T & C’s
Terms and Conditions
We
will
always
do
our
best
to
fulfil
your
needs
and
meet
your
goals,
but
sometimes
it
is
best
to
have
a
few
simple
things
written
down
so
that
we
both
know
what's
what,
who
should
do
what
and
what
happens
if
stuff
goes
wrong.
In
this
agreement,
you
won't
find
complicated
legal
terms
or
large
passages
of
unreadable
text.
We
have
no
desire
to
trick
you
into
agreeing
something
that
you
might
later
regret.
We
do
want
what's best for the safety of both parties, now and in the future.
In short:
You
"The
Client"
are
hiring
Us,
AlphaWave,
located
at
7
Queens
Road,
Thame,
Oxfordshire,
OX9
3NF
to
design
stuff
for
the
estimated
total
price
as outlined in our previous correspondence. Of course, it's a little more complicated, but we'll get to that.
What do both parties agree to do?
As
our
customer,
you
have
the
power
and
ability
to
enter
into
this
contract
on
behalf
of
your
company
or
organization.
You
agree
to
provide
us
with
everything
that
we
need
to
complete
the
project
including
a
Design
Brief
(we
can
help
you
write
one
if
needs
be),
Specifications,
Technology,
Samples
and
other
information
as
and
when
we
need
it,
and
in
the
format
that
we
ask
for.
You
agree
to
review
our
work,
provide
feedback
and
sign-off/approve
in
a
timely
manner
too.
Deadlines
work
two
ways
and
you
will
also
be
bound
by
any
dates
that
we
set
together.
You also agree to stick to the payment schedule set out at the end of this contract or otherwise agreed.
We
have
the
experience
and
ability
to
perform
the
services
you
need
from
us
and
we
will
carry
them
out
in
a
professional
and
timely
manner.
Along
the
way
we
will
endeavour
to
meet
all
the
deadlines
set
but
we
can't
be
responsible
for
a
missed
launch
date
or
a
deadline
if
you
have
made
changes,
been
late
in
supplying
materials
or
have
not
approved
or
signed
off
our
work
on-time
at
any
stage.
On
top
of
this
we
will
also
maintain the confidentiality of any information that you give us.
Getting down to the nitty gritty
Design:
We
will
create
a
design
for
the
look-and-feel,
layout
and
functionality
of
your
product.
The
agreement
includes
one
main
design
plus
the
opportunity
for
you
to
make
one
round
of
revisions.
If
you're
not
happy
with
the
design
at
this
stage,
you
will
pay
us
in
full
for
all
of
the
work
that
we
have
produced
until
that
point
and
you
may
either
cancel
this
contract
or
continue
to
commission
us
to
make
further
design
revisions
at the daily rate set out below or in our original estimate.
Prototypes:
We
will
provide
the
data
necessary
to
produce
rapid
prototypes,
but
it
is
down
to
you
to
source
and
buy
them.
We
can
recommend
companies
who we have worked with on other projects - but we do not guarantee their work.
Sign Off/Approval:
For
the
project
to
progress
you
will
sign
off/approve
at
each
stage,
for
example:
Design
->
Prototype
->
Tooling
design
->
Tooling
Manufacture
->
'0'
Series
Production
->
Full
production.
When
a
stage
is
signed
off
it
means
you
are
happy
with
what
we
have
done
and
that
you
have
checked
it
for
errors
and
omissions
and
that
you
take
full
ownership.
Progression
by
you
to
the
next
stage
without
a
formal
sign
off
will
be
deemed
as
approval and as such your responsibility.
Patents legislation, approvals and Intellectual Property (IP):
We
are
a
small
company
and
don't
have
a
legal
department,
we
will
not
knowingly
infringe
any
current
Patents,
legislation,
approvals
or
IP
but
it's
up
to
you
to
formally
check
that
the
designs
comply
to
any
standards
or
legal
requirements
and
do
not
infringe
anything
that's
out
there
right now. Also, we will not make claim to any patentable ideas - again that's down to you.
Changes and revisions:
We
know
from
plenty
of
experience
that
fixed-price
contracts
are
rarely
beneficial
to
you,
as
they
often
limit
you
to
your
first
idea
about
how
something should look, or how it might work. We don't want to limit either your options or your opportunities to change your mind.
The
estimate/quotation
prices
at
the
beginning
of
this
agreement
are
based
on
the
number
of
days
that
we
estimate
we'll
need
to
accomplish
everything
that
you
have
told
us
you
want
to
achieve.
If
you
do
want
to
change
your
mind,
re-design
or
re-style
or
even
add
new
functionality,
that
won't
be
a
problem.
You
will
be
charged
the
daily
rate
set
out
below
or
in
the
estimate
we
gave
you.
Along
the
way
we
might
ask
you
to
put
requests in writing so we can keep track of changes.
Cancellation:
In
the
event
of
cancellation
of
a
project,
ownership
of
all
files,
data
and
the
original
work
shall
be
retained
by
AlphaWave,
and
a
cancellation
fee
for
work
completed,
and
expenses
already
incurred,
shall
be
paid
by
you.
The
cancellation
fee
is
based
on
the
hours
submitted,
if
the
project
is
on
an
hourly
basis
or
a
percentage
based
on
the
time
estimate
for
the
entire
job.
