Terms & Conditions

Payments

Deposits, final payments & delivery

The Contractor reserves the right to request a 40% deposit prior to starting work on the Client’s project. If a deposit is requested, an invoice will be generated & delivered to the Client via email & payment is expected within 10 days of issue. By remitting deposit funds the client enters into a contract with No.55 Limited & accepts these Terms of Service and payment plan.

The Contractor will invoice for the remaining costs as per the payment plan below. 

Deposit at contact - DATE - 40%

Payment 1 - halfway through the project - 30%

Payment 2  - date of completion - 30%

The final invoice for the project & along with any additional costs & associated services incurred will be issued by the Contractor prior to the release of any logo files or final exports. The contractor reserves the right to withhold delivery until payment has been received in full.

The Contractor reserves the right to invoice prior to the time detailed if the client has been uncontactable/unresponsive for more than 30 days. The client may reserve the right to request an alternative payment plan which may be accepted at the Contractors discretion. All payment plans must be agreed to by both parties in writing.

All payments are to be made within 10 days of issue.

The Contractor reserve the right to charge the Client for any fees incurred relating to the commencement of collection & recovery processes for accounts that remain unpaid in excess of 30 days.

CHANGES & REVISIONS

The price stated in this contract is based on the time estimated to complete the project & supply the deliverables outlined in the scope of work. This is a fixed price which includes up to three revisions of the design. Any changes beyond this will be charged at an hourly/daily rate subject to the extent of the changes. Should the Client want to change the arrangement or add anything new, an estimate for additional charges will be sent through & agreed upon before the work begins

THIRD-PARTY CONTRACTORS & CHARGES

Please note that any additional charges for work outside of the scope will be incurred by the Client, including the work of other contractors such as copywriters.

The cost of any printing costs, image licenses, website hosting, third-party apps, advertising campaigns etc. will be covered by the Client. These will be agreed upon before any orders are made or external agreements are signed.

Licensing of any used fonts or typefaces

Any fonts/typefaces that are purchased for the final logo, &/or supporting brand identity assets, are subject to commercial licensing laws. A font/typeface licence gives only the owner full rights to use the font/typeface as necessary.

In the Contractor’s initial presentation of concepts, they will provide information on the typefaces used & where they can be acquired. It is the responsibility of the Client to acquire any necessary font licenses (paid or unpaid), so please bear this in mind when approving designs.

It is against the law for the Contractor to provide any client with a ‘copy’ of any font/typeface that they own & have purchased. 

If the Client would like to use a copy of a font/typeface that the Contractor has purchased, to be used commercially, the Client must purchase the respective font/typeface licence, & register it in their name. 

Typically, a font used in a logo will not need to be licensed, as the graphics are converted to vector artwork & can no longer be edited. However, should the Client require a font to use in their own artwork for editing purposes, such as on a website or a print presentation, then they will need their own license through a desktop/website license purchase.

These can typically be found on the below sites however the Contractor will supply full details of this.

Fontspring

MyFonts or Fonts.com

Type Network

RESTRICTIONS

Restrictions to the signing of this agreement 

These Terms of Service do not give the Client the rights or permission to use/modify/alter/replicate or borrow any of the previous ideas/concepts/sketches that the Contractor presents. All original preparation materials, sketches, visuals & unused ideas shown & considered will remain the property of No.55 Limited.

The Contractor is free to use these unused & previous ideas for future conceptual & client work. Where a previously unused idea/design retains a similar look & style to the finished logo, the Contractor shall re-purpose & style so that the end design is sufficiently different so as to not cause conflict.

Unless otherwise agreed & arranged, the Contractor reserves the right to showcase the finished logo & associated designs in their portfolio & in any number of online galleries/portfolio/showcases/awards as well as in printed literature including books & magazines, now & in the future. Associated designs & artwork can include commercial print design/business cards/stationery design/signage/desktop icons/mobile phones & other portable device application icons & imagery. 

ANY supporting artwork & designs required by this project can be used as indicated by the Contractor for personal & professional reasons.

The Client is free to change, modify & adapt the finished logo design as they see fit, but they do so at their own risk.

OWNERSHIP & COPYRIGHT

All preparation materials, sketches, & visuals, including the electronic files used to create the project, remain the property of No.55 Limited. The final artwork/digital files will become the Client’s property only upon final payment of the project. 

If final payment is not received as agreed, all designs & concepts will remain the property of No.55 Limited until payment is received.

If there are issues with the final payment, the Contractor reserves the right to reuse or amend any of these ideas for other clients, or to be used freely as concepts in their portfolio. 

