FALL INTO LONDON TERMS & CONDITIONS

 

The following terms and conditions form this contract and no variation or modification shall be effective unless accepted by Fall into London in written form.

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DEFINITIONS

1. ”Fall into London" means Fall into London

2. ”Fall into London" means Eleni Sofroniou

3. “Eleni Sofroniou” means Fall into London

4. “Me”, “Us”, “Our”, “We” means Fall into London

5. "You" means the Person, Entity, Company named as the Client. 

6. If You are acting on behalf of a Person, Entity, Company or Employer, the Contract or License will apply to the Person, Entity, Company or Employer and You as the Representative.

7. All these terms are and mean the same: Illustrations, Images, Artworks and Graphics, Projects, Material, Digital Illustration, Electronic Illustration.

8. The term “Reproduction” and “Usage” and “Used” and “Reproduced” means any form of copying, printing and usage of a part or whole of any Illustration in various formats such as digital, marketing, printing, projection, electronic or in any other form.

9. “Invoice’ means “Invoice” and means “Copyright Notice” and means “Agreement” and means the document that is created digitally that is emailed or posted to the Person, Entity, Company that is entering into an Agreement with Fall into London which includes details on the Project, License usage along with pricing for the License Usage.

10. The “License” means the “Contract” and means “License Usage” and means “Usage Rights” and means the agreed usage of the Illustration and the agreed and purchased License of the non-exclusive (unless otherwise agreed and stated on the invoice) and also non-sublicensable reproduction use of the purchased Illustration License.

 

1. PAYMENT

• Orders/commissions under £200 require full payment upfront. All orders over £200 require a 50% non-refundable deposit which is payable at the start of the project.

• Works are released upon full payment.

• Any payments received by Fall Into London that for any reason need to be refunded will be made within 30 days of Fall into London receiving the payment and transferred back to the client in a method that is convenient for Fall into London. The following methods of refunded payments are:                                    

       - Paypal                                                                                                                                              

       - Bank transfer (full name of client required in order to set up as a Payee)                                          

       - Cheque (full name and address of client required. The cheque will be sent using Royal Mail Next Day Tracked Delivery at the expense        of the client). 

      The client has 30 days from the date that the payment was originally made to Fall into London to provide the information required in

      order to process/send the refund. Failure to do so will result in the refund being voided.

 

2. DEFAULT & LATE PAYMENTS

• The Client assumes all responsibility for cost outlays by Fall into London in all collections of unpaid fees and of legal fees created by default in payment. Invoices in default shall include but are not limited to fees for collection and legal costs.

• Payment terms are 30 days from the date of the invoice issued by Fall into London. Late payments made by clients of Fall into London or by companies who have hired Fall into London for services including live events will incur a fee of £150 for late payments for every 30 days. For example, if the late payment is 60 days late, then the late payment fee will be £300. 

 

3. CHANGES

• All additions, edits, retouches, alterations and any other changes in content, layout, style or process requested by the Client that are not included in the brief will alter the time and cost. Any changes made by Fall into London will be charged at an hourly rate of £90.

• Changes made by Fall into London to a website design once the website has been signed off and launched will be charged at an hourly rate of £90. This includes recovering any information or data lost due to errors made by the Client.

 

4. TIME & DEADLINES

• Fall into London will always keep the Client updated on timing.  However, all project timings are for estimation purposes only, unless the Client sets a required deadline.

• The Client must notify Fall into London of any set deadlines in writing before the project begins as any delay in the completion of the design due to unforeseen illness, or events out of Fall into London’s control will mean the project may be delayed. The Client will be notified if this is the case.

• If after 5 working days of any work being sent to the Client there is no response, Fall into London is not responsible for any delays in the completion of the design.

 

5. CLIENT RELATIONSHIP

• Fall into London is acting as an Independent Contractor. Fall into London is not undertaking any artwork as an employee of the Client, nor entering into a joint venture of partnership with the Client. Fall into London reserves the right to seek advice or assistance when required.

