Terms & Conditions

  • 1. Introduction

    • 1.1 These terms and conditions of business (“the terms”) govern every contract made between Oaktree-design for the supply of printing, graphic design, illustration, websites or goods and services to any person, firm, charity or company (“the client”).
      1.2 The terms prevail over any written terms and conditions of the client.
      1.3 Any variation to the terms must be agreed in writing by Oaktree-design.
      1.4 All correspondence between Oaktree-design and the client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

  • 2 Price & Payment

    • 2.1 The client will pay Oaktree-design the fixed fee for print products or fee per hour for design services – whichever is agreed at the time of instruction. Graphic design is a service, not a product – customers are billed for the time and expertise of a professional graphic designer. In accordance with industry standards, Oaktree-design charges for design services by the hour (unless a flat fee has been negotiated in writing).
      2.2 Oaktree-design reserves the right to add interest to any account outstanding after 30 days up to the maximum permitted by legislation.
      2.3 Website customers – A 50% deposit is required before any work will commence and must be cleared funds so any cheque deposits must allow up to 5 working days to clear. On completion of any projects the remaining 50% is required upon completion and will remain the property of Oaktree-design until the invoice is paid in full.
      2.4 Print customers – Must pay for print products and any design work up front and in full prior to completion of the job unless otherwise agreed.
      2.5 Any outstanding monies owed – should be paid in full within 30 days of the invoice date, by cash, bank transfer, cheque or Paypal.
      2.6 Oaktree-design reserves the right NOT to release final design files until payment has cleared through its bank.
      2.7 Oaktree-design reserves the right (without disclosing a reason) to demand payment for work on collection at any time.
      2.8 The client will pay any expenses incurred by Oaktree-design in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).

  • 3 Ordering

    • 3.1 Orders for work must be given in writing to Oaktree-design by the client.
      3.2 Not withstanding clause 3.1, if Oaktree-design accepts a verbal order from the client Oaktree-design will not be held responsible for any mistakes (made by either party) arising from that verbal order.
      3.3 Oaktree-design reserves the right to refuse to accept any order.

  • 4 Estimates

    • 4.1 All estimates given by Oaktree-design will be valid for 28 days from the date of estimate.
      4.2 If the client’s final order changes from the original specification made for the quotation, Oaktree-design reserves the right to vary the estimate.
      4.3 Estimates assume that the copy, text, pictures, graphs, pie charts, tables and other illustrations received from the client are final and require no further amendment.
      4.4 Oaktree-design will not touch up, improve or otherwise alter illustrations or graphs etc supplied by the client unless specifically requested to. Hourly rates will apply in all such cases.
      4.5 Estimates assume that there will be a maximum of two sets of proofs and amendments/corrections for all work. Excessive authors amendments (in excess of two sets of proofs/changes) will be charged out at the hourly rate.
      4.6 Oaktree-design will strive to price match or better a like-for-like quote supplied by competitor, although offers no guarantee to do so. Proof of the competing quote is required from the client and any conditions which apply.

  • 5 Turnaround Times

    • 5.1 The start of the project shall begin once, and only when, the client has supplied any and all images, text or other elements needed for the project. If a deadline is missed due to a client submitting images, text or any other element after an agreed upon time/date Oaktree-design takes no responsibility for the missed deadline.
      5.2 It is up to the client to set themselves realistic timescales for the production of graphic design and/or printed work. As well as weekends, national holidays and the constraints of normal office hours, there are elements of the creative process which cannot be fasttracked (such as drying times, reprographics, folding, delivery times etc).
      5.3 Where quoted, turnaround times are normal target times only and Oaktree-design accepts no liability for failure to meet these times, but will always use its best endeavours to do so.
      5.4 Where a client misses a time critical deadlines, this may result in their work missing printing slots booked on a client’s behalf. This will usually result in missed delivery deadlines. Oaktree-design will use best endeavours to minimise the adverse impact of missed deadlines – but the onus is on the client to meet agreed deadlines in the first place as per 5.1.

  • 6 Print Finish

    • 6.1 Unless stated by the client, Oaktree-design will decide, at its discretion, which print finish to use (either matt or silk).

  • 7 Images

    • 7.1 It is the client’s responsibility to supply 300dpi images for print or 72dpi images for web, unless otherwise agreed with Oaktree-design.
      7.2 Oaktree-design cannot be held responsible for loss of earnings as a result of images being low resolution.
    • 7.3 Any images supplied by the client to Oaktree-design are done so in good faith and the client has sought permission of the oweners to use said images.

  • 8 Color Balancing, Proofing & Cutting

    • 8.1 Clients need to be aware that when undertaking full colour printing using the CMYK printing system, it is difficult to guarantee exact colour matches with reference to Pantone colour numbers and slight variations of colours throughout a printed batch. 
      8.2 Clients are advised that pdf proofs, when viewed on screen or printed off, are not 100% colour accurate and there may be some variation in tone due to lighting effects, paper specification etc.
      8.3 As a matter of course, the cost of digital proofs are not included in Oaktree-design estimates. 
      8.4 Clients need to be aware that the cutting process of any printed products requires an allowance of 3mm (bleed) along the horizontal or vertical line.

