The following Terms and Conditions apply to all services provided by Lena Whitaker trading as ‘oscar rae’ and are designed to ensure that both we and our clients are protected from any unexpected circumstances. These Terms and Conditions are governed by the laws of England.
Please read these Terms and Conditions carefully.
It is not necessary or our clients to have signed an acceptance of these Terms and Conditions for them to apply. By accepting a quotation, it is considered that you have read and accepted these Terms and Conditions in full.
At the time of proposal, oscar rae will provide the client with a written estimate or quotation by email.
A client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our Terms and Condition, or an email acknowledging acceptance of the quotation.
For avoidance of doubt, oscar rae’s Terms and Conditions are what govern the project, not any conditions on the client’s purchase order.
If there is a hard deadline for your project, this must be communicated clearly before acceptance of our quotation or estimation. Once a project is accepted, revisions and a client’s response time will play a major role in our ability to complete a job on time.
A design deadline is not a print or delivery deadline. During our initial discussions we will talk through the timescales and timelines required for supplying completed artwork for the project to be delivered or published. If there are any changes to your deadlines you must inform us immediately so that we can make the necessary adjustments to the project schedule.
At the start of a project, we may also ask for a written brief by email, by way of confirmation of details discussed in any telephone, virtual or physical meetings that have already taken place.
Text: oscar rae are not responsible for writing or editing any text content unless the use of copywriting services has been requested and undertaken. The client should endeavour to supply edited and proofed editorial content wherever possible. In both instances, the client should check all text carefully before artwork sign off. oscar rae will not be responsible for any mistakes highlighted after this stage.
Imagery: All graphic files should be supplied in an editable digital vector format, i.e. an AI, SVG or EPS file. Photographs should be supplied in a high resolution (300dpi or above) format i.e. a JPEG, TIFF or PNG file. oscar rae cannot be held responsible for any image quality below the criteria which the client deems to be unacceptable.
Supply of content: oscar rae are able to accept a clients’ data content in a variety of formats including Microsoft 365 files, Macintosh and Adobe files. It is usually prudent to discuss this with us if you use other industry specific platforms and files.
We accept files via SFTP or other secure method.
Changes/revisions: Amendments are included in the cost up to a set number of revisions which will be stated in the quotation if applicable. We will always seek to be flexible but excessive revisions that cause the work to exceed the parameters of the quotation, or changes that are required once the artwork is signed off, will incur additional charged and are subject to our discretion.
The client agrees that oscar rae holds no responsibility for any amendments made by any third party, before or after the design is published.
Once a client approves a design, it is considered final. Please make sure to proofread your project carefully before approving the final design.
oscar rae are not responsible for any errors in content supplied that have not been highlighted before final approval. Any further amends or additional work associated with the project will be subject to extra charges and will be quoted for separately.
Supply of files: oscar rae will supply PDF files as appropriate for printing, or other graphic or online files or databases, as the project dictates. These files will be released to the client or an agreed third party, such as a printer or developer etc., upon final approval.
A client is free to cancel a project once it has begun for any reason. The client will be billed for any work completed up to the point of cancellation. Cancellations should be made by email. In the event that oscar rae has to cancel a project, we will hand over any work completed up to the point of cancellation and refund any payments made on incomplete work.
oscar rae will not include in any design, text, imagery or other data which we deem to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising authorities. oscar rae also reserve the right to refuse to include submitted material without giving reason. Where a project contract has come to an end, oscar rae will not be held responsible for any such data being included.
Charges for design services to be provided by oscar rae will be set out in the estimate or quotation that is provided to the client.
Unless agreed otherwise with the client, all design services require an advance payment of a minimum of 25% of the project quotation total before the work commences. Where the project requires that oscar rae makes an upfront payment such as hiring a photography studio, the advance payment will be whichever amount is greater, the 25% or upfront fee.
Where estimates or quotations exceed £5,000, these terms are non-discretionary.
All invoices must be paid in full within 30 days of the invoiced date, except where agreed at our own discretion. oscar rae reserves the right to decline further work on a project if there are invoices outstanding with the client.
Late payments are subject to the statutory interest of 8% plus the Bank of England base rate and will be charged starting from the 31st day after the invoice date.
