terms & conditions

Wording: When the words “we” and “us” are used, they refer to Circle Design Co. “You” relates to you, the client. For example, “we will carry out work for you” translates to “Circle Design Co. will carry out work for Client X”.

Initial Correspondence: Once initial contact has been made, ongoing discussions about projects are not charged or added to any invoices until a Project Proposal has been agreed.

Project Proposal: We will send a Project Proposal to you once we have agreed what work you need carrying out. The Project Proposal is not binding until you reply to us in writing or otherwise specifying that you wish to continue with the project. We include an initial Quotation in the Project Proposal. This Quotation is not binding until agreed after the Project Proposal is agreed. We can also use previous written correspondence (emails, letters, etc) as agreed work for the specified Quotation amount.

Deadlines: Deadlines are reference for you and for us. We will always give our best efforts in order to meet the deadline, though this should be used as a reference rather than a binding timescale. However, this is on the basis of you providing timely replies, feedback and any revisions to us on request. We also use a deadline as a guide as to when we expect you to be able to complete the project. We reserve the right to request a reasonable explanation as to why a project has stalled because of your actions (or lack of) at our discretion. We also reserve the right to terminate our working relationship or contract at our discretion. You will be given an explanation for the reasoning. There may be a final charge to close any project that is terminated.

Quotation & Invoice: A formal Quotation will be sent to you when the Project Proposal has been agreed. Once the Quotation has been received and agreed, the price for the project is set for the works outlined. Any additional works can subject to additional charges where applicable. This is at done at our discretion should we feel that additional work or requests are too much to fall within the agreed Quotation and Invoice. We will always let you know this when discussing any additional works or requests. The price on a Quotation and Invoice is valid for 14 days. When you receive an Invoice, payment should be made within 14 days of the date on the Invoice. Before any work is undertaken by us, we require a minimum of a 25% deposit. This can be up to 50% and the percentage is chosen at our discretion. Once the deposit is received, we will begin work on your project.

Revisions to Invoices: If it becomes apparent that the project is going in a different direction or requests are made by the client that are significantly different to the agreed project proposal before work commenced, we are obliged to revise any invoices and quotations once a project is already being worked on. This will always be discussed beforehand and you will not be surprised by a larger invoice at the end of your project. We will discuss the reasons for any revisions will full transparency in order to come to an agreement between us and you as the client. Normally, once an invoice is revised, it may be necessary for us to request an additional stage payment. This will be on top of the deposit you will have most likely already paid. This will be made clear in the revised invoice that you will receive from us on agreement.

Unlimited Revisions: We usually offer our clients ‘unlimited revisions’. However, if we deem this to be abused by a client, we can advise that you may only have a certain amount of revisions remaining. You cannot use ‘unlimited revisions’ for drastic changes once the project has already been progressing for some time. Any additional support that is outlined in a Project Proposal or Invoice will expire within two months of your final payment. This can be adapted at our discretion.

Before Completion: We will update you with the progress of your project as and when we can. We will always stick to the Project Proposal brief unless otherwise specified. It is your responsibility to notify us of any modifications that you want as soon as possible after you have seen any previews. If you are offered unlimited revisions, they are included inline with the agreed project brief and apply to any work carried out by us. They do not apply to work carried out by anybody apart from us. If your requests stray from the Project Proposal and brief to an extent that it is more work than was originally agreed in the Project Proposal, Quotation and Invoice, we will contact you to discuss this. Please note, deposits are non-refundable as we will have already started work on your project.

