Terms & Conditions

Boring yet important stuff

Please take time to read the Terms and Conditions carefully. In the Terms and Conditions, ‘the Client’ refers to the party, or any person acting on their behalf with whom Ricky Wong contracts. Acceptance of estimates and payments made to Ricky Wong by the Client, confirms that they agree to these Terms and Conditions.

1

Practice

  • 1.1 Principles:
    • Ricky Wong is committed to providing the best possible service in the interest of the Client's business and its objectives once project terms have been agreed.
    • Ricky Wong will endeavour to answer brief(s) provided, and will explore directions based on industry knowledge, thorough research and logical development.
    • Ricky Wong expects to develop good working relationships, where respect, manners and enthusiasm are shared between all parties involved and across respective professions.
    • Ricky Wong requires reasonable time to complete work requested by the Client to the highest possible standard.
    • Ricky Wong will consider discounted rates and pro bono work for charities and nonprofit organisations. As a general rule, Ricky Wong will not participate in unpaid work, spec work or pitches.
  • 1.2 Hours of operation:
    • Working Hours are 9.30 – 17.30, Monday to Friday, except holidays, bank holidays or otherwise stated.
    • Notice will be given if Ricky Wong is expected to be unavailable for long periods during the agreed schedule of a project.
    • Please understand that telephone calls and meetings outside of Working Hours may not be possible, unless arranged otherwise, and will be dealt with at the next available opportunity.
  • 1.3 Correspondence:
    • In order to manage projects and amends more effectively, please keep project correspondence in written form via [email protected].
    • Specific financial enquires can be made via [email protected].
    • For any problems, concerns or complaints about Ricky Wong or any of the services provided please email [email protected].

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2

Estimates

  • 2.1 Discussion and negotiation of costs should happen before the estimate has been agreed, unless the course of the project requires new estimates or costs to be added at a later stage.
  • 2.2 Accepting an estimate is confirmation of project commitment. Cancellation after this stage may result in reimbursement costs for time booked in by Ricky Wong or any included third-parties (see 8. Cancellation).
  • 2.3 Estimates are valid for 28 days. If the estimate has not been agreed within this time, the project will need to be re-quoted and the prices will be subject to change.

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3

Payment

  • 3.1 Payments terms are dependent on one of two payments plans as chosen by the Client:
    • 3.1.1 Payment Option 1: Pay As You Go Hours
    • Projects will be invoiced after project completion based on total hours undertaken.
    • Payments made within 14 days after the final invoice date will benefit from a 5% discount on the total balance.
    • Payments made after 14 days and within 30 days of the final invoice date will be charged at the original agreed fee, unless stated otherwise.
    • Payments made after 30 days of the final invoice date will be subject to late fees of 5% of the remaining balance. This sum will be added to the total after the 30-day period has passed, and will subsequently be added for every 14-day period that goes unpaid thereafter.
    • 3.1.2 Payment Option 2: Pre-Paid Hours
    • Pre-paid hours will be invoiced and paid in advance, before project work begins.
    • Work will begin once payment is received. Please consider this when arranging project schedules.
    • Projects undertaken within pre-paid hours will have individual invoices which will be deducted from the pre-paid block hours.
    • Pre-paid hours are to be used within 12 months of initial purchase; any unused hours after this period will not be refunded.
  • 3.2 Payments can be made online directly from the online invoice by following the links and using the form provided. The Client should contact [email protected] if in need of assistance or if this form of payment is not suitable.
  • 3.3 If extra work is required during the project which is not outlined in the original estimate, Ricky Wong will inform the Client and costs will be added accordingly once agreed. They will be included in the final bill along with any Extra Costs under the value of £100 (see 4. Extra Costs).

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4

Extra Costs

  • 4.1 Items not outlined in original estimates may incur extra costs. This will depend on specific project requirements which can evolve over the lifespan of a project.
  • 4.2 All costs will be recorded and be made clear to the Client before proceeding.
  • 4.3 Extra costs will be added to the final bill, unless exceeding £100 in which they may require part or whole payment in advance.
  • 4.4 Extra costs may include (but are not limited to):
    • Sourcing and purchasing imagery from stock libraries
    • Sourcing and purchasing fonts and typefaces
    • Sourcing and purchasing print materials and processes
    • Outsourcing photographers, illustrators, typographers, web developers or any third-parties that may be necessary to fulfil the project requirements
    • Website hosting
    • Domain names
    • Other digital services required to fulfil project requirements
    • Physical and digital mockups or prototypes
    • Delivery of printed items and samples
    • Travel costs
    • Accommodation costs

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5

Timings

  • 5.1 Ricky Wong makes every effort to achieve agreed delivery dates. Ricky Wong cannot accept liability or be held financially responsible for any targets or deadlines missed for delivery of any work resulting from extenuating circumstances.
  • 5.2 Extenuating circumstances may include (but are not limited to):
    • Other parties unable to fulfil their agreed delivery times
    • Content or project feedback supplied after agreed times
    • Sickness or personal injury
    • Act of God or any extraordinary incidents beyond the control of Ricky Wong including fire, flood and drought
    • Legislation
    • War or an act of terrorism
    • Failure of power supply
    • Theft, damage or loss of equipment, documents or any other items that are required to complete the work
    • Strike action taken by persons, parties and services required to complete the work
  • 5.3 If dates and times need to be altered by any of the parties involved in a project, it is important that all parties are informed in reasonable time and agree with the new schedule given.
  • 5.4 Alternative solutions may be considered to meet deadlines if necessary, though this may incur further costs.

