Wedding Terms & Conditions
TERMS & CONDITIONS
The Contract
Every order placed with Ivy White (“we, our or us”) is subject to the terms and conditions laid out here at the time you place that order. We reserve the right to change these terms and conditions at any time. Changes will come into effect when posted on www.ivywhite.co.uk (“the website”). You should read the terms and conditions whenever you use the website, and your continued use of the website signifies that you accept them. If there is anything you do not understand please contact us before you a place an order. The applicable terms and conditions will be those posted on the website at the time your order is placed. Any amendments to these terms and conditions must be agreed in writing.
When you agree to purchase products or design services from us you will be sent a quote outlining the full cost of the order. If you agree to this, you will be sent an invoice via email. The first invoice will represent 50% of the total price of your order. You are required to pay this as a non-refundable deposit to confirm your order. In doing so you are entering into a binding contract with Ivy White and indicating that you agree all terms and conditions.
Deposits & Payment
There is no VAT to pay on Ivy White products and services. From time-to-time pricing may be adjusted but the website will always carry the most up-to-date price.
Deadlines, Shipping & Delivery Estimates
We will always give you an estimated timescale for design and production of your stationery, but this will always be an estimate. Whilst we always do our best to meet deadlines there are rare occasions where circumstances beyond our control may prevent this and so deadlines cannot be guaranteed. We will always keep you informed if there is a problem. In the case of both UK and international shipping Ivy White cannot be held responsible for delays caused by the carrier.
Once you have paid for your stationery in full you will become the owner of any products produced (whether personalised or not) but you will not own the actual artwork created in the design process. Ownership and copyright of this artwork will always belong to Ivy White. Once the products have been delivered to you, please take good care of them – we will not be liable for any loss or damage.
Unless expressly agreed by us in writing, Ivy White remains the owner of all copyright and other intellectual property rights relating to the artwork and designs produced and delivered to you. You must not reproduce, share or otherwise use designs created for you for any other purpose than outlined in your initial order. If you are interested in obtaining the rights to any of our work, please contact us.
Refunds, Cancellations or Returns
As most of Ivy White products are bespoke and personalised, they cannot be returned (please see below for exceptions). If a product arrives which is damaged or faulty, please contact us within 3 days of receiving it and we will discuss how best to put the situation right. Should you wish to request a refund for faulty or damaged goods please return them to us and we will refund the payment of the second 50% invoice.
Limitation of Liability
Please note we can accept no liability for damaged or faulty goods if you do not notify us of the problem within 3 days of receipt.
We cannot be held responsible for any damages, loss or costs whether direct or indirect, no matter how they occur (including loss of business or damage to business relationships) and whether based on contract or tort resulting from any of the following: inaccuracies or errors of content on the website; transmission of viruses, bugs, or similar, which may be spread to or through the website by a third party; the unauthorised access to or use of our system and/or any and all personal data stored on it; and any down time on our website.
Third Parties
In line with the Contracts (Rights of Third Parties) Act 1999 this contract does not give any person who is not a party to it any right to enforce its terms.
Invalidity & Jurisdiction
In the event that any part of these terms and conditions is deemed unenforceable (including any clause in which we exclude our liability to you) this will not affect the enforceability of any other part of these terms.
This contract is governed by English law and is subject only to the jurisdiction of the English courts.
TERMS RELATING TO BESPOKE STATIONERY
THIS SECTION RELATES TO THE FULLY BESPOKE STATIONERY
Supplying Text
You must supply the text for your stationery and are responsible for ensuring all the details are correct. Design cannot begin before you have supplied your required text. You will have the opportunity to make changes in the agreed number of rounds of amends during the design process. All changes to the design must be made before the design goes to print, no further amends can be made after this point.
Proofs
Electronic proofs are included as part of the agreed price and will be sent by email unless otherwise agreed. Hard copy proofs are available at an additional cost. The bespoke design process includes two rounds of amends and three electronic proofs. You will be required to check these proofs carefully and make us aware of any amends that are required. Once the final proof has been signed off and the artwork has been sent to print no further amends can be made. You are responsible for ensuring the text and designs are completely correct.
If further design rounds above the agreed number are required, we reserve the right to charge £35 per hour for this service.
Ivy White is not responsible for the cost of reprinting if errors (such as spelling mistakes) are discovered after the design has gone to print.
