client to give their permission in writing before any such engagement is made. In most cases, the details of any necessary third party engagement will be finalised prior to beginning a project.
2.3 If, after a project has begun, it becomes clear to the client or Mr Jalco that third party collaboration is needed, a new project contract detailing the inclusion of a third party will be issued.
3. CONTRACTS AND PAYMENT
3.1 Mr Jalco will always issue the client with a project contract. The project contract will outline the entire scope of the project, the responsibilities of both Mr Jalco and the client, the project schedule, project deadlines and all associated costs and fees.
3.2 No work whatsoever will be undertaken on any project until the client has signed the project contract and returned it to Mr Jalco. The project contract will be binding on both parties.
3.3 Unless otherwise agreed upon in the project contract, Mr Jalco requires a 50% deposit from the client before work commences on any project. This deposit is non-refundable. The remaining 50% will be payable upon completion of the project (or in stages agreed in the project contract) and before any artwork or project deliverables are supplied to the client.
4. DELAYED/LATE PAYMENT
4.1 A late payment fee will be charged at 8% above the Bank of England base rate for any invoices not paid within 30 days (or in the timeframe mutually agreed upon in the project contract). An additional fee at the same rate will be added each recurring 30 day period until all outstanding charges and fees have been paid to Mr Jalco.
4.2 In the event that the client refuses, or is unable, to pay, Mr Jalco reserves the right to withhold all project materials, assets, artwork and any other work undertaken on the client’s behalf (or to remove the client’s website in the case of a digital project) until all outstanding charges and fees have been paid to Mr Jalco.
4.3 Mr Jalco reserves the right to take any and all legal action deemed necessary to collect on unpaid invoices.
5. COMMUNICATION & CANCELLATION
5.1 Once the project contract has been signed, the client agrees to keep in regular contact with Mr Jalco, to answer all queries and to provide feedback in a timely manner (via face-to-face meetings, telephone or email).
5.2 If such communication stops for a period of 90 days or more, Mr Jalco reserves the right to cancel the project by notifying the client in writing (physical or electronic).
5.3 In the case of such a cancellation, the ownership of all artwork and their associated copyrights will remain with Mr Jalco. The client shall also pay a cancellation fee, based on projects works already completed undertaken by Mr Jalco, but not exceeding 100% of the total project cost as stated in the contract (excepting the addition of any late payment fees).
5.4 The client may cancel a project at any point, but will forfeit any deposit that has been paid, and will agree to pay all cancellation fees to Mr Jalco as outlined above.
5.5 In the case of a cancellation, the ownership of all artwork and their associated copyrights will remain with Mr Jalco.
6. WORKING HOURS
6.1 Mr Jalco can be reached by telephone or email from Monday to Friday, 9am and 5:30pm GMT. If Mr Jalco is unavailable for any reason he will endeavour to get back in contact with the client as soon as possible. Please note: Mr Jalco does not work nights or weekends. Any communication made during these periods will be responded to during working hours.
7. ETHICAL ISSUES
7.1 Mr Jalco will make every effort to ensure that all projects he undertakes are completed in the most environmentally friendly and sustainable way possible.
7.2 All print projects the client requests will be placed with print companies who have a proven history and policies of low-impact production.
7.3 Where possible, Mr Jalco works remotely, communicates electronically and uses low-power equipment to lessen his impact on the environment.
7.4 Mr Jalco reserves the right to refuse to produce artwork that he deems to be inappropriate, unethical or offensive.
7.5 Should the client act in a way that Mr Jalco believes to be unethical or illegal, Mr Jalco reserves the right to cancel the contract with immediate effect, as discussed in section 5 of these terms and conditions.
7.6 Mr Jalco reserves the right to refuse, at his own discretion and without having to offer a reason, to undertake a project or work for a client.
8.1 Confidentiality is a vital component of Mr Jalco’s work. Therefore, if you as a client engage Mr Jalco to work on a project that features protected, confidential or sensitive information, you must inform Mr Jalco in writing before the project contract is issued or any work in undertaken. If necessary, an NDA will be drawn up to protect both parties.
8.2 By engaging Mr Jalco’s services, the client agrees to indemnify and hold harmless Mr Jalco from any and all claims, demands, losses, causes of action, damage, lawsuits, judgements, including solicitors’ or lawyers’ fees and any associated or arising costs, caused by, or brought about by, the work supplied by Mr Jalco.