Terms and Conditions

The following terms and conditions of Service apply to all products and services provided by small studios (“small studios” “Lucie Cohen”) to every customer: “The Client” for design services. All work is carried out by small studios on the understanding that the client has agreed to small studios’ terms and conditions.

Scope

The project scope includes any deliverables and items outlined in the project schedule and estimate. Additional work outside of this scope will incur costs. Such requests will be quoted for approval before proceeding. Proposals do not include printing, scanning, Photoshop manipulation, photography, sourcing or purchasing stock images, illustrating, editing or copy writing unless otherwise specified.
If an agreement cannot be arranged then a cancellation fee is payable (see Variations or cancelling a project).
If a choice of designs is presented, only one solution is deemed to be given by small studios as fulfilling the contract.

Confidentiality

It is understood that small studios will not disclose or make public to any other client or third party, any information, material or item in connection with this project, unless authorised in writing.

Copyright

The client is liable for any copyright breaches on any content provided by the client to small studios.
Copyright for all work undertaken by small studios is held by small studios. Upon payment of the account balance, small studios will transfer all copyright to the client.
small studios grants our clients (upon full payment of any account balance) a non-exclusive, perpetual, worldwide, fee-free license to use the artwork/design/material for the original intended purpose. This means that we will provide you with the finished art files as quoted (usually PDF) normally sent by ftp.
All native working and final art files are also released in this transaction.
small studios retains no rights to any concepts or content provided by the client, subsequently small studios does not retain the right to re-create, resell or distribute any business concepts, text content or images provided by the client.
Any designs not used as a final solution in fulfilling the original brief remain the property of small studios, unless agreed in writing that this arrangement has been changed.
Copyright for photographs by small studios photographers is transferred wholly to the client (upon full payment of any account balance), on a non-exclusive, perpetual and world-wide basis, free from licence for the original intended purpose only. Additional copyright for uses beyond the intended purpose, and additional photography not used in the artwork/design/material, are held by the photographer, unless otherwise stated, and may be subject to an additional licensing fee.
small studios reserves the right to use a artwork or a picture version of the project when completed as part of our promotional portfolio. This portfolio could be viewed on screen, website, in printed form or as a PDF at our discretion.
The client is not permitted to resell or make profit from selling design work created by small studios. (If you wish to resell work, please ask for a “Resellers Contract”. Please note this will affect the quote.)

INTELLECTUAL PROPERTY

small studios retains all rights regarding programming and development of source code, as well as design processes (incorporated in the development of working files–such as layered Photoshop and InDesign files). Once again you will be granted a non-exclusive license to use the developed IP for the purpose of the intended project. Full copyright or an unrestricted exclusive license can be purchased for an additional fee as outlined above. Each request for the hand-over of copyright will need to be assessed on a case-by-case basis. If you have any questions, please don’t hesitate to contact us: lucie@smallstudios.co.uk
small studios reserves the right to use a picture version of the project when completed as a part of our design portfolio. This portfolio could be viewed on screen, online, in printed form or as a PDF.

Fonts

Fonts are not copyright to small studios, only licensed by us, therefore we are unable to supply you, the client, with fonts used within any given project unless it is for the express purpose of printing without breaching our license agreement with our font suppliers.

LOGOS

Logos and brand identity created by small studios will be provided to the client owner in various file formats for the purposes of your unrestricted use on the agreed intended business material. Logo kits will contain editable EPS files for your agreed use, however these files are not to be altered, modified or adapted in any way without permission from small studios. Should you require changes to the logo we ask that you return to small studios with your request in order to maintain copyright and design integrity. Fees will apply for this service.

FINAL ART FILES

Final art print files (logos excepted) will be provided to the client, normally as high resolution PDF files unless requested otherwise. It is our policy that the final art native working files (InDesign, Photoshop or Illustrator) are also given to the client.

COURIERS

Any charges for courier deliveries required will be added to the client’s invoice.

SUPPLYING FILES TO US

All text files are to be supplied to small studios in electronic format as standard text (.txt or .rtf), MS Word (.doc) on CD-ROM, or via e-mail.
Any images or logos should only be supplied in 300dpi resolution, images taken from the web are not adequate for print. Images must be of a quality suitable for use without any subsequent image processing, and small studios will not be held responsible for any image quality which the client later deems to be unacceptable. small studios 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, or digital image processing.
We offer an image search service and an illustration and photography service, please ask for a quote. Large files can be zipped (compressed) and emailed, or transferred using a shared ftp (such as Dropbox) or a filesharing service (such as WeTransfer). Company corporate colours, fonts or style guides should be specified before design is commenced.

CLIENT CORRECTIONS/REVISIONS/CHANGES

Correction requests outside of the amendment stages outlined in this proposal will be charged as an additional cost at our quoted hourly rate. Client requests (also called author’s corrections) are any requested changes to design, text, structure or content, which vary from the original brief or are requested after approval of that project stage has been received.
Text should be supplied as the final edited text. We recommend professional copy-writing for your text. We do not correct text as we typeset. We offer a separate editing or copy-writing service, please ask for a quote. Unedited text may result in author corrections, which are billed per quarter day.

OFFENSIVE OR AMORAL CONTENT

small studios 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. small studios also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that small studios does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow small studios to remove the contravention without hindrance, or penalty. small studios is to be held in no way responsible for any such data being included.

CLIENT APPROVAL

small studios is not responsible or liable for any errors typographic or otherwise on design work once the client has approved proofs both electronic or printed, please check all artwork thoroughly. The client agrees that small studios holds no responsibility for any amendments made by any third party, before or after a design is published.