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6

Ownership

  • 6.1 All work, physical and intellectual, is property of Ricky Wong until final payment has been received. Once final payment has been confirmed, ownership will be handed over unless stated otherwise.
  • 6.2 Unused and discarded concept work not included in final designs will remain property of Ricky Wong, fees cover ownership of final chosen designs only.
  • 6.3 If final payment is not made, or the project is cancelled before completion, Ricky Wong retains ownership and reserves the right to reuse or amend any ideas at will (see 8. Cancellation).
  • 6.4 Ricky Wong always intends to make original work. Ricky Wong cannot guarantee the exclusivity of any concept, strategy, design or other intellectual or physical property provided. He will not accept liability for any alleged claim of unintentional similarities between work undertaken and third-party property.
  • 6.5 It remains the Client's responsibility to seek copyright protection, if desired, for any intellectual property provided by Ricky Wong after ownership is transferred to the Client.
  • 6.6 Ricky Wong reserves the right to use creative concepts and final design work for the purposes of marketing activities (both online and offline) unless otherwise agreed with the Client.
  • 6.7 It is not permitted for any person to copy, use or reproduce any work or content created by Ricky Wong, including content used in this website or in any form of correspondence with Ricky Wong, without the consent of Ricky Wong.

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7

General

  • 7.1 Ricky Wong will take appropriate care to ensure the safety and security of physical and intellectual property belonging to the Client. Ricky Wong also puts emphasis on care and consideration for the mental and physical wellbeing of any persons involved in work undertaken.
  • 7.2 Ricky Wong will not accept liability for any of the following:
    • Damage, theft or loss of any information or physical items belonging to the Client or any persons involved in, or resulting from, work undertaken by Ricky Wong.
    • Health and safety issues or injury claims made by persons involved in, or resulting from, any work undertaken by Ricky Wong.
    • Any damages to physical work or delays in delivery times involving work undertaken by Ricky Wong. Please allow sufficient time for delivery and quality control.
    • Downtime of any web hosting providers or if any online security is breached involving work undertaken by Ricky Wong.
  • 7.3 Once final proofs and materials have been signed off, Ricky Wong cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.
  • 7.4 Any changes required after final sign-off may incur extra costs. In some cases, such as printed material, the possibility of making changes will depend on production and if any third-parties involved will allow this.
  • 7.5 Any website errors, bugs or security breaches which occur after final sign-off may result in extra costs in order to be fixed.
  • 7.6 This agreement indemnifies Ricky Wong in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material published (both online and offline) for the Client. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
  • 7.7 Ricky Wong reserves the right to change the Terms and Conditions at any time without prior notice.

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8

Cancellation

  • 8.1 Ricky Wong will endeavour to create the best possible work for any given project. Due to the varying nature of creative work and timescales, output can vary. By agreeing to work with Ricky Wong, the Client confirms an understanding of the skills and work ethic Ricky Wong provides. If the Client is not satisfied with work produced under this agreement, Ricky Wong will attempt to reach a favoured solution for all parties, otherwise the Client is entitled to leave the agreement.
  • 8.2 If the Client chooses to leave the agreement, Ricky Wong reserves the right to request payment for the time spent up until the date of cancellation. Ricky Wong provides a service in which costs cover time spent, hence are non-refundable. Records of time spent are kept throughout all projects.
  • 8.3 The Client will also need to pay any outstanding Extra Costs accumulated during the project up until that point (see 4. Extra Costs).
  • 8.4 Any cancellations with third-parties involved or booked during the project on behalf of the Client will depend on their cancellation terms and are not the responsibility of Ricky Wong. The Client agrees to pay any outstanding third-party invoices or cancellation fees.
  • 8.5 Reimbursement may also be considered for booked time that as a result is cancelled.
  • 8.6 If the total cost of hours undertaken before cancellation and reimbursement accumulates to less than the deposit paid, Ricky Wong will refund the difference back into the account of the original payee.
  • 8.7 In the event of cancellation, all discounts will be void and will not be factored into any cancellation fees, outstanding fees or refunds.
  • 8.8 Any outstanding fees will be expected to be paid within 14 days of the cancellation invoice date. Payments made after 28 days of the invoice date will be subject to late fees of 5% on the remaining balance. This sum will be added to the total after the 28-day period has passed, and will subsequently be added for every 14-day period that goes unpaid thereafter.
  • 8.9 Ricky Wong reserves the right to cancel any project at any given time if the project, Client or any parties involved do not meet requirements outlined in these terms. Cancellation fees and terms still apply.
  • 8.10 All work, physical or intellectual, undertaken before cancellation will remain property of Ricky Wong unless stated otherwise (see 6. Ownership), and may be subject to a release fee in order to transfer ownership.

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9

Disputes

  • 9.1 If the Client has any disputes before, during or after a project, the Client will be advised to email [email protected] in order to ensure any issues are resolved effectively and in an appropriate manner.
  • 9.2 Any claims made by the Client against Ricky Wong are limited to the amount of the total payment made to Ricky Wong by the Client.

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10

Applicable Law

  • 10.1 These Terms and Conditions, and use of this website, shall be governed by and construed in accordance with the law of England.
  • 10.2 Any court proceedings shall be subject to the exclusive jurisdiction of the English courts.

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Ricky Wong Ltd.
Registered in England and Wales. Registered number: 9029994. Registered office: Grand Union House, 20 Kentish Town Road, London, NW1 9NX.