Terms & Conditions
1. Definitions
The 'client' is any one receiving services or advice from Windy Tree Limited. 'Suppliers' are any third party company who supply goods or services to Windy Tree direct or to the client. 'Image' any shapes, drawings, illustrations, photographs, logos. 'Windy Tree'. Any person employed by, acting on behalf of, or subcontracted by of the company Windy Tree Limited. 'Send to print' refers to final artwork or designs pre-paired and sent to printers whether a printer known and used by WT or by the client.
1.1 No variation of these contact terns will be binded unless agreed in writing between your authorised representative and one of Windy Tree's directors
2. Co-operation
2.1 You agree to help us by making available to us all relevant information and by co-operating with us.
2.2 Windy Tree will require a clear brief and ensure must be provided with necessary information to complete the project.
3. Conditions of sale
3.1 Clients will be given rates / costing from the outset in the from of a quotation at the sign off point when they are invoiced.
3.2 Our written quotation will remain open to payment within 14 days for new clients and upon approval 30 days for account clients.
4. Copyright and Intellectual property rights
4.1 'Intellectual Property Rights' are registered and unregistered trade marks and service marks, registered designs, utility models, design rights, copyright or any application to register any of the same and any other rights in the nature of intellectual property in the UK or elsewhere relating to the services which we undertake for you whether these rights are in existence at the time of our contract with you or created later.
4.2 Windy Tree will retain ownership in all Intellectual Property Rights other than any Intellectual Property Rights which we do not own and which are licensed to us by third parties to enable us to provide the services. Where we use stock materials (for example, photographs or audio works) from commercial or other libraries, we shall obtain a license for you to use those materials.
4.3 Windy Tree warrant that our use of any materials or information that you supply to us does not and will not infringe the intellectual property rights of whatever nature of any third party and that you are authorised to ask us to use such rights in the performance of this contract. You agree to indemnify us against any loss, damages, costs, expenses or other claims which we may suffer or incur arising from any such infringement.
5. Formats and files
5.1 Windy Tree will provide its clients with all necessary art work in order to print any commissioned work. This art work will be supplied in one of the following formats as requested by our clients: - High resolution PDF,EPS, Illustrator AI, TIFF, In Design packaged folder, or other to be discussed between Windy Tree and the clients printer
5.2 Windy Tree will only store client artwork for a limited period of time so it is in the client's interest to make back up of their files used for creating the final product. We cannot be responsible for loss of Data.
6. Sign off
6.1 All projects will enter a stage where they require sign off by the client. Prior to this it is expected that the client has checked the work and is satisfied with the end result.
6.2 Once signed off this indicates that the project is complete. And therefore any amendments would create a new job / project and be invoiced as appropriate.
6.3 It is understood that every effort is made by Windy Tree to identify errors although it is agreed that ultimate responsibility for errors remain with the client.
6.4 A client may ultimately wish to use a proof reader to ensure proofs contain no textual errors. Windy Tree can recommend proof readers, but any proof reader employed for these purposes is done so at the client's full responsibility.
6.5 In the event that any amends are needed, the original proof will need to be amended and proof read again to ensure that any corrections made have not altered the layout the of text.
7. Suppliers and contractors
7.1 On occasions Windy Tree may provide contact details of clients to trusted suppliers if we feel this will be of significant benefit. Windy Tree will always work with trusted suppliers and contractors to ensure the best end product for its clients.
7.2 We shall be entitled to sub-contract any part of the work as agreed in the brief.
8. Timescales
8.1 Windy Tree will operate within timescales mutually agreed with the client at the Briefing stage. Restrictions and amends to original concepts could delay progress; the client will be made aware of this.
9. Code of conduct
9.1. Windy Tree will always do it's up most to satisfy the client by providing a high level of service and customer care. We enjoy working with nice people and feel both ourselves and the client are able to prosper and develop strong working relationships.
9.2 If there is any conflict between or breach of these terms the specific contract shall prevail.
10. Feedback
10.1 Windy Tree will do its up most to keep clients informed on the progress of projects. Windy Tree will arrange regular feedback sessions to discuss project progression. It is understood that failure to attend feedback sessions or provide necessary collateral may hinder the progress of a project, and thus incur additional costs relating to time spent creating collateral that had previously been agreed to be supplied.
11. Process
11.1 Windy Tree's working approach consists of four distinct stages, which enable a structured and efficient process for project managing. The four stage process allows Windy Tree and our clients to review progression of projects against each stage ensuring deadlines are met and the client is always clear as to the progression of their order.
11.2 Preparation: 'The understanding phase'. Every client is unique, at the beginning of our working relationship we need to understand you, your business and needs. We are passionate and enthusiastic about what we do and aim to get under the skin of your brand. Our approach at this stage is to build an excellent understanding of your business through relationship and the sharing of ideas. Flow charts of our process are available on request.
11.3 After obtaining approval to our design concept we will submit work to you for specific approval copy details, layouts and artwork.
11.4 Windy Tree shall not be liable for any errors in such drawings, copy, layout and artwork which have been approved by you or which have been submitted to you.
12. Amendments
12.1 In the event of any amendments differing from the original brief you will be responsible for any resulting expenses and charges incurred by us.
13. Charges
13.1 You will pay us the contract price in accordance with the estimated accepted by you or the order accepted by us together with any increase in price and any additional charges set out in these terms and conditions agreed between you and us.
13.2 Where the estimated shows the contact price in stages we reserve the right to invoice you at each stage.
13.3 Windy Tree will bear the cost of UK postage and UK telephone expenses but we reserve the right to charge you for exceptional expenses of this nature (e.g. couriers, parcel delivery) and all additional travel, subsistence and accommodation expenses.
13.4 We shall include in our invoices, where appropriate, VAT as an additional charge.
13.5 We may increase the cost of our services at any time prior to delivery to reflect any increase in the cost to us which is due to any factor beyond our control (such as alteration of duties, increase in the cost of materials, any change in delivery dates, quantities and specification for our services which are request by you as set out in section 12, or any delay or failure caused by any instructions from the client or failure to provide Windy Tree with adequate information or instructions.
13.6 Where our estimate is based upon an agreed timetable we may increase the cost of our services if we have to change it to meet the client's requirements.
14. Complaints
14.1 Windy Tree will always do its up most to meet and exceed customer expectations. In the unlikely even that a client is dissatisfied Windy Tree will arrange a meeting with the client to rectify the problem.