Completion: Work on a project is complete when all of the tasks listed on the agreed Quotation or Invoice are met. This means that we have completed all of our tasks and work set out in a Project Proposal, Quotation and Invoice. We will contact you to let you know that the work is complete. If you wish for more work to be carried out following this dialogue, your project may be subject to additional charges. These are decided at our discretion and whether we feel the works fall justifiably within the agreed price. We will always let you know if your requests will be subject to a further cost. Once you and us are satisfied that the work is complete, we require the final instalment of the agreed price to be paid before you receive your work, have access to your work or start to make any changes to the work. For example, we agree that work is complete with you, you then pay the remaining balance and then we can upload your website when the funds have been received. By making your final payment, you are agreeing that you are happy that the agreed work has been fulfilled and that you are satisfied with the end result. We are obliged to request a final payment before certain client requests are made and/or addressed; such as the creation of Administrator Accounts in order for the client to have control and/or edit and manage the website. A final balance must be received prior to any work being transferred to the client. We are further obliged to request a final balance when the agreed work is completed but completion is stalled for any reason by the client. You will always be made aware of this and will have 14 days to make a final payment once the final balance invoice has been issued. You will always be made aware of why a final balance or additional payment is requested before the invoice is produced. Failure to satisfy the invoice within the payment term will result in legal proceedings being issued. You will be subject to any legal fees and charges on top of the invoiced amount. We will contact you to notify you that further action is being taken on the day that it is decided that this direction is necessary. We are the sole owners of all of our work until a final payment has been received. If a final payment is not received, we reserve the right to remove any of our work. Using any of our work without a final payment being received by us will result in further action being taken.

After Service: As a client of Circle Design Co., you will receive support from us for up to two months after your final payment. For example, if we made you a website, we will ensure that any problems you report with the site are dealt with as soon as possible. Please note that there will be no further charges for any “normal” problems. A “normal” problem is something that we can amend quickly. For example, a technicality such as a simple spelling mistake you have discovered on your website. However, should you request that something significant be undertaken, such as the implementation of a new page on your website, you will need a new quotation and must agree on our pricing before any work is undertaken. It is at our discretion as to what we deem as work requiring a further charge and work that does not. We will always make you aware of After Service work with additional charges before undertaking it.

Renewals: If we are managing any services for you that are on a monthly or annual basis, we assume that you would like them to renew automatically unless we hear otherwise. You will be invoiced near to the date of renewal and usually one month in advance of expiry. It is up to you to let us know if you do not want any services to renew automatically at least 28 days before the renewal date. You are subject to any renewal costs if notice is not given as outlined above.

Deposits: By making a deposit, you are agreeing to our Terms & Conditions. Deposits will be at least 25% and a maximum of 50% of the final price agreed in the Project Proposal, Quotation and Invoice. The percentage is based on the total sum agreed. We choose the percentage at our discretion. Deposits are non-refundable. Once received, we will begin work on your project. Once 48hrs has passed since the deposit has been received by us, we assume that you wish for your project to be completed. It is your responsibility to inform us if this is not correct within 48hrs of making your deposit. If a project is deemed to be delayed or prolonged for a significant period of time (judged by us) by yourself, we have the right to request a further percentage of the total project cost. You will be notified of this via email.

Payment Agreements: We are able to offer payment agreements to take payments in stages. This is at our discretion and will be discussed prior to any project being undertaken. You will need to sign a form to agree to the terms of any Payment Agreement. This is binding. Any failure to adhere to the terms of the Payment Agreement will mean that work on the project will cease. As with normal Deposits, when using a Payment Agreement, the Deposit is non-refundable. You can make early payments to end your payment agreement early. Please contact us if you wish to discuss this.

Termination and/or Cancellation: We can inform you of the termination or cancellation of any service within 48hrs. This is done at our discretion. However, you will always get 48hrs notice. For websites, hosting, management and SEO management there can often be a termination or cancellation fee. The total can differ and you will always be made aware of this. Termination and cancellation by us can for any reason that we deem to breach the arrangement or agreement between you and us. Furthermore, failure to make payments with no acceptable reason will automatically mean that the termination or cancellation procedure will begin. Again, it is at our discretion that we decide what is or is not an acceptable explanation for failing to make payments on time or at all. A request made by you to terminate or cancel any existing work or agreement will require a full and documented explanation. This will be reviewed and can take up to 28 days (see Disputes & Complaints).

