Terms and Conditions of Service

The following Terms and Conditions of Service apply to all services provided by Jemma Pentney.
All work is carried out by Jemma Pentney on the understanding that the client has agreed to these Terms and Conditions.

Project Acceptance

At the time of proposal, Jemma Pentney will provide the customer with a written estimate or quotation. Terms and Conditions can be read on the reverse of the estimate or quotation or at http://www.jemmapentney.com/terms.html.

Acceptance of the estimate or quotation must be sent in writing (email or letter). Where the total quoted is over £1000, a copy of the written estimate or quotation is required to be signed and dated on the reverse by the customer to indicate acceptance and should be returned to Jemma Pentney.

Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept Jemma Pentney’s terms and conditions. No work on a project will commence until either document has been received by Jemma Pentney.

Jemma Pentney reserves the right to charge 25% in advance for projects quoted above £1000.

New clients will be asked for full payment in advance for all jobs under £100, and 50% in advance and 50% on completion for any job over £100.

A project will not commence until the deposit is paid and is cleared funds. You will be invoiced in advance for this.

By default, Jemma Pentney shall deem that a contract for any form of service is in effect when asked to carry out any work for the client.

Jemma Pentney reserves the right to vary the quotation at any time should the client make changes to any requirements of work to be carried out. Else any additional work requested that is beyond the scope of the original quote will be additionally chargeable at an hourly rate.

If a choice of design is presented, only one solution is deemed to be given by Jemma Pentney as fulfilling the contract. All other designs remain the property of Jemma Pentney, unless agreed in writing that this arrangement has been changed.

Withdrawal of Services & Termination of Contract

Jemma Pentney has the absolute right to withdraw her services and cancel any contracts with the client at any given time. Jemma Pentney shall issue notice of such action in writing.

Jemma Pentney reserves the right to cancel your contract and suspend services at any time without prior written notice of such upon finding that any of the Terms and Conditions set out herein this document or any subsequent revisions thereof have been broken.

If you choose to terminate your contract, you must do so in writing. Jemma Pentney will invoice for any work carried out up to the time of termination.

Design Charges

Charges for design services to be provided by Jemma Pentney will be set out in the written estimate or quotation that is provided to the customer.
A daily rate will only be applied upon agreement before a project commences and is limited to 7 hours work. When not agreed in advance design services will be charged at an hourly rate.

Alterations

The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The customer also agrees that Jemma Pentney holds no responsibility for any amendments made by any third party, before or after a design is published.

Once a design has been approved it will not be possible to go back and amend the design from this point onwards without incurring costs.

Payment

Payment is due within 14 days of date of invoice. Payments may be made by cash, cheque, or bank transfer. Invoices which are overdue for a period in excess of 14 days from the date of invoice for any services will be subject to suspension. I will exercise my right to charge statutory interest under the late payment legislation on overdue balances.

Data Liability

Under normal contractual service circumstances, the Jemma Pentney provides no warranty or accepts any liability for any data either lost or damaged which is stored on any of Jemma Pentney’s or client’s equipment. It is the responsibility of the client to keep security copies of information.

Copyrights and Trademarks

Any artwork, words/text, pictures, ideas, images, visuals or illustrations supplied and/or designed by Jemma Pentney on behalf of the customer, will remain the property of Jemma Pentney and/or her suppliers until paid for in full. The customer may request in writing from Jemma Pentney, the necessary permission to use materials (for which Jemma Pentney holds the copyright) in forms other than for which it was originally supplied, and Jemma Pentney may, at her discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. Jemma Pentney reserves the right to show any work produced by herself at any stage within an Portfolio, unless requested not to in writing. If necessary, Agency work will be referenced as so.

By supplying artwork, words/text, pictures, ideas, images, visuals or illustrations other data to Jemma Pentney for inclusion in the customer’s design or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions and grants Jemma Pentney permission to use this material freely in the pursuit of the design. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Should Jemma Pentney, or the customer supply an image, text, or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Jemma Pentney to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Jemma Pentney 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.

Newsletter

By signing these Terms and Conditions you are giving permission for Jemma Pentney to send you information and news from time to time by email. Jemma Pentney will not give your details out to third party organisations and you may unsubscribe from this at any time.

Disclaimer

Jemma Pentney will not be responsible for any damages your business may suffer. Jemma Pentney makes no warranties of any kind, expressed or implied for services we provide. Jemma Pentney does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Jemma Pentney cannot guarantee to be able to replace lost data. Jemma Pentney disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Jemma Pentney. Jemma Pentney reserves the right to revise its policies, Terms and Conditions at any time.