Websites: Any domain names obtained on behalf of the client or website hosting undertaken by oscar rae is charged yearly in advance and unless agreed otherwise website servicing is charged on a monthly basis, also in advance. These charges are non-refundable. Email addresses are supplied with domain names bought through oscar rae at no extra charge. We take no responsibility for domain names, emails or websites hosted elsewhere.
With all website design and build project, we will give you a detailed breakdown of all the costs in our quotation.
After completion and payment for a website, where a client has taken responsibility for updating and maintaining the website, any additional services required will incur a separate charge.
Photography: oscar rae charge a minimum of £15 per royalty free image supplied. This covers our fees and picture research. Where a photograph is rights-managed, we will discuss the fee with the client before any purchase is made. Any commissioned photography undertaken by oscar rae is charged at an hourly rate.
If any images supplied by the client require above and beyond an acceptable amount of retouching or photoshop work, oscar rae will agree a separate cost with the client.
Print: While a client is free to choose and liaise with their own print suppliers, should they require oscar rae to take full control of the print management, this will incur a 15% charge and includes obtaining quotations on the client’s behalf, overseeing the print project and delivery costs.
Source Files: Charges for design work do not cover the release of our copyright design source files, e.g. INDD, PSD, Ai, PNG or other source files. A client’s source files may remain in our archives for an unspecified period of time, but this is for our own purposes. If the client requires these files for transfer to another designer or any other reason, they will be subject to a separate charge. Any files we release to the client should be kept in a safe place and we reserve the right to charge for any further supply of these files.
All price quoted by oscar rae for our services are not subject to VAT. However, VAT may be applicable to subcontractor or printing fees.
oscar rae will assume that the client either owns the copyright or has permission to use all content elements supplied to us – graphics, photographs, designs and trademarks. The copyright for client-supplied content resides with the client, or rightful copyright or trademark owner. We are not to be held responsible for any copyright or licensing issues that occur other than the elements that we have sourced and provided during the course of the project.
Copyright of the completed design and/or other materials created by oscar rae and any other intellectual properties remains with oscar rae unless otherwise agreed. The ownership of artwork, images or text supplied by the client remains with the client.
Any intellectual property – design, copywriting, illustration, idea or code, created by oscar rae, or any of its sub-contractors, are licensed under a non-exclusive limited license to the extent that use of the designs are restricted to the client only for the purpose of the project and its intended use.
Photography: The copyright of all commissioned photography supplied by oscar rae remain with us and may not be distributed, reproduced or used in any way without express permission. Where permission has been sought and granted, our photographs should always be accompanied by a credit, unless a separate exclusive license has been agreed.
The client agrees to allow oscar rae to place a small credit on printed materials, such as exhibition displays, or a link to our website on any digital design, including the client’s website. This will usually be in the form of a small logo or line of text in a discreet position. The client also agrees to oscar rae displaying or linking to their project as part of our portfolio, online or otherwise, writing about their project on websites, or promoting it as our work on our social media channels.
Where we are promoting or displaying any portrait photography, we will only do so where we have obtained a signed model release form or written permission.
oscar rae will not be held responsible for any and all damages resulting from the services it supplies, nor are we responsible for any loss of consequential loss of data, or non-delivery of services for whatever cause. The client agrees not to hold oscar rae responsible for any such loss or damage. Any claim against oscar rae shall be limited to the relevant fee(s) paid by the client. Nor will we be held responsible for any content published on a client’s website or in graphic design that infringes any law, copyright or compliance.
oscar rae reserves the right to use the services of sub-contractors, agents and suppliers, and any work, content, services and usage is bound by their Terms and Conditions.
oscar rae will not be held responsible for loss of service, revenue or data for any website we host due to a service outage experienced by our hosting provider. Where a client has chosen not to engage in a service agreement with oscar rae, it is the client’s sole responsibility for the maintenance and back up of their website. We are not responsible for any update or changes made to a website made by the client or a third party. Full responsibility in such circumstances is assumed by the client.
These Terms and Conditions supersede all previous Terms and Conditions distributed by oscar rae in any form. To maintain the quality of our service to our clients, we reserve the right to change any of these Terms and Conditions at any given time.
These Terms and Conditions were last updated on 31/03/2021.