The following ‘Terms and Conditions’ apply to all services, products and collateral provided by We are Kudos Limited (subsequently referred to as We are Kudos) and are governed by the laws of England.
All work is carried out by We are Kudos is done so on the understanding that the client has fully agreed to our terms and conditions.
Copyright is retained by We are Kudos on all design work including words, pictures, ideas, photographs, footage, video, visuals and illustrations, unless specifically released in writing and after all costs have been settled.
If a choice of designs is presented and one is chosen for a specific project, only the chosen solution is deemed to be given by us as fulfilling the contract. All other designs remain the intellectual property of We are Kudos – unless specifically agreed in writing.
Estimates, quotations and project acceptance
At the time of submitting a proposal, We are Kudos will endeavour to provide the customer with an estimate or quotation by email. The latest version of We are Kudos Limited’s terms and conditions can be read at any time on the We are Kudos website.
Where a copy of a written estimate or quotation needs to be agreed by the customer it should be done so in writing to indicate acceptance and should either be returned to We are Kudos or acknowledged in an email. Otherwise, We are Kudos will provide the work based on the quotation that has been supplied.
Alternatively, the client may supply by post or email an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions.
For the avoidance of doubt, the We are Kudos terms and conditions are what govern the job or project, not any conditions on the customer’s purchase order.
Design charges
Charges for design services to be provided by We are Kudos will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the ‘Terms & Conditions’, a non-refundable payment of 40% of the quoted fee will become immediately due.
All costs supplied are estimated. Any increases or decreases in cost will be advised in writing before the commencement of any work. Once agreed, a purchase order will then be required. Prices include up to three sets of author’s amends unless otherwise specified.
All estimates or quotations are valid for one month from the date specified.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of forty (40) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining sixty (60) percent of the project quotation total will be due upon completion of the work prior to uploading to the server or release of materials.
Websites: forty (40) percent will be required prior to commencing work and full balance is due on completion but prior to launch. Occasionally we may request interim payments on projects if required prior to completion.
Source files
We will supply proofs and PDF files as appropriate for printing, or other graphics files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png or other source files or raw code; if the Client requires these files for transfer to an in-house or another designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for other services
Charges for any additional services requested during the project that are over and above the originally estimated time will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Approval process
To enable customers to provide approval for projects we supply proofs as ‘pdf files’ via email or a link to provide feedback and amendments directly onto ‘ReviewStudio’ or a similar software package.
Payment
Any printed collateral we manage on behalf of our clients requires payment in full within 14 days of invoice.
Any website balance payments are due before website launch.
Payment for web hosting becomes due at the time we launch a new website or at the point at which we start to manage a website produced by a third party. Website hosting is done on an annual basis.
Any invoice queries must be submitted in writing within 14 days of the invoice date.
Accounts that remain outstanding for 30 days after the date of invoice, may incur a late payment interest charge at the Bank of England Base Rate plus 10% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card.
Publication and/or release of work fulfilled by WE ARE KUDOS on behalf of the client, may not take place before cleared payment or payments have been received.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice or following a returned cheque. We are Kudos shall be entitled to remove We are Kudos’s and/or the customer’s material from any and all computer systems until the amount due has been fully paid.
This includes all unpaid monies due for services including, but not limited to, hosting, domain registration, design, artwork, web development, copywriting, printers, photographers and stock or video libraries or sub-contractors.
Removal of such materials does not relieve the customer of its obligation to pay the due amount.
Customers whose accounts become default agree to pay all We are Kudos’s reasonable legal and accounting expenses and third-party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and trademarks
By supplying text, images, photographs and other data to We are Kudos for inclusion in the customer’s website or other medium, the customer declares that it/they hold the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by We are Kudos on behalf of the customer, will remain the property of We are Kudos and/or its suppliers unless otherwise agreed in writing. A licence for the use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from We are Kudos, the necessary permission to use materials (for which We are Kudos holds the copyright) in forms other than for which it was originally supplied, and We are Kudos may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third-party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not We are Kudos.
By supplying images, text, or any other data to We are Kudos, the customer grants We are Kudos permission to use this material freely in the pursuit of the design.
Should We are Kudos, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow We are Kudos to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold We are Kudos free from harm in all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Alterations
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that We are Kudos holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, drawing, photograph, illustration, idea or code created for the customer by We are Kudos, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of We are Kudos and any of its relevant sub-contractors.
All design work – where there is a risk that another party makes a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
We are Kudos will not be held responsible for any or all damages resulting from such claims.
We are Kudos is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold We are Kudos responsible for any such loss or damage.
Any claim against We are Kudos shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to We are Kudos definition of acceptable means of supplying data to the company.
Text is to be supplied to We are Kudos in electronic format as standard text (.txt), MS Word (.docx), Google documents or via e-mail / FTP or shared folder.
Images that are supplied in an electronic format are to be provided in a format as prescribed by We are Kudos via e-mail / FTP, ‘we transfer’ or similar electronic transferring method. Images must be of a quality suitable for use without any subsequent image retouching or alteration, and We are Kudos will not be held responsible for any image quality which the client later deems to be unacceptable.
We are Kudos cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches or selection, media conversion, digital image processing, or data entry services, colour correction and alteration or retouching of images.