Delays
We are not responsible for any delays caused by your failure to check and sign off proofs or supply any detail within a reasonable time frame agreed between us. We are not responsible for any fees incurred by delays caused by your failure to respond on time.
Cancellation
The initial 50% deposit is non-refundable. If you wish to cancel your order during the design process before the artwork has gone to print, you will not be required to pay the second 50% due on the stationery. Once you have paid the second 50% the sale becomes final. All sales of bespoke stationery and stamps are final except where a product is damaged or faulty. If this is the case, you must notify us with 3 days of the receipt of the products. See above for more details.
TERMS RELATING TO READY-TO-PRINT STATIONERY
Supplying Text
You must supply the text for your stationery and are responsible for ensuring all the details are correct. Design cannot begin before you have supplied your required text. You will have the opportunity to make changes in the agreed number of rounds of amends during the design process. All changes to the design must be made before the design goes to print, no further amends can be made after this point.
Proofs
Electronic proofs are included as part of the agreed price and will be sent by email unless otherwise agreed. Hard copy proofs are available at an additional cost. The ready-to-print design process includes one round of amends and two electronic proofs. You will be required to check these proofs carefully and make us aware of any amends that are required. Once the final proof has been signed off and the artwork has been sent to print no further amends can be made. You are responsible for ensuring the text and designs are completely correct.
If further design rounds are required, we reserve the right to charge £35 per hour for this service.
Ivy White is not responsible for the cost of reprinting if errors (such as spelling mistakes) are discovered after the design has gone to print.
Delays
We are not responsible for any delays caused by your failure to check and sign off proofs or supply detail within a reasonable time frame agreed between us. We are not responsible for any fees incurred by delays caused by your failure to respond on time.
We are also not responsible for any delays due to postal and courier services.
Cancellations
The initial 50% deposit is non-refundable. If you wish to cancel your order during the design process and before the artwork has gone to print you will not be required to pay the second 50% due on the stationery. Once you have paid the second 50% the sale becomes final. All sales of ready-to-print stationery are final except where a product is found to be damaged or faulty. If this is the case, you must notify us with 3 days of the receipt of the products. See above for more details.
TERMS RELATING TO THE USAGE OF THE WEBSITE
The Website
Every product or service advertised on our website is sold subject to description. We do our utmost to ensure that all information about our products, including but not limited to production information, availability and pricing is correct. Whilst we aim to keep the website as up to date as possible, the information you see may not always completely represent the product perfectly.
We can offer no guarantee that the information displayed on the website is completely correct. However, we always do our best to ensure that all content and information found on our site is as accurate as possible at the time it is published. We reserve the right to make changes to any information on the site at any time.
Intellectual Property & Copyright
All content on www.ivywhite.co.uk is the property of or licensed to Rachel Notarbartolo (Ivy White) and is subject to copyright and other intellectual property laws. Everything found on this website can be used by you for your own personal, non-commercial purposes only, including but not limited to all content, designs, images, photography, code and fonts.
E-Communications
We will use email to contact you or communicate any necessary information by posting on the website. By using email or the Ivy White website to contact us you agree that all electronic communications between us constitute receiving those messages in writing.
Graphic Design Terms & Conditions
Graphic Design Terms & Conditions
Restrictions to the signing of this agreement
These Terms of Service do not give you the rights or permission to use/modify/alter/replicate or borrow any of the previous ideas/concepts/sketches that I present. All original preparation materials, sketches, visuals and unused ideas shown and considered will remain the property of Rachel Notarbartolo (Ivy White).
I am free to use these unused and previous ideas for future conceptual and client work. Where a previously unused idea/design retains a similar look and style to the finished logo, I shall repurpose and style so that the end design is sufficiently different as to not cause conflict.
Unless otherwise agreed and arranged, I reserve the right to showcase the finished logo and associated designs in my portfolio and in any number of online galleries/portfolio/showcases/awards as well as in printed literature including books and magazines, now and in the future. Associated designs and artwork can include commercial print design/business card/stationery design/signage/desktop icons/mobile phone and other portable device application icons and imagery.
ANY supporting artwork and designs required by this project can be used as indicated by myself for personal and professional reasons.
You are free to change, modify and adapt the finished logo design as you see fit, but you do so at your own risk.
