Terms and Conditions

About Omega3design
Founded in March 2007 by Richard Kean, Omega3design offers clients a multifunctional design, advertising and marketing agency. Online and offline, our aim is to provide a high quality service enabling your business to excel. Our past experience and examples of our work speaks volumes about the design capabilities and technological solutions that we can offer. We have a passion for design, whether it be a logo, website, brochure or simply a business card. We strive to pass on this passion through the work we carry out on your behalf.

Working with us
We work on a 50% up front, 50% on completion policy. If you choose to go ahead with this quote, work will commence once a brief has been provided and monies transferred. You will be provided with three routes forward, taken from the brief given. Once you have chosen a design we will refine it to your specifications. However we do offer a design service for a reason and have a wealth of knowledge as to ‘why things work’, so please bear this in mind during the initial process. Once work has been completed and signed off an invoice will be sent. The final 50% payment will be due 14 working days from the invoice date. We look forward to working with you.

Terms of business

1. Contract terms
Omega3design agree to provide our services to the client using the following terms and conditions. These constitute a contract between Omega3design and you and must be read together with any functional specification and other documents explicitly agreed to be part of this contract and listed below. Any other terms and conditions contained in any other document are excluded unless their inclusion is expressly agreed in writing. In these terms and conditions: ‘Omega3design’, ‘we’ and ‘us’ means Omega3design a sole trader organisation based in Cheltenham England. ‘The Client’ or ‘You’ means the client listed

2. Design Briefs
2.1 We will give three design options within the quote provided. One design will be chosen by you and refined in accordance with the given brief. However, two changes to any piece of design are allowable within the contract. Any changes above this will be charged at an hourly rate of £60.
2.2 We will always aim to conceptualise your brief within the three given designs. Please make sure that your briefs are clear. Help with this can be provided.
2.3 Further concept designs after the initial three will be charged at an additional cost of £60 per hour.
2.4 Please remember you are employing Omega3design based on past design work carried out.
2.5 All designs and concepts produced in accordance with this contract remain the property of Omega3design until such time as all outstanding debts, including related interest, are paid in full.

3. Quotation
This quote is valid for 30 days, if the project has not been started within one month of the Quotation being accepted the quotation will be deemed cancelled and the project subject to re-quote at Omega3design’s discretion.

4. Payment Terms
4.1 50% of the quoted fee will be payable on the clients instruction to begin work. Under no circumstances will any work be undertaken prior to these funds being cleared.
4.2 Final Payment is due 14 working days after the invoice date. This may include any additional costs agreed during the design process.
4.3 Omega3design reserves the right to charge interest on overdue accounts at the rate of 5% above LIBOR.
4.4 Continued non payment will result in a final notice being issued. If payment is still outstanding 60 days from the invoice date we will seek compensation through the courts.

5. Cancellation
5.1 If, after the Design Stage has been signed off: The project is cancelled by the client, the client will be charged for work completed on a pro rata basis calculated by Omega3design at our hourly or daily rate as prevalent at the time.
5.2 The client causes delays in the project of longer than one month then Omega3design will be entitled to charge for work carried out to that point.
5.3 Cancellation can be in writing or by email, or taken as ‘declared’ by the client failing to respond to all communications sent to them within one month. Delays are defined as the client failing to perform work required of them, or the client taking more than one month to do work that should have been completed in that period as defined by us.
5.4 If you decide to cancel after the initial 3 designs, the 50% deposit is not refundable.

6. Testimonial
Unless stated otherwise, the client agrees to Omega3design:
• Making public on our website and other marketing material all or part of any work we have performed.
• Adding ‘Site by Omega3design’ to any or all pages on any website we do for you.
• Displaying their site image on the Omega3design portfolio page from time to time.
• The ability to use your logo on our website in the client section.

7. Copyright
Omega3design cannot accept liability if the client requests a design to resemble another and subsequently this causes copyright issues. Omega3design cannot accept liability if the client inserts copyrighted material on their site after completion and this causes copyright issues.

8. Force Majeure
We are not liable for any breach of this Agreement caused by matters beyond our reasonable control, including, but not limited to, Acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), failures or interruptions of electricity supplies, weather of exceptional severity or acts of local or central Government or other authorities.

9. Payments from Abroad
All invoices are submitted, and are payable, in Pounds Sterling. Clients from outside the UK are responsible for any exchange fluctuations and for any bank transfer costs incurred when settling invoices.

10. Governing Law
No waiver or any amendment to these terms shall be effective unless in writing and signed by Omega3design and the client. This Agreement shall be governed by the laws of England and both Omega3design and the client agree to submit to the exclusive jurisdiction of the English Courts.

11. Contract Acceptance
Written or electronic instructions to proceed will be taken as acceptance of these conditions.