 

6. EXPENSES

• All expenses, including but not limited to, stock imagery, fonts, digital items, printing and materials to be used within any design work created by Fall into London on behalf of the Client will be added to the final invoice, which the Client is responsible to pay. Where any expenses are due to arise, Fall into London will provide the Client with a quote and will require written confirmation of acceptance before any additional expenses are made.

 

7. DIGITAL STOCK, COPY & PHOTOGRAPHY

• Costs of any digital stock, fonts, copywriting and/or photography is not included. The Client is responsible for supplying all content & imagery prior to the project commencing. 

• Should the Client request Fall into London to source digital stock, fonts and/or photography on their behalf, a sourcing fee of £60 per hour will be charged along with the full cost of the item(s).

 

8. CANCELLATION

• The Client has the right to cancel their project at any stage of the design process, however, the client will be required to pay half the invoice amount (including any license fee attached to the project). Any payments made prior to cancellation are non-refundable. The Client will also be required to pay for any additional work that has been carried out prior to cancellation which has not been paid for. Ownership of all copyrights and the original artwork shall be retained by Fall into London. Any usage of the artwork created by Fall into London prior to the project being canceled will result in appropriate legal action.

• A full refund of any payment(s) made will be given in the event of Fall into London not being able to complete the design due to unforeseen circumstances. Fall into London reserves the right to cancel projects/agreements without prior notice.

• Event cancellations are accepted if one months notice is given to Fall into London by the Client and any payments/deposits will be returned to the Client. However, cancellations made less than one month to the event date will result in any payments/deposits made by the Client as non-refundable.

 

9. COPYRIGHT AND LICENSING

• All designs, illustrations and other works by Eleni Sofroniou of Fall into London are the property of Fall into London, including commissioned works.

• Social media and marketing usage are given as standard for all illustration projects/commissions unless otherwise stated.

• Fall into London owns all copyright and reproduction rights of all designs, illustrations, and any other works created by Fall into London including commissioned works.

• Fall into London reserves the right to use and re-use any works created (including commissioned works) in any manner unless the Client has chosen to purchase the property rights, copyright, and reproduction rights to the work(s).

• Should the Client wish to purchase the copyright or reproduction right to any works, they must make this request in writing to Fall into London. The relevant rights will be transferred on receipt of payment.

• The Client is fully responsible for ensuring they have obtained full copyright or permission to use any content in the works not provided by Fall into London. This includes but is not limited to all photography, copy and content, design elements and branding of other companies. Fall into London cannot be held responsible for any legal action taken against the Client for unlawful use of any content within their design.

• Ownership and Copyright of Illustrations remain with Fall into London and shall not pass to You by the purchase of any License.

• You, the Client must retain the Invoice/Copyright Notice and any information that is embedded in the digital/electronic version of the Illustration.

• Once a license has been purchased, the protected Copyright image must include the following credit line on all agreed Reproductions of the Illustration: Eleni of Fall into London

• For all Licensed Illustrations, Fall into London will issue an invoice stating the fee, Usage Rights and duration of those Usage Rights for non-exclusive use (unless otherwise agreed and stated on the Invoice) and also non-sublicensable reproduction use of the purchased Illustration License and non-assignable use of the purchased Illustration License.

• All Licensed Illustrations cannot be used or incorporated in any way for logo, service marks, trademarks etc.

• All Licensed Illustrations must be used solely as agreed by Fall into London. Therefore, the Illustrations cannot be used in any defamatory, fraudulent, obscene, pornographic, or any other manner which is illegal.

• Licensed Illustrations can only be used as agreed with Fall into London and as stated on the Invoice along with the agreed medium, print run, period time, size of Reproduction, and territory.

• Reproduction of an Illustration before payment of an Invoice of before purchasing a License constitutes an infringement of Copyright and also constitutes a breach of these Terms and Conditions which will/does entitle Fall into London to take legal action against You and entitles Fall into London to claim damages.