PAYMENT
Deposits, final payments and delivery
I reserve the right to request a 50% deposit prior to starting work on your project. If a deposit is requested, an invoice will be generated and delivered to you via email and payment is expected within 30 days of issue. By remitting deposit funds you are accepting these Terms of Service and entering a contract with Rachel Notarbartolo (Ivy White)
I will invoice for the remaining cost of the project and associated services prior to the release of any logo files or final exports. I reserve the right to withhold delivery until payment has been received in full.
I reserve the right to invoice prior to the time detailed if you have been uncontactable/unresponsive for more than 30 days.
All payments are to be made within 30 days of issue.
I reserve the right to charge you for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.
OWNERSHIP & COPYRIGHT
All preparation materials, sketches, visuals, including the electronic files used to create the project remain the property of Rachel Notarbartolo (Ivy White). The final artwork/digital files will become your property ONLY upon final payment of the project.
If final payment is NOT received as agreed, all designs and concepts will remain the property of Rachel Notarbartolo (Ivy White) until payment is received.
If there are issues with final payment, I reserve the right to reuse or amend any of these ideas for other clients, or to be used freely as concepts in my portfolio.
Should the client attempt to use/modify/alter/replicate or steal any of my ideas without making agreed final payment, I will take immediate legal counsel.
Rachel Notarbartolo (Ivy White) reserves the right to show any artwork, ideas, sketches created for this project in a portfolio as examples of client work. This is typically, but not limited to the completion of the project. If you have any specific ‘secrecy/stealth mode’ or NDA requirements, please mention this before agreeing to the proposal.
Final payment ensures that ONLY the agreed logo design becomes your property. Any previous ideas/concepts remain my, unless any prior agreement has been made.
TRADEMARK & COPYRIGHT
Due to the lengthy and often costly procedures required to initiate any form of Trademark, Copyright and legal name search, I am unable provide any practical help with this.
If you require the logo to be registered as a trademark, then you must seek your own legal advice.
BRAND NAMING
You take full responsibility for ensuring that your company/product/name is legally free/available before work is started. Should any legal issue arise with the naming after the project has been completed, no refunds are possible, neither am I legally responsible for any problems thus arising.
Please ensure the name you are using is free and legally safe to use before committing to a logo project. Project name changes during a project are exceptionally costly, challenging to implement, and cause significant delays.
If a change of name is required mid-way during a project, and significant logo exploration work has already been presented, then I will have no choice but to recalculate the total cost of the project, to allow for the reworking involved. Please ensure that the name you are using has been subject to appropriate checks, is not in use by someone else, and/or infringes on any other registered trademark, business name etc.
CANCELLATION
Cancellation during the project
If you choose to cancel the project midway through, where ideas and proposals have been submitted, refund of previous payment is not possible. However, depending on the work completed and overall budget, a portion of the funds may be returned.
If I fall ill or am unable to complete the project due to unforeseen circumstances, a portion of the overall budget will be returned. In most cases the complete amount will be refunded. If any works, so far completed, can be used for another designer to pick up, then a percentage will be refunded based on work completed or any other reasonable suggestion will be considered.
Project Suspension
I reserve the right to suspend any project if there is interference with excessive micromanaging, demonstrating a continued lack of trust and inability to move forward after showing more than a reasonable number of unique logo ideas/concepts, and/or showing a reluctance in paying the final payment.
Fair notice will be given with fair chance to remedy the situation without resorting to project suspension or termination. Any suspension, or termination, will not result in any refunds and all designs and work thus developed remain the full ownership of Rachel Notarbartolo (Ivy White).
LIMITATION OF LIABILITY
Loss or damage
You agree and accept that Rachel Notarbartolo (Ivy White) is not legally responsible for any loss or damage suffered or incurred related to use of any of my services, whether from amendments, errors or omissions in documents, designs, information or any goods or services offered by myself. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials I produce, amends or designs is entirely at your own risk, for which I shall not be liable.
You acknowledge that such information and materials may contain inaccuracies or errors and expressly exclude liability of Rachel Notarbartolo (Ivy White) for any such inaccuracies or errors to the fullest extent permitted by law.
I affirm that all designs presented to you will be original and to the best of my knowledge will not infringe/plagiarise any other work. I will perform limited checks to ensure that my work has not unintentionally infringed on another’s design, including reverse image checks across search engines. However, I assume no legal responsibility for any loss or damage suffered or incurred related to legal issues regarding the originality or authenticity of my work. You agree to perform your own checks and due diligence regarding plagiarism and originality. Should you have any concerns, please discuss this item with me prior to commencing work.