Terms and Conditions

Terms and conditions

  1. Unless otherwise agreed between all concerned parties prior to the acceptance in writing of a contract to provide services, the following terms and conditions shall be considered to apply.
  2. ‘Design’ (the conceptual and CAD) and ‘Production’ (the physical making, including 3D printing of designs) will be treated as separate commissions and invoiced separately.
  3. Any quotation for a project will remain valid for 30 days.
  4. When commissioning Charles Titherley (the Consultant) for design work, designs are charged at one of two rates, upon agreement met between the client and consultant within signed documentation: @ £45 per hour of design work wherein the client keep the rights for designed work(s) or @ £30 per hour of design work wherein the consultant keeps (or shares upon written agreement with the client) all rights to designed work(s).
  5.  Production pricing of 3D printed items cannot be determined until the design phase is completed.  However,   the consultant will create a rough estimation of item costs, which may alter upon design work completion.
  6. Unless agreed explicitly in writing, all commissioned design work must be paid in full before final production     commences.
  7. Commissioned work under 30 hours of total work will be invoiced upon completion of work. Commissioned work over 30 hours 50% of the agreed design costs will be paid up front. The remaining 50% to be paid upon completion.
  8. Unless agreed explicitly in writing, title to all goods and services supplied remain with The Consultant until payment has been made in full.
  9. In the event of additional work/change request, the Consultant reserves the right to adjust the fees and the date of completion of the project, or if additional complexities come to light.
  10. All payments must be in sterling unless otherwise agreed. For all non sterling payments an administrative charge will apply.
  11. Unless scoped in a project plan, post project modifications will be billed at an agreed hourly fee.
  12. The Consultant retains the right to use images, drawings, animations, and CAD viewer embedded files for display for promotional use of any commissioned work at a reasonable stage of development/release, respecting the Clients need to keep pre-market ready designs confidential and respecting any terms of Non Disclosure Agreements signed by both parties.
  13. The Consultant retains the right to re-use elements of design features, visual design elements, aesthetics and functions, from any commissioned work, to the point of fair and reasonable use deemed by The Consultant. This does not apply to the extent of directly replicating previously commissioned work where the agreement has been reached for the client to retain design rights or disclosing design secrets/IP supplied to the Consultant from the Client for use in commissioned work.
  14. Unless otherwise agreed payment in full is due within 30 days of the invoice date. The Consultant will be entitled to charge interest on all sums outstanding thereafter at Barclays base rate plus 17%.
  15. If a project is cancelled by The Client at any time during the project The Client will be liable to the Consultant for all direct and indirect expenses and costs reasonably incurred up to the point of cancellation.
  16. Either party may terminate the agreement at any time by written notice to the other if the other goes into liquidation, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed over all or part of its business.
  17. Any changes or additions to the project must be agreed in writing.
  18. The Consultant cannot accept responsibility for any delays caused by weather, industrial action or any other circumstances beyond his control.
  19. The Consultant undertakes to keep confidential and not disclose to any other person (except in the proper performance of duties) either during or after the termination of the contract any information whatsoever relating to The Client’s business or any trade secrets in any manner which might be prejudicial to The Client’s interests.
  20. The Consultant undertakes to declare any potential conflict of interest which might reasonably be considered to prejudice his ability to perform the work in an unbiased and professional manner but reserves the right to undertake projects for any other client where in the reasonable opinion of The Consultant no such conflict exists.
  21. The Consultant shall provide services in a professional manner with due care yet makes no warranties of merchantability, fitness for any particular purpose or otherwise. Any warranties or other obligations as to the description, performance, condition or quality of the services or goods supplied or as to their fitness for a particular purpose whether expressed or implied by statute or common law or otherwise are excluded.