• Reproduction rights are strictly single-use only, (unless otherwise agreed and stated on the Invoice). The single-use means that the illustration can only be Reproduced for one Project and at one size and in one language. Anything else will require a new purchase of a license.

• The end of the License period as stated in the Invoice means that You must cease Reproducing the Illustration by removing or deleting the Illustration from your computer or any storage system. Further Use of the Illustration will require You to purchase another License from Fall into London.

• Reproduction of any Illustrations without written consent from Fall into London and without purchasing a License is theft and constitutes to Copyright Infringement which We take very seriously. Any Person, Entity, Company, Employer or Representative who commits Copyright Infringement shall face the Court of Law and shall pay the penalty/fee as decided by the Court of Law.

• Illustrations cannot be altered, retouched or edited in any way whether by hand or digitally. 

• The purchase of a License means that You purchase the illustration as it is (unless otherwise agreed and stated on the Invoice) and as supplied by Fall into London, therefore if any changes are made, then this constitutes to the breach of these Terms and Conditions which may result in legal action against You.

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10. PROOFING

• The Client is responsible for proofreading and checking works by Fall into London. The Client should thoroughly proofread all information they intend to include in their artwork prior to sending to Fall into London to incorporate in their design.

• A further proofread should be done once the Client has received the work(s). Fall Into London cannot be held accountable for any mistakes noticed after completion. Any amendments will be charged at the hourly rate of £60 per hour.

 

 

12. WEBSITE HOSTING

• Should the Client arrange for Fall into London to arrange their website hosting, the Client’s Wix website hosting will be set up by Fall into London on behalf of the Client using a domain name provider. The hosting will be registered using the client’s details and all access information to the Client’s account will be provided by Fall into London to the Client.

• Should the Client already be registered with a domain name provider and still requires hosting to be set up, Fall into London will require the client’s username and password to access the Client’s account and set up hosting on their behalf. Fall into London does not store any passwords or sensitive information.

• The hosting will be set up for 12 months. After the initial 12 months, the domain name provider will issue the Client with a hosting reminder via email. The Client is fully responsible for ensuring the hosting is either renewed, discontinued or transferred. Fall into London is not responsible for any site or data loss due to the client not renewing, discontinuing or transferring the hosting. The Client accepts that an inability to renew or transfer their hosting before the renewal date will result in the site being inaccessible and shut down.

• The Client is under no obligation to continue hosting through the chosen domain name provider and can transfer hosting to another provider at any time. Should the Client wish to transfer hosts, the Client is responsible for ensuring the website is moved across using the correct procedure. Any information, data and/or website loss during the migration is not the responsibility of Fall into London.

• Fall into London does not provide support for moving hosts or domains.

• Fall into London is not responsible for any hosting issues, site load time, errors or issues caused by Wix, plugins, the Client’s chosen host or the domain name provider used.

 

13. DOMAIN NAME OWNERSHIP

• The Client is the registered legal owner of the domain(s) purchased via Fall into London on behalf of the Client. All domain details and access will be provided to the Client once active.

 

14. DOMAIN FORWARDING

• The Client is responsible for arranging any domain forwarding or domain remapping.

 

15. WEBSITE SECURITY 

• The Client is responsible for backing up their website and content as well as protecting their privacy and security. 

 

16. WEBSITE DOWN TIME & TECHNICAL SUPPORT

• Fall into London is not responsible for any website downtime caused by the Client, Wix, plugins or by the domain name provider. Where possible, Fall into London will provide support. Any time spent recovering the website by Fall into London will be charged at an hourly rate of £90.

• Fall into London is not responsible for any technical errors that may arise after the website has been completed.

 

17. CONFIDENTIALITY 

• Fall into London shall not disclose any information concerning the Client, design or project to any third party without prior written permission.

 

18. COMPLAINTS 

• Any complaints raised by the Client will need to be provided in writing, within the first 14 days of becoming aware of the matter and within 14 days of receipt of the works.