These are the basic terms and conditions of Red Onion Design Limited, for when you commission us to work for you. We generally avoid signing contracts if possible, however, so you’re fully aware, we’ve listed below 8 of the most important considerations which form part of our agreement. There is of course some flexibility, depending on the client.
We reserve the right to display creative work on Red Onion Design and social media in order to promote our services. This is work that becomes public by handing out to employees, general or specialist readers, the public, or any other associated companies and parties, and is not expressly marked as private and confidential, or shows any confidential information. If need be we can hide confidential information and still display the work. We avoid signing contracts that limit this. If you ask us to, we will keep private any development work, or work that is shown only to a small band of employees, for example.
License to use work
All design work created for you comes with a perpetual exclusive license from Red Onion for use by your company/organisation. Any additional agreements we make to revoke this, come into force once the work has been paid for.
Aside from what we’ve agreed to provide to you, all the original design files created by Red Onion remain with us. However, for an agreed fee we are happy to release the original InDesign, photoshop files etc. along with ownership of the intellectual property (However we still reserve the right to display and take credit for the work as outlined above). Once assets are provided it’s up to you to ensure you have the relevant copyright for images, fonts etc. as there are different rules dependent on usage.
Charges for late payment
For new clients, we expect a non-refundable 50% of payment before the commencement of the job. For all work, we expect the full payment within 7 days of completion of the work, based on an agreed completion date, and a clear understanding of the remit of the work required. For large companies with complex invoicing systems, we can negotiate on how many days before full payment is expected.
Please be aware that according to the Late Payment of Commercial Debts (Interest) Act 1998, ‘freelancers’ are entitled to claim a £40 late fee upon non-payment of debts after this time, at which point a new invoice will be submitted with the addition of this fee. If payment of the revised invoice is not received within a further 7 days, additional interest will be charged to the overdue account at a statutory rate of 8% plus the Bank of England base of 0.5% totalling 8.5%. Parties cannot contract out of the Act’s provisions.
Delayed and cancelled work
Our fees are valid for 6 months and if the project is delayed by the client for any reason, we expect payment within 6 months of starting any work, subject to the conditions above. We also expect full payment within 6 months for all verbally/written agreed work even if it doesn’t go ahead.
Clients will cover any transaction or exchange rate fees so that Red Onion receives in full in GBP the fee quoted.
We work to the best of our ability and with every care. Payment will be expected in full if work is not used for whatever reason (for example, cancelled, rejected or if it is taken in-house).
Early Payments and Unforeseen Circumstances
If for whatever reason you make early payments, the scheduled work has a cut-off date for completion of six months (unless a date is specified in our quote), for any single project. Please note that the fee is non-returnable in all circumstances.
Updated Wednesday 25 May 2021