Our Rights: We reserve the right to request an approximate timeframe for completion when we deem a project to be near completion. Once the terms of the Project Proposal are met, we believe that a project is complete. We understand that additional works or changes may be requested throughout the process and they are added onto our your Project Proposal and where deemed acceptable, without charge. We reserve the right to charge for any additional work or changes if we deem them to be beyond the original total. Once additional work has been agreed, a new invoice will be created. You will always be advised of any additional work, changes, costs or invoice terms. Additional work may require a further deposit. We reserve the right to request a further percentage of the original total if you do not provide a reasonable reason as to why you don’t believe the project is complete. For example, a completed project should not lie dormant for longer than 10 working days without a reasonable explanation for why we have not received a final payment. We reserve the right to withdraw from any contracts (Project Proposal, Invoice, etc) if our access to any project or product is withheld. We reserve the right to show all work that has been completed by us via portfolios, to clients requesting to view similar work, via social media and any other avenue of our choosing. You may request that any links to yourself or your company are removed from our website at any time. We reserve the right to request a further percentage of the final fee when we believe that a project is being prolonged for no apparent or reasonable reason.

Late Payments: We reserve the right to add 10% interest per day onto any late payments. This does not include deposit payments. We expect invoices to be paid either on receipt or within seven days of the invoice date unless otherwise specified within the Project Proposal or invoice itself.

Invoicing & Payments: Circle Design Co. is a company that advertises the work of freelance graphic designers. Due to this method of working, you may sometimes be invoiced directly by a freelancer. This will be clear on the invoice despite the header stating ‘Circle Design Co.’ or ‘circledesignco.’. Invoices are subject to multiple revisions at our discretion. Reasonings will always be given if and when an invoice is revised. If you have any queries about invoices and where your payments are requested to be made, please don’t hesitate to contact william@circledesignco.co.uk.

Our Working Methods: ‘Circle Design Co.’ and ‘circledesignco.’ are trading names that we as freelancers operate under. We want our clients to appreciate that whilst our working method is on a freelance basis, that all freelancers associated with circledesignco. are expected to work to an exceptionally high level whilst giving the client the best service possible. Therefore, freelancers that carry the circledesignco. trading name can trusted on the basis expressed previously.

Ongoing Work, Management Plans or ‘Retainers’: Retainers are not refundable. For example, a payment on the first day of the month with a requested termination on the second day of the month will not mean you are eligible for a refund. There is no contract with a retainer or management plan, however, you must give seven working days notice of your intention to cancel. If you don’t do this, you will be liable for the full cost of the sequential payment. You can request to cancel any agreement at any point. Alternatively, you will always be given notice of any changes to a retainer or management plan in terms of agreed work from us. Whilst there is no contract, we will always endeavour to honour the agreed work where possible unless there are unforeseen circumstances. If this is not possible, we will provide notice at the earliest opportunity. Whilst the retainer will cover the work that is agreed, large scale requests may be subject to additional costs. Our rates are subject to fluctuate during any Management Plan or Retainer period with the higher rate taking precedence over any other rate. Any unused time remaining within a Management Plan or Retainer period will be reimbursed to you on a pro rata basis. This is subject to review and can take up to 28 days.

Disputes & Complaints: If you have cause to file a dispute or complaint, please contact us in writing at william@CircleDesignCo.co.uk stating your project number and name. Please give us as much detail as you can about your issue. Any necessary review and reply will be received by you within 28 working days. Please note that we can only review disputes and/or complaints that fall within three months (90 days) of any final payment that has been made. If we are unable to resolve your issue via this method, please write to us at an address that will be provided to you.

Portfolio Rights: We retain the nonexclusive, perpetual and world-wide rights to display, reproduce and distribute the designs in our portfolio, our website, third-party trade publications, awards and exhibits. This is solely for the purpose of promoting or giving examples of our work. We retain the right to be credited with authorship of any work.

Privacy: Any information you enter via our contact forms is stored on an encrypted server managed by one of our trusted partners. Our partner does not have access to any of your details. You can request that your details are removed by contacting us at any time.

Cookies: We use the information gathered by cookies to measure information about our website usage. We can learn which pages on our site are being viewed and how many visitors are using the different sections of this website. This information helps us assess how useful the site is to our visitors and improve the usability of the website on an ongoing basis. There are a wide range of website analytics tools available. Our provider is Google Analytics – a third party that provides monitoring and analysis services. Google Analytics reporting helps us understand how many visitors we have, which pages are visited and helps us improve and develop our site. Google Analytics uses a cookie to track the number of unique users of the site, but does not enable us to identify any individuals.

Version 2.5 - Updated June 2022

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