The following Terms and Conditions of Service apply to all products and services provided by Big Gun Creative.

All work is carried out by Big Gun Creative on the understanding that the client has agreed to our Terms of Business.

Copyright

Copyright is retained by Big Gun Creative on all aspects of design work and concepts unless specifically released in writing and after all associated costs have been settled.

If multiple design concepts are submitted, only one concept is deemed to be given by Big Gun Creative as fulfilling the contract. All other artwork designs remain the property of Big Gun Creative unless specifically released in writing and after all associated costs have been settled.

Project Acceptance

Big Gun Creative will provide the customer with a written quotation via email. The customer must send written confirmation, via email, acknowledging acceptance of this quotation.

Design Charges

On acceptance of a quotation, also indicating acceptance of these Terms of Business, a non-refundable payment of 50% of the quoted fee will become immediately due.

Unless agreed otherwise, work will not commence on the quoted materials until 50% of the quoted fee has been received by Big Gun Creative. The remaining 50% of the quotation total will be due upon completion and approval from the customer.

Source Files

Big Gun Creative will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the quotation.

Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, ai or eps files; if the customer requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.

Amends

Three rounds of amends are included into the quoted project fee. The customer agrees that amends required outside of the estimated work, or where the client makes changes to the initial brief or supplied copy and images will be liable to a separate charge.

The customer also agrees that Big Gun Creative holds no responsibility for any amendments made by any third party, before or after a design is published.

Charges for Other Services

Charges for any additional products or services requested after acceptance of the initial quotation will become fully payable at the time of a subsequent quotation being accepted, unless agreed otherwise.

Approval

The customer will be sent a design proof of the finished work via email. Big Gun Creative require written approval, via email, of the design proof before arrangements for print or publication can be made.

By giving written approval for print or publication, the customer accepts the proof as final. All aspects of the design are approved, including but not limited to text, images and layout.

The customer also agrees that Big Gun Creative cannot be held responsible for any perceived errors after approval, print or publication of the work.

Payment

Upon submission for approval of the work, the remaining 50% of the initial quotation will become due. Accounts which remain outstanding for 30 days after the date of invoice, will incur a late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment.

Payments may be made by online transfer or cheque.

Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery. Returned cheques will incur an additional fee of £50 per returned cheque. Big Gun Creative reserves the right to consider an account to be in default in the event of a returned cheque.

Big Gun Creative withhold the right to delay print or publication and/or release of work done by Big Gun Creative on behalf of the customer, until cleared funds have been received.

In the event of continued non-payment, the customer agrees to pay all Big Gun Creative reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms of Business.

Copyrights & Trademarks

By supplying text, images and other data to Big Gun Creative for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

The customer agrees to fully indemnify and hold Big Gun Creative free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

By supplying images, text, or any other data to Big Gun Creative the customer grants Big Gun Creative permission to use this material freely in the pursuit of the design.

Design Project Duration

Any indication given by Big Gun Creative of a design project’s duration is to be considered by the customer to be an estimation. Big Gun Creative cannot be held responsible for any project over-runs, whatever the cause.

If project completion is delayed or put on hold on the part of the client - Big Big Creative reserves the right to invoice for all work completed over and above the non-refundable deposit. The balance of monies due must be paid within 30 days.

Hosting Websites

Big Gun Creative offers a hosting service through an out-sourced virtual server. Big Gun Creative does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.

Rights of Refusal

Big Gun Creative 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.

Cancellation

Cancellation of orders must be made in writing. The customer will then be invoiced for all work completed over and above the non-refundable deposit. The balance of monies due must be paid within 30 days.

Disclaimer

Big Gun Creative makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Big Gun Creative will not be held responsible for any and all damages resulting from products and/or services it supplies. Big Gun Creative is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. The customer agrees not to hold Big Gun Creative responsible for any such loss or damage.

Big Gun Creative reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Big Gun Creative will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

General

These Terms of Business supersede any previous Terms of Business distributed in any form. Big Gun Creative reserves the right to change any of the Terms of Business at any time and without prior notice.

Acceptance of Terms of Business and Quotation

The placement of an order for design and/or any other services offered by Big Gun Creative is deemed to be acceptance of these Terms of Business, which are freely available at www.bigguncreative.co.uk

Agreement of these Terms of Business forms a Contract for Business between the customer and Big Gun Creative.