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Writing terms and conditions for a design company…

February 16th, 2010 · 2 Comments

Well this is my task, to make the terms and conditions for my company to be more UK friendly. So I have been researching other companies terms and conditions within the field of design and what they demand of their customers.

Some companies have shocking T&C’s, they almost force customers to be happy, or they break contract – No complaints allowed – and most of all don’t you DARE tell anybody!

I don’t want that, I form better relationships with clients.

Strangling customers with T&C’s is not the way we want to go, but you need to have them for peace of mind for both parties. So what, as a design company do I want to make sure our clients agree too?

1. That we hold all intellectual property rights to the design and graphics and they can’t be re-used outside their licence unless specified.
2. That our designs will not be sold onto or made available to third party providers outside their normal use.
3. That our designs are not used for any unlawful purpose.
4. If you think it is cheeky, then it probably is :)

Basically that is it, there will be some legal floundering around the points devised by our lawyer – but in the same way as insurance companies give clients an easy to understand leaflet on what their policy covers (attached to the hideous full policy conditions) we want clear and concise terms and conditions so there is above all no confusion. Clients do not read terms and conditions until there is a problem and have a habit of just agreeing in the first instance.

Take the recent scandals of gym subscriptions! A friend of mine was rendered unable to continue her gym goings medically, so she gave her 3 months notice as per her terms and conditions (or so she thought…), paid up then cancelled her direct debit. 6 months later – she receives a court summons (sequence shortened like in iphone adverts) as the reason for her ending her contract was not deemed ‘good enough’ to put it bluntly. So she went to court (choosing not the settle outside for the amount plus costs requested) and the judge threw it out cursing the company for bringing it to the bar.

However, I have also known people that have caved and paid the money, one who had been diagnosed with cancer.

On-line services are not exempt from this kind of ridiculous cruelty, because the client agreed to ‘terms and conditions’ – just because you don’t sign, doesn’t mean you are not bound!

Have you been a victim of terms and conditions in any way? Whether it has been a service, product or even something you brought in a shop? Fallen foul of a mobile contract or gym subscription condition?

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Category E-Business

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2 responses so far ↓

  • 1 Debbie // Feb 16, 2010 at 3:22 pm

    I am always reminding people to get better contracts with designers or any company.

    Two major things to get in a contract would be do you get your files and can they sell the same design to someone else.

    A big company I won’t name (who I don’t think offers in-house design anymore) had a contract a client showed me. It said that they have the right to sell what they make for you to someone else.

    And many companies don’t give a contact. They have a “terms and conditions” page they can change any time. That’s not cool. And in all of these, you don’t get your files.

    If you are paying for custom work, you need to get your source files… Photoshop, Illustrator, whatever they are. A designer should NOT hold you hostage. Get it in writing!

  • 2 Liz // Feb 16, 2010 at 3:32 pm

    ‘have the right to sell what they make for you to someone else’

    Might as well pay $60 for a template monster design if that’s the case!

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