Should the Client attempt to use/modify/alter/replicate or steal any of the Contractor’s ideas without making the agreed final payment, the Contractor will take immediate legal counsel.

No.55 Limited reserves the right to show any artwork, ideas, or sketches created for this project in a portfolio as examples of client work. This is typically, but not limited to the completion of the project. If the Client has any specific ‘secrecy/stealth mode’ or NDA requirements, please mention this before agreeing to the proposal.

Final payment ensures that only the agreed logo design becomes the Clients property. Any previous ideas/concepts remain the property of No.55 Limited unless any prior agreement has been made.

TRADEMARK & COPYRIGHT

Due to the lengthy & often costly procedures required to initiate any form of Trademark, Copyright & legal name search, the Contractor is unable to provide any practical help with this. 

If the Client requires the logo to be registered as a trademark, then they must seek their own legal advice.

BRAND NAMING

The Client takes full responsibility for ensuring that their company/product/name is legally free/available before work is started. Should any legal issues arise relating to the name after the project has been completed, no refunds are possible, & the Contractor is not legally or financially responsible for any problems thus arising.

The Client must ensure the name they are using is free & legally safe to use before committing to a logo project. Project name changes during a project are exceptionally costly, challenging to implement, & cause significant delays. 

If a change of name is required mid-way through a project, & significant logo exploration work has already been presented, then the Contractor will have no choice but to recalculate the total cost of the project, allowing for the reworking involved. The Client will ensure that the name they are using has been subject to appropriate checks, is not in use by someone else, &/or infringes on any other registered trademark, business name etc.

CANCELLATION & REVISIONS

Cancellation during the project

Should the Client choose to cancel the project midway through, where ideas & proposals have already been submitted, a refund of previous payments is not possible. However, depending on the work completed & the overall budget, a portion of the funds may be returned.

Should the Contractor fall ill or are they unable to complete the project due to unforeseen circumstances, a portion of the overall budget will be returned. In most cases, the complete amount will be refunded. If any work, so far completed, can be used for another designer to pick up, then a percentage will be refunded based on the work completed or any other reasonable suggestion will be considered.

Delays & revisions of timeline

Unless agreed in advance, the Client must send through feedback, revisions & requested content - copy, images etc. - within three days of the Contractor submitting design presentations/requests. Should the client miss this deadline by seven days a penalty charge of £20 will be incurred & added to their next invoice.

Project Suspension

The Contractor reserves the right to suspend any project if there is interference with excessive micromanaging, demonstrating a continued lack of trust & inability to move forward after showing more than a reasonable number of unique logo ideas/concepts, &/or showing a reluctance in paying the final payment.

Fair notice will be given with a fair chance to remedy the situation without resorting to project suspension or termination. Any suspension, or termination, will not result in any refunds & all designs & work thus developed remain under the full ownership of No.55 Limited.

Force Majeure

In the event that the Contractor fails to perform any obligation pursuant to these Terms of Service due to an “act of God” or an act of any government, terrorism, riot, war, accident or any deficiency in materials or transportation or any other cause of any nature beyond their control, such failure shall not be deemed to be a breach of these Terms of Service, provided that the Client is notified of the existence & nature of the reason for the Contractors non-performance & delay, & the Contractor resumes performance immediately upon the conclusion of the relevant force majeure. 

LIMITATION OF LIABILITY

Loss or damage

The Client agrees & accepts that No.55 Limited is not legally responsible for any loss or damage suffered or incurred related to the use of any of their services, whether from amendments, errors or omissions in documents, designs, information or any goods or services offered by themselves. This includes the Client’s use or reliance on any third-party content, links, comments or advertisements. The client’s use of, or reliance on, any information or materials the Contractor produces is entirely at their own risk, for which No.55 Limited shall not be liable.

The Client acknowledges that such information & materials may contain inaccuracies or errors & expressly exclude liability of No.55 Limited for any such inaccuracies or errors to the fullest extent permitted by law.

No.55 Limited affirms that all designs presented to the Client will be original & to the best of the Contractor’s knowledge will not infringe/plagiarise any other work. The Contractor will perform limited checks to ensure that their work has not unintentionally infringed on another design, including limited checks against the WIPO database & reverse image checks across search engines. However, the Contractor assumes no legal responsibility for any loss or damage suffered or incurred related to legal issues regarding the originality or authenticity of their work. The Client agrees to perform their own checks & due diligence regarding plagiarism & originality. Should the Client have any concerns, please discuss this item with the Contractor prior to commencing work.