Rudolph Diesel Interiors Ltd referred to as RDI below.
Registered Address: Coach House, Ealing Green, Ealing, London, W5 5ER
VAT nr: 326 0452 30
Phone number: 020 7183 6404
E-mail: hello@rudolph-diesel.co.uk
1. Late payment fees
When invoices are raised and they are not paid at the time stipulated on the invoice, you will incur a late payment fee of 8% per annum, pro rata for the period the outstanding balance remains unpaid.
2. Hosting
When RDI is engaged to build a website it is made with the assumption that RDI will buy the domain name/s unless the client specifies it otherwise before the Engagement Letter is signed. Hosting is offered with all quotes free of charge for the first year through RDI. If this is not applicable to the client it needs to be stipulated before the Engagement Letter is signed as it is a item that needs to be mentioned in the Engagement Letter. RDI cannot be held responsible for any website hosting downtime. We will do our utmost to get the site/s live again.
GENERAL TERMS AND CONDITIONS
1. Acceptance and Proposal Sing-Off
Your use of this website or of any of our content, indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our services, or website.
2. Project Framework
When you engage RDI to carry out work a comprehensive framework set out in a Letter of Engagement which encapsulates all the work that will be completed along with the various methods employed will be issued. Work on the project will commence once both parties have agreed the contents of this letter by signing and dating reciprocal copies.
3. Draft/s
3.1
When you engage RDI to carry out work a comprehensive framework set out in a Letter of Engagement which encapsulates all the work that will be completed along with the various methods employed will be issued. Work on the project will commence once both parties have agreed the contents of this letter by signing and dating reciprocal copies.
3.2
The first draft is a comprehensive piece of work which is my interpretation of the previous brief, proposal, framework and any corresponding discussions. Due to the creative and strategic nature of the work RDI undertakes assessing this work can often be subjective. RDI can assure you that the work created is what we consider to be the most professional and appropriate for your needs. At this first draft stage there is however plenty of opportunity for you to provide your feedback on all of the work. This feedback period will be outlined in the proposal and you should assign time in your diary to carry this work out. In the event that this feedback is not forthcoming during the time allocated further resources and costs may need to be allocated to the project. On receipt of this feedback we will advise and discuss any comments you might have.
3.3
In the event that any amendments are required this document can be completely re-written if necessary. We will produce a second draft which will take into account all your comments. This second draft is then sent to you for sign-off. On confirmation that this payment has been made the final draft is then produced. In the event that this document is not signed-off and the work completed is not to your absolute satisfaction, and we agree that the work produced is off-brief and clearly outside the proposal and the framework, the project can either be halted at this stage or further resources allocated.
3.4
In the event that the project is halted by mutual consent copy remains the property of RDI. This is entirely without prejudice. No liability or admission of failure or inability to complete the project on my part is implied. You agree to make no use whatsoever of any material RDI have prepared for you.
3.5
In the event that the project is allocated new resources then this will be agreed and time booked for completion of the project. In the event that the project is cancelled without good reason then the full amount of the project will be payable.
3.6
The final draft goes through a number of stages that ensures all final comments and amends are taken into account. All of the work will be revised, reviewed, proofread and concluded to a high standard. This document will then be presented. Once payment is received ownership of anything we created is yours with the proviso that RDI can use the material for portfolio purposes. You are however entirely responsible for final proofreading and ensuring what is written is a true and accurate description of your company, services and or products. You are advised to hire professional legal counsel to ensure this is the case. Any errors found post work being signed off will be your liability and responsibility.
4. Contract
4.1
If you are hiring RDI on behalf of a company, group, business or organisation you hereby agree that you are fully authorised to hire RDI. Where an engagement letter is issued we request the engagement letter should be signed. If you however pay the deposit invoice we will take it that you are in agreement with our terms and conditions set out online and in the engagement letter.
4.2
If RDI is hired to work on a project that is for a client of yours, in the event that you are representing an agency, you hereby agree that this contract is established between RDI and your agency. Not between RDI and your client. For any work that RDI undertake RDI do the utmost to create work that is of the highest professional standards.
4.3
RDI work in an ethical manner and always attempt to provide the best advice for clients. RDI is however not an expert in your business and you agree to take full responsibility for any advice provided and or copywriting produced. It is your legal and professional responsibility to ensure that any copywriting is not misleading regarding your organisations offerings and is in line with your industry’s best practice.
