Terms & Conditions
1. Acceptance of Terms
These Terms of Service (this “Agreement”) between Wilkin Design (“we”, “us”, “Designer”, “Chloe Wilkin” or “Wilkin Design”) and any third party freelancers (“we”, “us”, “freelancer” or “Wilkin Design”) hired through Wilkin Design and you govern your access and use of our services platform made available through www.wilkindesign.co.uk (this “Site”) and the subscription or other services we provide (the “Services”). By using this Site and accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
This Site is controlled and operated by Chloe Wilkin from the United Kingdom. We make no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal is prohibited. Those who choose to access this site from locations outside the United Kingdom are responsible for compliance with all applicable laws. We may update this Agreement from time to time. By continuing to use this Site and the Services after the update, you accept the update in its entirety. All updates are effective upon posting. We encourage you to check the “Terms of Service” link in the footer each time you visit this Site, so you are aware of any updates.
2. Privacy Policy
Our privacy policy, which can be found here (the “Privacy Policy”), describes how we may use your personal information. By continuing to use this Site, you accept the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy, please leave this Site immediately.
3. The Brief
You must provide a brief and ensure all spelling is correct. Any designs, logos or images you want included in a design must be owned by you and/or the company/business.
4. Price and Payment Terms
The project price is based upon industry standards and each project on its own merit based upon the brief. Prices are expected to increase each financial year with the rate of inflation. The price for projects does not include VAT as Wilkin Design is not VAT registered. Prices includes everything listed on www.wilkindesign.co.uk/services.
Due to the nature of our work, our payment terms vary between services. Some services require either full price upfront OR paying a 20% deposit upfront and then the remaining 80% of the price within 30 days of receiving the invoice. Other services only require full payment up front. Our monthly package services are invoiced to the client on the first working day of the month. The client has 14 days to pay the invoice in full. Full details are included in the contract which the client receives and must sign.
If no payment has been made within the invoice terms, Wilkin Design will not commence any design work until Wilkin Design has received payment. A payment must be made after the client has agreed to the contract. The client will not receive any design files until Wilkin Design has received the full payment of the project. If the client fails to make a payment during the monthly package service, all work will come to a stop until the full invoice has been paid. If the client has chosen one of our monthly service packages, we recommend that the client sets up a standing order to avoid missing payments and therefore prevent work coming to a stop.
4a. Late fee
If the client has not paid the full amount of the project within 30 days of receiving the invoice, a late fee of 1.5% interest will be added to the project and invoice. The late fee is added to the invoice each week any remaining payment is late. This only applies to single services.
If the project takes Wilkin Design longer than 30 days to complete, the client will not be charged a late fee, however the late fee applies to the agreed upon date between us and the client.
4b. Kill fee
If the client cancels the project at any time from signing the contract to the final stages of the project, Wilkin Design is immediately entitled to a kill fee of 50% of the project price. This only applies to the single services.
All payments must be paid to the following bank account:
Bank: NatWest
WILKIN CK
Account Number: 75486695
Sort Code: 51-61-35
With the client’s or company name as reference.
This information is also included on the invoice.
5. Revisions
For single services, the project price does not include an unlimited amount of revisions. It has been our experience that good communication between the designer and the client can limit the number of revisions to just minor changes rather than complete do-overs. Minor changes and adjustments are part of the design process, where as do-overs are a symptom of poor communication. Therefore, we suggest that for the proposed cost of the project we will include five rounds of adjustments/revisions. Beyond that, the cost of further adjustments will be added to the invoice. Revisions do not include work exceeding the Project Information as defined in this agreement. Wilkin Design may decline or charge additionally for work that the Designer reasonably deems to be beyond the Project Information. For our monthly service packages, the client is entitled to an unlimited amount of revisions and concepts.
6. Copyright and Ownership
Until full payment has been made, Wilkin Design retains ownership of all original design work. Upon full payment, the client shall obtain ownership of the final designs, artwork and files to use and distribute as they see fit. Wilkin Design retains the right to use the completed project and any preliminary designs for the purpose of, but not limited to, design competitions, future publications, educational purposes, marketing materials, portfolio, website and social media. Where applicable, the client will be given any necessary credit for usage of the project elements. Any sensitive and personal information shall be redacted by Wilkin Design prior to use. If the client uses the design for profitable materials, such as clothing and merchandise, Wilkin Design is entitled to profit share agreed upon between us and the client. This applies to all services.
7. Project Schedule and Delivery of Project
The client will assume any shipping or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. Wilkin Design shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of Wilkin Design. If such event(s) occur, it shall entitle Wilkin Design to extend the completion/delivery date, by the time equivalent to the period of such delay.
8. Claims Period
Claims for defects, damages and/or shortages must be made by the client in writing within a period of 10 days after delivery of all or any part of the order. Failure to make such a claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with the terms, conditions and specifications.
9. Proofing of Final Project
Wilkin Design will make every effort to ensure the final design(s) is free of any grammatical and spelling errors, before giving the final design(s) to the client or making any work public. It is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final design(s). It is agreed that Wilkin Design is not responsible or held liable for any errors contained in the final design(s) after the final design(s) have been committed to print or posted in view of the public.
10. Cancellation
Single services - In the event of cancellation of the project, ownership of all copyrights and the original designs and files shall be retained by Wilkin Design, and a fee for the work completed, based on the contract price and expenses already incurred, shall be paid by the client. The client may also have to pay a kill fee.
Monthly service package - The client can cancel at anytime with no additional costs.
11. Confidentiality
All correspondence, account details and documents provided will be treated as confidential between the client and Wilkin Design, unless consent has been granted by both parties involved.
12. Links to Third-Party Platforms
If this Site is available through any third-party platform, or if we provide links from this Site to any third-party platform, then we do not accept responsibility for any content or practices of such third parties.