COMMENCEMENT

At the time of proposal, small studios will provide the client with a written estimate or quotation. A copy of the written estimate or quotation is to be signed and dated by the client to indicate acceptance and should be returned to small studios. small studios will invoice for 50% of the estimate or quotation, which should be paid within 14 days. Alternatively, the client may send an official order in reply to the estimate or quotation, which binds the client to accept small studios terms and conditions. No work on a project will commence until an acceptance document has been received by small studios.

VARIATION OR CANCELLATION OF PROJECT

Acceptance of a proposal confirms that you have contracted small studios for the project described. If there are any changes in the requirements and/or specifications of the project, we reserve the right to change the proposal costs. If the project is cancelled or postponed prior to completion, you agree to pay for the time and materials used to date, or a ‘kill fee’ of £100, whichever is greater.

FREE PITCHING

small studios does not endorse ‘free pitching’. Any presentation to a client requiring the production of original ideas/concepts must be reimbursed either with an agreed pitching fee or the signing of a design proposal and must be in confidence.

DEADLINES AND DELAYS

small studios cannot be held responsible for delayed delivery on any work that is due to client fault, for instance: delay in signing off proofs, delay in providing any content that has been specified as a requirement or any change in the content that has already been provided. small studios also cannot be held responsible for any delays that are not solely the fault of small studios, this includes printing delays.
After signing a contract if the client needs to shorten or specify a deadline it is not guaranteed that small studios will be able to meet the requirements.
If the client wishes to shorten or specify a deadline small studios is entitled to make any amendments deemed necessary to the quote provided.
In the unlikely case that small studios fails to meet the agreed deadline the client has the option to cancel the contract, paying only for work completed up to that point in time with no extra fee (such as a ‘kill fee’, see Variation of cancellation of project). If the client still wishes to use the work after the deadline, the contract must stand and the client will be offered a reduced and revised estimate before completion of the work.
Deadlines agreed between small studios and the client are not inclusive of time taken for printing, the deadline agreed in this contract is for design only. The client must bear this in mind when setting the deadline.
small studios cannot be held responsible for any loss or damage during transit of client property or print deliverables, if payment has passed or not. It is up to the client to insure accordingly.

TIMESCALES

The project must be completed within 3 months of the commencement date, it cannot be postponed or delayed unless otherwise agreed. If the project runs over 3 months due to the client’s fault, the contract will be re-assessed and the client will be quoted appropriately. Any payment made before the re-assessment will be deducted from the final value.

CLOSING JOBS

small studios has a policy to close off long term jobs that are stagnant after 6 months. The client will be notified two weeks before close off and given the opportunity to provide further instruction or content to progress and complete the job within a reasonable time frame. The job will be invoiced at close and an account management fee will be charged to re-open the job upon request.

PRINT MANAGEMENT

small studios charges a Print Management fee, as outlined in all proposals requiring print, this covers our time in consultation and coordination of any print project. Should further quote sourcing (above 3) be required following a submitted proposal or specifications change – further print management fees will apply. small studios does not carry the printing cost of any project unless agreed at the onset of the project. All print/production costs are invoiced directly to the client, unless under the express request of our printer or client at the time of quoting.
small studios and its clients agree to comply with Printers’ Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. small studios recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

PRINT ISSUES

While we do everything we can to ensure your print job is of the highest quality, there may be variations in colour and quality. Where possible we will guide and advise you regarding your print job, however small studios does not take responsibility for any printing process issues which are out of our control. small studios may recommend a wet proof for some printed materials to ensure print quality.

DESIGN CREDIT

The client agrees to allow small studios to place a small credit on printed material, exhibition displays, advertisements and/or a link to small studios’ own website on the customer’s website, where appropriate. This will usually be in the form of an unobtrusive logo or line of text placed towards the bottom of the page.

PAYMENT AND INVOICING

Terms of payment are strictly 14 days from invoice date unless an alternative arrangement is negotiated prior to commencement of the project. Payments can be made by cash in the studio or by bank transfer.
small studios charges a 50% commencement fee, with the remainder on completion of the job.
Long projects (more than one month) may be invoiced per stage/month with progress payments. Payment in full of any balance must be received before files are handed to client or website goes live. If a purchase order number is required to be allocated to a small studios invoice, please forward a purchase order together with the acceptance of this proposal.
Payments not received by the due date will attract a cumulative interest charge of 5% of the total for each week that payment remains outstanding.
Proposals are valid for 30 days. All charges shown are estimates only and are subject to change.
The client is not permitted to make any deductions from the final amount for any reason; any deductions will be at the discretion of small studios.
An account shall be considered default if it remains unpaid for 14 days from the date on the invoice, or following a returned cheque. small studios shall be considered entitled to remove small studios’ 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, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the client of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay small studios reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

CONSULTATIONS

small studios would normally include consultation in the quote. However, if small studios have spend a considerable amount of time consulting, sourcing suppliers quotes, pitching for jobs that do not take place, a consultation fee may be billed to the client.

LIABILITY

small studios shall not be held liable for failing to perform to the contract for any reason that is not solely the fault of small studios.
small studios shall not be held liable in any case for any damages, loss of anticipated profits, loss of revenue, contracts or any other inconsequential damages that arise from any cause associated with small studios or the property of small studios, this includes design work. Any claim against small studios shall be limited to the relevant fee(s) paid by the customer.
All property supplied to small studios by the client or on behalf of the client shall remain at the clients risk, unless otherwise agreed in writing, this includes; print delivery, samples, data and equipment. The client should insure accordingly.
While small studios takes reasonable steps to investigate the materials it recommends, it accepts no responsibility for the performance or quality of materials or any consequential loss arising from their failure.
Except in the case of death or personal injury caused by small studios’ negligence, small studios’ liability under or in connection with these terms and conditions, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed the amount payable by the Client in respect of the Price the subject matter of this contract as specified in the written estimate.

GENERAL

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. small studios reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.