4.4
You agree by hiring RDI to indemnify RDI against any claim for compensation or damages brought about as a direct result of the work that RDI do for you, your organisation or company, group, business or any organisation or company that you might represent in the form of any agency relationship. Whilst RDI endeavour to ensure that RDI work complies with the law, it is your responsibility to submit all copies for legal advice and review.
4.5
You also agree to absolve RDI of all responsibility for any loss of income or for any costs or damages suffered by you or by any third party as a result of any delay or reallocation of resource to a new date. Invoices will be sent electronically or by post and are payable within 5 business days on receipt at the corresponding phase of the project. Written confirmation that payment has been made to RDI bank account will be required to commence to the next stage.
4.6
Should you wish to cancel the project due to a reason outside of RDI control once you have confirmed the proposal, signed the engagement letter and before the start date of the project then a total of 50% of the project value will be due. In the event that the framework has been commenced 80% of the project value will be due and in the event that the first draft has commenced or completed the total value of the project will be due.
4.7
When you provide RDI with written materials you agree that you are authorised to do so and outline where any materials hold copyright. You agree to indemnify RDI against any legal action that arises either directly or indirectly as a result of this content. RDI endeavour to produce work of the highest standards and will do their utmost to ensure all work that is created is supplied to you free of any spelling or factual errors.
4.8
You agree that you are fully responsible however for final proofreading and you agree to indemnify RDI against any costs or legal actions that are as a direct or indirect result of any such errors.
5. Website usage Terms and Conditions
You may not copy, reproduce, republish, download, transmit, make available to the public, or otherwise use this site content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter, or create a derivative work from any site content except for your own personal, non- commercial use. Any use of RDI content requires our prior written permission.
6. Limitation of Liability
In no event will RDI be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with their web site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delays in operation or transmission, computer virus or line or system failure, even if RDI, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
7. Disclaimers and Limitation of Liability
Under no circumstances will RDI be liable for any of the following losses or damages (whether such losses were foreseen, known or otherwise): (a) loss of data; (b) loss of opportunity; (c) loss of goodwill or injury to reputation; (d) losses suffered by third parties; or (e) any indirect, consequential, special or exemplary damages arising from the use of this site regardless of the form of action.
8. RDI reserves the right to
RDI reserves the right to cancel any project if RDI feel the project is either too large, staff of RDI have been treated poorly or if there is any kind of misconduct within the clients company, business or organisation.
9. Contract Price / Deposit
If so agreed in the engagement letter A non-refundable deposit of between 25 and 50% to the total value of the project will be required before any work on a project commences. Any Incidental costs/extra charges will be communicated to the client before added to an invoice.
10. Terms of Payment
10.1
RDI will send out an invoice by post or electronically for every stage at which the proposal or project is.
10.2
RDI will issue an Invoice to the value of 25% of the overall project fee which will be a non-refundable deposit unless stated otherwise in the Engagement Letter. A further invoice of 50% of the overall project fee will issued half way through the project and a final invoice of 25% of the overall project fee will be issued on the last day of the project.
10.3
RDI will issue separate invoices during the course of the project if Incidental costs occur.
10.4
Payment schemes will not be allowed by RDI. All invoices are payable within 5 business days of the date of the Invoice. If payments are not made on the due date set out above, interest may be charged at the rate of 10% above Base Rate prevailing at the time. RDI will not accept Cheque payments from January 2018.
11. Refunds
Refunds or partial refunds are decided by RDI depending on the work done and the time spent on the project. The deposit amount will not be refunded any further payments made might be refunded depending on each individual situation.
12. Title and Risks
Risk passes to the Client immediately upon delivery of the Proposal/Projects. However, the Proposal remains the property of RDI until payment has been made and received in full under the contract agreement.
13. Cancellation
13.1
If the contract is terminated/cancelled by the client after it has been signed and before work has commenced 50% of the total fee will be payable within 5 business days from the date of the Invoice.
13.2
If the contract is terminated/cancelled by the client after it has been signed and the framework has been done 80% of the total fee will be payable within 5 business days from the date of the Invoice.
13.3
If the contract is terminated/cancelled by the client after it has been signed and the work on the project has already started or the project is half way through it’s course then 100% of the fee will be payable within 5 business days from the date of the Invoice.
13.4
If the five working days’ notice period to terminate any engagement is not given or RDI is not able to get hold of the client a penalty will be incurred for loss of earnings. The penalty will be calculated based on five working days multiplied by RDI standard day rate and will be payable within 5 business days from the date of the Invoice.
14. General
14.1
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these pages and the remaining terms will survive, remain or force and continue to be binding and enforceable.
