last Updated: JAN 28, 2019
We don’t like these pages any more than you do, so we will keep this short and sweet. The following terms and conditions refer to Meraki Concept Studio Ltd ("Meraki Concept Studio") and its relationship with its clients and potential clients.
1. GENERAL TERMS AND CONDITIONS OF BUSINESS
1.1 QUOTES AND PRICES
1.1.1. All quotes are valid for 30 days from the date of submission.
1.1.2. Quotes are based on the information provided by the Client, including but not limited to detail on quantities, structure, scope and functionality. Any quote may therefore be subject to change should the client’s requirements change at any time.
1.1.3. Unless otherwise stated, stock images, fonts and copywriting will be charged extra.
1.1.4. After the two consultancy sessions the Client is entitled to, Meraki Concept Studio will deem the project to be completed. Any further amendments will be charged at the standard billing structure of £95/hour.
1.1.5. Meraki Concept Studio reserves the right to alter quotations and hourly rate at any time as business needs dictate.
1.1.6. Quotes are based on Meraki Concept Studio's current costs of production and unless otherwise agreed are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
1.1.7. Any estimates given by Meraki Concept Studio as to the time of completion or performance of its services (whether completion of the whole or a part of those services) shall be estimates only and time shall not be of the essence.
1.1.8. Any stated timescale is reliant upon the Client providing all required information/copy/images within the time set out at project initiation.
1.1.9. All quotations are listed in GBP.
1.1.10. Once a contract has been formed, Meraki Concept Studio cannot accept any cancellation of the agreed services: no refunds will be given and outstanding invoices shall remain payable.
1.2.1. Meraki Concept Studio reserves the right to sub-contract the fulfilment of a project or any part thereof.
1.2.2. Any images supplied electronically will be incorporated into designs without charge provided that they are of suitable quality. All images need to be supplied as EPS illustrator vectors for logos and Photoshop tiffs (300dpi min) for pictures. Any logos that need to be re-drawn will be charged extra at our hourly rate, £95/hour. All supplied images requiring scanning or alterations to be charged at £20 per image. Images sourced from external image libraries may incur additional licence/royalty charges payable by the Client.
1.2.3. Should the Client supply text, artwork or images, Meraki Concept Studio is not obliged to edit, check or guarantee the correctness thereof in any way whatsoever, and the end product shall be made at the entire risk of the Client.
1.2.4. Meraki Concept Studio shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material supplied by the Client. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
1.2.5. The Client’s property and property supplied to Meraki Concept Studio on behalf of the Client, while it is in the possession of Meraki Concept Studio or in transit to or from the Client, will be deemed to be at Client’s risk unless otherwise agreed and the Client should insure accordingly.
1.2.6. Meraki Concept Studio shall not be required to use, print, upload or hold any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of a third party.
1.3 INVOICES AND PAYMENT
1.3.1. Payment must be made no more than 30 days after date of invoice.
1.3.2. If an invoice has been provided where a project will be approached in ‘stages’, each stage will need to be paid in full on completion of each stage before Meraki Concept Studio is able to progress to the next stage. Where a job has been quoted in two halves (initial 50% deposit and final 50% balance), the outstanding balance may be charged in full either on completion of the project or over a number of further staged payments at the discretion of Meraki Concept Studio (50%, 25%, 25%).
1.3.3. We understand and will exercise our statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998 amended by European Directive 2000/35/EC if we are not paid according to these terms.
1.3.4. All work remains copyrighted to Meraki Concept Studio until settlement of relevant fee account.
1.3.5. All payments must be in UK Pounds Sterling.
1.3.6. All work completed after project inception will be billed as it is completed at the end of every calendar month as Work in Progress (WIP) until the conclusion of the project.
1.3.7. If Meraki Concept Studio incurs any costs as a result of the Client’s neglect or default, Meraki Concept Studio may charge those costs to the Client in addition to the contract price.
1.3.8. The Client shall pay for any preliminary work which is produced at his/her request, whether experimentally or otherwise. A 50% rejection fee is applicable on all designs executed by Meraki Concept Studio should the Client cancel their contract/order.
1.3.9. When payment is overdue, Meraki Concept Studio may suspend the work without notice and without prejudice to any other legal remedy until due payment has been made. Furthermore, any work started but incomplete may be suspended and payment therefore becomes immediately due and payable, notwithstanding anything expressed herein, and any monies in respect of.
1.4.1. If the Client ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or is deemed to be unable to pay its debts or have a winding-up petition issued against it or being a person who commits an act of bankruptcy or has a bankruptcy petition issued against him, Meraki Concept Studio without prejudice to other remedies shall:
18.104.22.168. Have the right not to proceed further with the contract or any other work for the Client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Client. Such charge to be an immediate debt due to him.
22.214.171.124. In respect of all unpaid debts due from the Client have a general lieu on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property in such manner and at such price as it thinks fit and to apply the proceeds towards such debts.
1.5 FORCE MAJEURE
.5.1. Meraki Concept Studio shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may by written notice to Meraki Concept Studio elect 'to terminate the contract and pay for work done and materials used', but subject thereto shall otherwise accept delivery when available.
1.6 GENERAL TERMS
1.6.1. These conditions and all other express terms of the contract shall be governed and constructed in accordance with the laws of Scotland and you hereby submit to the non-exclusive jurisdiction of the Scotland courts.
1.6.2. Meraki Concept Studio shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control.
1.6.3. All quotes, briefs and other Client/Meraki Concept Studio documents are commercially confidential and may not be disclosed to third parties without prior written agreement.
1.6.4. These terms and conditions, together with any documents expressly referred to in them, contain the entire Agreement between Meraki Concept Studio and the Client relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings, proposals or contemporaneous communications, written or oral: between Meraki Concept Studio and the Client in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been expressly made in this Agreement.
1.6.5. Any notice to be given by either party to the other may be sent by either email or post to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved, be deemed to be received on the day it was sent, or if sent by post shall be deemed to be served two days following the date of posting.
1.6.6. Headings, numbering and summaries are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
1.6.7. Meraki Concept Studio reserves the right to revise, alter, modify or amend these terms and conditions, and any of our other policies and agreements at any time and in any manner without prior notification. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions.
1.6.8. If any of the provisions of this Agreement are judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder of them will be not be deemed to be prejudiced.
1.6.10. This Agreement takes effect on the date on which you order our services. Acceptance of these terms is an absolute condition of the Client requesting work. An order constitutes acceptance of all our Terms and Conditions.
1.6.11. You shall not assign this Agreement or any benefits or interests arising under this Agreement without Meraki Concept Studio’s prior written permission.
1.7.1. The ownership of all work therein shall remain with Meraki Concept Studio until payment in full has been received for all sums owing. Once payment has been received, ownership and copyright shall pass to the Client.