Design project duration
Any indication given by We are Kudos of a design project’s duration is to be considered by the customer to be an estimation. We are Kudos cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by We are Kudos for the initial payment or by date confirmed in writing by We are Kudos.
Rights of access for website construction
The client agrees to allow We are Kudos all necessary access to computer systems and other locations, as required, to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The customer also agrees to allow We are Kudos access to any computer systems or software, usernames and/or passwords required to remove/access data and/or sites.
The customer agrees to supply We are Kudos with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design project completion
We are Kudos considers the design project complete upon receipt of the customer’s signed approval form or email signoff. Other services such as printing, display graphics/signage production, film work, website uploading, publishing and advertising either contracted or otherwise on the client’s behalf actually constitute a separate project and can be treated as a separate charge.
Website design only
We are Kudos require that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence. Any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, We are Kudos will provide the customer with the opportunity to review the resulting work. We are Kudos will make one set of minor changes at no extra cost within 14 days of the start of the review period.
Minor changes include small textual changes and small adjustments to the placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to We are Kudos by e-mail.
We are Kudos will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period. SEO is not included on any website but can be priced separately if required.
Hosting websites
We are Kudos offers a range of hosting services through an outsourced virtual server. We are Kudos does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
We are Kudos may request that clients change the type of hosting account used if that account is deemed by We are Kudos to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on We are Kudos virtual server are due at the commencement of any period of service and are non-refundable.
The renewal of domain names remains the sole responsibility of the customer/domain owner, not We are Kudos.
Domain registration
We are Kudos recommends that all clients register and own their own domain and are responsible for the renewal themselves. We are Kudos cannot guarantee the availability of any domain name. Where We are Kudos is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search engine submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, We are Kudos cannot guarantee any placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
We are Kudos recommend that customers use a professional SEO company if they require such specific services.
We are Kudos ‘Small Business Packages’ for start-ups
Websites created within our ‘bronze’, ‘silver’ or ‘gold’ packages are made affordable as we create them using either our own library of pre-made templates or we create a beautifully simple layout.
Wherever possible all websites will be created in WordPress and future-proofed, allowing any additions and updates to be made very easily in the future and eliminating the need for a complete website re-design. Any additional pages outside our package allowances will be quoted separately.
All launch pages will be based on standard template pages and don’t include e-commerce, galleries, booking systems or any other functionality outside a standard brochure-style page.
Please check with us for any other options if we have not mentioned them here as this list is examples only and doesn’t cover every possible eventuality. SEO not included and will be priced separately if required.
All designs within these packages include one set of author’s amends. Any further amends to websites within the start-up packages may incur an additional cost. We advise clients to thoroughly review the draft website and send all amendments to us in one document to save any additional costs.
Any stock images if required will be quoted separately.
Designs created within the ‘silver’ package will use the client’s existing company branding whereas ‘gold’ packages include new logo design so this will be reflected across the entire package chosen.
Any additional print run-ons and upgraded stocks or finishes outside our packages will be quoted accordingly.
Any additional design time will be charged at our hourly rate. All packages are calculated based on the time we have allocated to design your items. Should the design time exceed this due to any client producing more than one set of amends, this will be charged accordingly.
A client will always be advised prior to potentially incurring additional time charges. Clients are advised to send any amendments at once to avoid any additional costs.
Domains
If you don’t have a domain in existence, we would be happy to help you source one which is suitable. We advise all clients to purchase their own domains so that they belong to you rather than We are Kudos purchasing on their behalf. We can help you with advice on how to purchase these. Domains that we purchase on your behalf and subsequently handle the renewal process will be subject to a handling charge.
Design credits
The customer agrees to allow We are Kudos to place a small credit on printed material exhibition displays, advertisements and/or a link to We are Kudos own website on the customer’s website. This will usually be in the form of a small logo or line of text placed toward the bottom of the page.
The customer also agrees to allow We are Kudos to place websites and other designs, along with a link to the client’s site on We are Kudos’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of refusal
We are Kudos will not include in its designs, any text, images or other data that it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. We are Kudos also reserves the right to refuse to include submitted material without giving a reason.
In the situation where any images and/or data that We are Kudos does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow We are Kudos to remove the contravention without hindrance, or penalty. We are Kudos is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, We are Kudos will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering.
The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by We are Kudos within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
We are Kudos makes no warranties of any kind, express or implied, for all products and/or services that it supplies. We are Kudos will not be held responsible for all damages resulting from products and/or services it supplies. We are Kudos cannot be held responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause.
While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold We are Kudos responsible for any such loss or damage. Any claim against We are Kudos shall be limited to the relevant fee(s) paid by the customer.
We are Kudos 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. We are Kudos will not knowingly perform any actions to contravene these, and the client also agrees to be so bound.
We are Kudos and our clients agree to comply with printer’s terms and conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. We are Kudos recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
General
These ‘Terms and Conditions’ supersede any previous Terms and Conditions distributed in any form. We are Kudos reserves the right to change any rates and any of the ‘Terms and Conditions’ at any time and without prior notice.
Acceptance of ‘Terms and Conditions’ and ‘Quotations’
The placement of an order for design and/or any other services offered by We are Kudos, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.wearekudos.com.
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the ‘Terms and Conditions’ and forms a ‘contract for business’ between the signatory and We are Kudos.
Terms and conditions last updated: 23 February 2021