14.2
In the event that some of the Terms and Conditions conflict with some of the terms on the engagement letter then the terms on the engagement letter will override and supersede RDI’s general Terms and Conditions unless those terms are not specified in the Engagement Letter. In the event that an Engagement Letter does not cover a certain clause/s the websites general Terms and Conditions will apply.
14.3
If a client does not sign, date and return the Engagement letter as requested by RDI then RDI will treat payment of invoices issued to the client as confirmation that the client agrees with the terms on the Engagement letter and Terms and Conditions.
15. Other industry professionals
15.1
RDI have their own industry contacts and if these contacts in Public Relations, Graphic Design or Web design are to be used they need to be used through RDI and RDI will pay these professionals directly.
15.2
The above mentioned professionals will be responsible for paying their own taxes and insurance. Any clients who are or have used RDI are not permitted to use any of RDI professional contacts for their own tasks without RDI written approval or 6 months after a project and/or proposal has been completed unless stated otherwise by RDI.
16. Call-outs to business sites
16.1
RDI will only offer this free service once to any business within the West London call outs to any other part of London or the UK will be charged based on RDI daily rate if no contract is in place.
16.2
If a contract is in place and RDI are working on a project with a client the costs of travelling will be treated as part of the project cost, travel time will be included in the project cost unless agreed otherwise in the Engagement Letter. For the avoidance of doubt, travel time for projects are invoiced for based on the hourly rate that is agreed or per mileage rate.
17. Proposals / Marketing Plans
RDI owns the copy right on any graphics, websites, CGI, proposals or plans written and reserves the right to publish these case studies on RDI owned domain/s.
18. DATA PROTECTION ACT 1998
To enable RDI to discharge the services agreed with other parties, and for other related purposes including updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance, we may obtain, use, process and disclose personal data about you. You have a right of access, under data protection legislation, to the personal data that we hold about you.
19. RDI Privacy Policy
We have an open, honest approach to business, treating all our clients in a respectful and friendly manner. This combined with the results we achieve is the main reason our clients return time and again to use our services. Any details which are provided to us from which we can identify you are held and processed in accordance with our privacy policy. RDI reserves the right to store the following data;
- Name (personal name and company, business name)
- Contact data (1st and 2nd contact)
- Bank details
- Date of Birth
- Refuse registration/cancel existing registration because of payment delays
- Fraudulent or unauthorised data input (e.g. copyrighted images/ texts, classified documents, etc)
- Fraudulent or unauthorised data deletion of actual facts
- Fraudulent or unauthorised data input or untrue facts.
20. Referral Terms
The 10% referral fee is based on one project and is calculated on the overall value of the deal. Incidental expenses do no form part of the overall value of the deal. The term value is based on the income generated but exclude other expenses. The individual/company you are introducing cannot be an existing client of RDI (we will immediately let you know if they are). The 10% referral fee is paid once the project is concluded and the individual/company have paid the final invoice. Unless stated otherwise RDI does receive a minimum of 10% referral fees from service providers from time to time when referring business to service providers.
21. Intellectual Property / Copyright / Legal Ownership /
RDI owns the Copyright for all graphic design and website projects, photography, videography, CGI any RDI bought stock images and any other material that has been created by RDI or its service providers. Royalty fees apply if anyone wishes to use any RDI owned material. In order for intellectual property / copyright to be released or granted it has to be requested in writing. Please e-mail hello@rudolph-diesel.co.uk for more information.In the event that RDI has been instructed to complete a project and that project has been cancelled for any reason, the legal ownership and intellectual property is that of RDI unless specified otherwise in an engagement letter. RDI reserves the right to use any material that has been created for its own marketing efforts unless a client stipulates otherwise in the engagement letter. If a client is found to have copied any part of a project (design, site map for websites, fonts, images, layout etc) at any point without settling on the agreed project fee, the client will be in breach and RDI reserves the right to take legal action.
22. General Promotions
Any promotions by RDI can be withdrawn/cancelled or amended without prior notice.
23. Home Staging / Show Homes
RDI accepts now responsibility for any damage to a property during and after a show home has been installed. If art, TV’s or anything else fixed on walls or leaning on walls falls and breaks we will not take the responsibility. Show homes are curated to look and feel a certain way from an aesthetic point of view, if during a viewing or at any other time someone drops something or children climb on something and it results in injury or a death it will not be RDI’s responsibility nor can we be held liable. Once the handover has been done or we deem the project is complete we are no longer responsible for the projects. The same applies to theft after a show home has been staged. The client needs to make provisions to have the necessary insurance in place.