  • 9 Uncollected work

    • 9.1 If any items of work including prints and original files belonging to a client are not collected after 6 months of the requested work being done, Oaktree-design reserve the right to dispose of such material.

  • 10 Copyright, moral rights and consents

    • 10.1 Oaktree-design claims no copyright in material submitted to us for the purposes of fulfilling the clients instruction.
      10.2 The client warrants that the client owns or controls all rights, has obtained all copyright, or has permissions, consents and waivers that as are now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by Oaktree-design.
      10.3 The client also warrants that no copyright or moral rights will be infringed by Oaktree-design carrying out the requested work.
      10.4 The client agrees to indemnify Oaktree-design against all losses, damages, claims or expenses which Oaktree-design may incur by virtue of any breach of the above warranties.
      10.5 Clients should obtain the consent of any adult or, in the case of children, from the guardian or parent of the child, for the use, re-production and/or printing of any photograph featuring that person. Oaktree-design cannot be held liable for any infringement of privacy, or any damages arising from, the use of such photographs.
      10.6 Ownership of the final artwork becomes the full property of the client upon payment of all fees. Oaktree-design retains ownership of all draft materials not used in the final design. This includes layered photoshop files, illustrator files, original flash files, InDesign files etc, remain our intellectual property and cannot be released to the client unless explicitly negotiated. For copyright reasons fonts used within a project cannot be released either. Under copyright law, the design company is the owner of all files and artwork created for the client, and the client is the owner of the end product (i.e. a printed business cards). Release of electronic files to the client is at the discretion of the designer and is determined by the type of project. Copyright ownership may be transferred to the client for a fee that is based on the uses for which rights are being transferred.
      10.7 Oaktree-design reserves the right to display any artwork designed by Oaktree-design for promotional display or use.

  • 11 Liability

    • 11.1 The client must contact Oaktree-design, concerning the details of any Oaktree-design invoice, or any complaint, within 7 days of the date of the invoice. Letters of complaint should be on the client’s headed notepaper and signed on behalf of the client by a Director of the firm, charity or organisation.
      11.2 Where it is mutually agreed that sub-standard work should be reprinted in whole or part, the client should arrange for all items to be returned, completely in unopened boxes.
      11.3 The use by the client of any items which he/she regards as sub-standard will be deemed by Oaktree-design as acceptance by the client that the item is fit for use and full repayment will be expected.
      11.4 Oaktree-design liability to the client or any other party for the loss including theft, or destruction or damage to any materials provided by the client which are deposited with Oaktree-design for whatever reason;-
      – 11.4.1 Will be limited to the replacement cost of the actual material and;
      – 11.4.2 Oaktree-design will not be liable for the cost of reshooting or reprinting the material contained on the material and;
      – 11.4.3 Oaktree-design will not be liable for any loss or damage to the client or any other party including loss of income and;
      – 11.4.4 It is the clients responsibility to insure against such loss and damage.
      11.5 Oaktree-design will not be liable for failing to complete any contract between Oaktree-design and the client due to circumstances beyond Oaktree-design’s control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.

  • 12 Returns Policy & Discounts

    • 12.1 Any goods must be returned within 14 days of collection/delivery.
      12.2 It is not the policy of the company to give discounts, refunds or partial refunds.

  • 13 Cancellations

    • 13.1 Any cancellations will be discussed at the time of cancellation with the client as all projects vary in turnaround time. If the work has not yet commenced the order can be cancelled and the client will not incur any cancellation costs and any deposits can be refunded within 48 hours. For orders which have been started and are already in print production no refunds will be given. Payment for any cancellations will be due as per your payment terms.
      13.2 If the client of Oaktree-design is working with, or for a third party and they cancel the project, the cost of any work produced or time lost will be covered by the initial client and paid to Oaktree-design in full.

  • 14 Amendment

    • 14.1 These terms may be changed, amended or altered in part, or in full, without warning by Oaktree-design. It is the responsibility of the client, and his/her staff, to read and understand these terms and conditions.

  • 15 Data Backup

    • 15.1 Whilst Oaktree-design. shall use its reasonable endeavours to ensure that backup copies of the Client’s Web Site and all Client data contained in the Web Site are made at reasonable intervals, the Client shall be solely responsible for the backup of such data and Oaktree-design shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the Client which are due to the failure of the Client or Oaktree-design to back up such data. If the Client requests a restore for reasons other than an error by Oaktree-design, then Oaktree-design reserves the right to charge for this service.
      15.2 Where Oaktree-design had been requested to perform additional backup services, Oaktree-design will only backup whatever is specified in writing. Oaktree-design cannot be held responsible for extra items not included in backup routines if not requested to do so in writing.

  • 16 Website Updates

    • 16.1 Oaktree-design does not undertake to maintain or update a client’s website as part of the web design process. If a client wishes Oaktree-design to maintain or update a web site as a separate agreement, Oaktree-design will negotiate with the client a maintenance contract appropriate to the amount of work required.

  • 17 Search Engines

    • 17.1 Oaktree-design accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client’s web site.