A
100%
cancellation
fee
is
due
once
the
project
has
been
finished,
whether
delivered
to
you
or
not.
If
the
project
is
on
an
hourly
basis
and
the
project
is
cancelled
by
you,
then
you
agree
to
pay
no
less
than
100%
of
the
hours
already
billed
for
the
project
at
the
time
of
cancellation
plus
a
flat
fee
of
50%
of
the
remaining
hours
that
were
expected
to be completed on the project.
Expenses:
You
shall
reimburse
AlphaWave
for
all
expenses
arising
from
this
project,
including
the
payment
of
any
sales
taxes
due,
and
shall
advance
AlphaWave for payment of said expenses, including but not limited to Stock Photography, Artwork and/or material needed for the project.
Technical support:
You
may
already
have
an
in-house
design
department,
if
that's
the
case,
great.
If
you
don't
manage
your
own
drawing
documentation,
we
can
do
that
too.
We
will
charge
you
a
one-off
fee
for
installing
your
data
on
our
server
and
linking
it
to
our
Document
Management
System.
Any
requests, changes etc. will be charged at our current daily rate.
If
you
do
require
help
with
anything
beyond
the
design
and
development
of
your
product,
we'll
be
happy
to
help
and
will
charge
you
at
one
of
our current daily rates.
Legal stuff:
We
can't
guarantee
that
the
designs
will
always
be
error-free
and
so
we
can't
be
liable
to
you
or
any
third
party
for
damages,
including
lost
profits,
lost
savings
or
other
incidental,
consequential
or
special
damages
arising
out
of
the
operation
of
or
inability
to
operate
this
product
and
any
other
product,
even
if
you
have
advised
us
of
the
possibilities
of
such
damages.
If
we
make
an
error,
we
will
always
correct
the
design
data
at our cost.
If
any
provision
of
this
agreement
shall
be
unlawful,
void,
or
for
any
reason
unenforceable,
then
that
provision
shall
be
deemed
severable
from
this agreement and shall not affect the validity and enforceability of any remaining provisions.
Phew!
Copyrights, IP, etc.:
You
guarantee
to
us,
that
any
elements
of
the
design
-
text,
graphics,
photos,
designs,
trademarks,
or
other
technology
or
artwork
that
you
provide us for inclusion in the product are either owned by your good self’s, or that you have permission to use them.
Ownership:
When we receive your final payment, ownership is automatically assigned to you as follows:
You
own
the
design,
IP,
graphics
and
other
elements
that
we
create
specifically
for
you
for
the
project.
We
will
give
you
a
copy
of
all
files
and
you
should
store
them
really
safely
as
we
are
not
required
to
keep
them
or
provide
any
native
source
files
that
we
used
in
making
them.
Ownership
does not by definition include anything that is currently in the public domain or is owned by, or licensed from a third party.
You also own technology, files, text content, photographs and other data you provided, unless someone else owns them.
We
love
to
show
off
our
work
and
share
what
we
have
learned
with
other
people,
so
we
also
reserve
the
right
to
display
and/or
link
to
your
completed project as part of our portfolio and to write about the project on our web site, in magazine articles and in books about design.
Rates:
Unless
you
tell
us
otherwise
we
will
assume
you
would
like
to
go
with
our
“Standard
Rate”
-
if
you
don’t
know
it
–
ask
us,
in
any
case
we
will
bill
you
in1
hour
segments,
for
example
if
we
do
1
–
60
minutes
work
you
will
be
billed
for
1
hour,
if
we
do
61-
120
minutes
work
you
will
be
billed
for 2 hours, etc.
If you want your stuff sooner, please choose either our "Fast" or "Express" rates:
Standard Rate:
5-7 business days - £Standard Rate
Fast Rate:
3-5 business days - £1.25 x Standard Rate
Express Rate: 1-2 business days - £1.5 x Standard Rate
Like
most
people
we
love
spending
bank
holidays
and
weekends
with
our
families,
so,
if
you
want
us
to
work
over
a
bank
holiday
or
at
the
weekend
we
are
happy
to
do
so,
but,
it
will
cost
you
more,
if
you
want
us
to
work
on
a
Saturday
we
will
bill
you
£1.5
x
Standard
Rate
and
on
a
bank holiday or a Sunday we will bill you £2 x Standard Rate.
Payments:
We
are
sure
you
understand
how
important
it
is
as
a
small
business
that
you
pay
the
invoices
that
we
send
you
promptly
and
we
ask
you
to
please
pay
us
within
30
days
of
receipt,
unless
an
alternative
arrangement
has
been
made.
Sometimes,
if
you
are
a
new
client
and
we’ve
never
worked with you before, or depending upon the project, we may ask you to stick to the following payment schedule:
1/2 with order
1/2 on completion (or equal amounts per month if the project is scheduled to run for more than one month).
But where is all the horrible small print?
Just
like
a
parking
ticket,
you
cannot
transfer
this
contract
to
anyone
else
without
our
permission.
This
contract
stays
in
place
and
need
not
be
renewed.
Giving us an order, be it verbal or written, ratifies that you have read and agreed the above terms and conditions.
If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of [English] courts.
Oh, and don't forget those men with big dogs.