Terms and Conditions
These Terms and Conditions (‘Terms’) govern the provision of services by Rhubarb Design House (‘We,’ ‘Us,’ or ‘Our’) to the Client (‘You’ or ‘Your’). By commissioning Us for any project, You agree to these Terms. These Terms are governed by the laws of England and Wales.
Scope of Services
We provide design and other services as outlined in a written proposal, quotation, or email agreement.
Any verbal agreements are invalid unless confirmed in writing.
Any additional work outside the agreed scope will be subject to further charges, which We will confirm in writing before commencing. If a price has not been fixed ahead of work commencing, Our standard hourly rate of £75 + VAT will apply.
Quotations & Fees
All quotations are valid for 30 days unless otherwise stated.
Quotations are based on the information provided by You, including but not limited to detail on quantities, dimensions, structure, scope and functionality. Any quotation may therefore be subject to change should Your requirements change at any time.
A non-refundable down payment may be required before any new project commences. This will be deducted from the final invoice.
Payment schedules will be outlined in Our quotation. Final payment is due within 30 days of invoice date.
Quotations for projects that include third-party provisions including, but not limited to, printed material, are based on current costs, and unless otherwise agreed, are subject to amendment at any time after acceptance to meet any rise or fall in such costs.
Any queries or disputes You may have with an invoice must be raised with Us within 5 business days.
Late payments may incur interest at 8% per annum above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
We do not accept international or overseas payments unless otherwise agreed in writing.
Project Timelines
We will use reasonable endeavours to meet agreed deadlines. However, delivery timelines given by Us are estimates only and are not guaranteed.
Delays caused by Your failure to provide information, feedback, or approvals in the time set out at project initiation may result in timeline extensions.
Any changes requested after project commencement may affect delivery timelines.
We shall not be liable for any delays in meeting deadlines due to circumstances beyond our control, including but not limited to revisions, unforeseen technical issues, or resource availability.
If delivery ahead of the agreed timeline is required, We are not liable for defects caused by shortened production time. Additional costs, such as overtime or delivery charges, may be incured.
Methods
Should You supply text, artwork or images, We are not obliged to edit, check or guarantee the correctness thereof in any way whatsoever, and the end product shall be made entirely at Your risk.
Any content provided by You, that requires alterations or digitisation by Us, may incur an additional charge. This includes, but is not limited to, redrawing low-resolution logos, scanning and typing up content, and touching-up images.
Printed proofing is available at Your request, and will incur an additional charge.
We reserve the right to sub-contract the fulfillment of an order or any part thereof.
Revisions & Approvals
Quotations include 3 rounds of amendments, unless otherwise stated, each defined as a set of changes submitted in a single, consolidated request. Additional revisions will incur extra charges at Our hourly rate.
Where multiple design concepts are given, amendments are usually given to a chosen concept. Otherwise, each concept will be allocated its own round of amends.
You must supply amendments in the form of a clearly labelled email or text document, or on a marked up PDF. Each communicated set of changes will constitute as a round of amendments.
It is Your responsibility to ensure that the content provided at project initiation is as near completion as possible. Substantial changes or additions to the original design brief or supplied content (such as significant rewrites or reworks) do not qualify as standard amendments, and at Our discretion, may incur additional charges to cover the extra design time.
It is Your responsibility to ensure all content and designs are reviewed and approved. We are not liable for errors found after final approval.
After approval of designs, any further amendments requested by You will be charged at Our hourly rate.
Pre-production proofs will require Your final approval.
Your approval of designs and pre-production proofs must be given clearly in writing via email.
Intellectual Property
Upon full payment, You will receive ownership of the final deliverable outlined in the quotation.
Final ownership applies only to deliverables explicitly stated in the quotation, and excludes any intellectual property belonging to Us or respective third parties.
Any use of third-party products including, but not limited to, stock imagery and typefaces that require a paid-for license, will be discussed with You before being incorporated into final designs. If You approve the use of any such product, an additional charge will be applicable.
All preliminary concepts, drafts, source files and unused designs remain Our property unless agreed otherwise in writing. Upon Your request, and for an additional charge, We can supply source files (also referred to as original, or editable files).
We retain the right to showcase the work in Our portfolio, marketing materials, or online platforms.
Dispute Resolution
Any disputes arising under this Agreement will first be addressed through informal negotiation between the parties. If the dispute remains unresolved after 10 business days, it may be submitted to mediation or arbitration, as mutually agreed by the parties.
If mediation or arbitration is unsuccessful or not agreed upon, either party may pursue litigation. All disputes, including those resolved through litigation, shall be subject to the exclusive jurisdiction of the English courts.
Duration & Applicability
This Agreement takes effect on the date it is signed by You and will apply to all work commissioned by You from that date forward, unless terminated by either party.
Either party may terminate this Agreement at any time by providing written notice. Termination will not affect ongoing, completed or terminated projects, which shall remain governed by these unless otherwise agreed in writing.
By commissioning Us for any project, You agree that these Terms will apply to all future work unless explicitly revised or superseded by a new agreement. Any amendments to these Terms must be agreed upon in writing and will apply to projects commissioned after the date of the amendment.
Each project will be governed by its specific proposal or quotation, which shall be subject to these Terms.
Confidentiality
Both parties agree to keep confidential any information disclosed during the project that is marked as confidential or reasonably understood to be confidential. However, disclosure is permitted if legally required.
Unavoidable Incidents
We are not liable for delays or failure to perform due to events beyond Our control, including but not limited to natural disasters, pandemics, war, government actions, labour disputes, or technical failures.
In such cases: We will notify You promptly and extend deadlines as necessary; Both parties will take reasonable steps to minimise the impact.
If the event exceeds 2 months, either party may terminate the agreement, with You liable for work completed up to that point.
This clause does not waive Your obligation to pay for work already completed.
Warranties & Liability
We warrant that Our work will be original and will not knowingly infringe on third-party rights.
We warrant that Our services will be provided using reasonable care and skill. Where We supply any goods supplied by a third party, We do not give any warranty as to their quality, but shall, where possible, assign the benefit of any warranty given by the supplier of the goods to Us.
Except as expressly stated, We disclaim all warranties, and Our liability for any claim arising from this agreement will not exceed the total amount paid by You for the specific project.
We shall be indemnified by You in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material supplied by You. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
We are not liable for: Loss or damage caused by third-party software or platforms; Indirect or consequential losses.
Your property, while in Our possession or in transit, will be deemed to be at Your risk unless otherwise agreed and You should insure accordingly.
You warrant that the name, address and contact information provided when placing an order will be correct, and agree to notify Us of any changes.
You warrant that you possess the legal right and ability to enter into this Agreement and to use Our services in accordance with this Agreement.
We shall not be required to use any material which in Our opinion may be of an illegal or libellous nature or an infringement of rights of a third party.
You are responsible for ensuring provided materials don’t infringe on third-party rights.
Termination
If You cancel the project, You will be liable for fees incurred up to the point of cancellation.
We reserve the right to terminate the agreement if: You breach these Terms; Payment is not made on time; Collaboration becomes unworkable due to lack of communication or unreasonable demands.
If We do not receive any communication or necessary input from You for a period of 2 months, We reserve the right to terminate the project and issue a final invoice for all work completed up to that point, and no less than 50% of the project total. Any further work requested after closure will require a new agreement.
Upon termination, all rights to Our work will remain with Us.
General
Any changes to these Terms must be agreed in writing.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
These Terms, along with any written proposal, quotation or agreement, constitute the entire agreement between Us and You.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of Your use of Our services.
We reserve the right to amend these Terms at any time.