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Terms & Conditions

  1. The quotation is valid for 30 days from date of issue.

  2. The quotation is an estimate based on the initial discussion and requests. Whilst every effort will be made to complete the work in time and to budget, if there are additional amendments and job specifications are changed further quotation(s) may be required and the timescale of the project may be affected. Where there is a change to the agreed brief, Black Opal Design will inform the client in advance of any extra costs likely to be incurred.

  3. Payment for the proposed work is to be made on receipt of invoice or nearest convenience. In the event of late payment, Black Opal Design reserves the right to charge interest at 8% above current Bank of England rates.

  4. Black Opal Design is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

  5. By supplying images, text, or any other data to Black Opal Design, the client grants Black Opal Design permission to use this material freely in the pursuit of the design. The client hereby agrees that all media and content made available to Black Opal Design for use in the project are either owned by the client or used with full permission of the original authors. The client agrees to hold harmless, protect and defend Black Opal Design from any claim or suit that may arise as a result of using the supplied media and content.

  6. It remains the client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the client by Black Opal Design.

  7. Black Opal Design cannot guarantee the client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore, Black Opal Design will not accept liability for any alleged claim from the client or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.

  8. If a choice of designs is presented as part of the creative process, only the chosen design is deemed to be given by us as fulfilling the contract. All other designs remain the property of Black Opal Design, unless specifically agreed in writing.

  9. Should Black Opal Design agree to provide design concepts as part of a pitch (whether free of charge or subject to a pitch fee), the design (which includes the design idea) remains the property of the Black Opal Design until such time it is purchased by the client.

  10. The client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the client and Black Opal Design.

  11. The client has the right to reject Black Opal Design’s designs but Black Opal Design will pursue damages should the client utilise the design concept (or the core design idea).

  12. The client agrees that Black Opal Design reserves the right to include any work done for the client in a portfolio of work.

  13. By accepting a quotation or making a payment of invoice to use the services supplied, the client acknowledges to have read, understood, and accepted the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.

  14. Black Opal Design reserves the right to alter these Terms and Conditions at any time without prior notice.

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