Terms and Conditions

All prices for services carried out by Covered by Kerry are subject to sales tax (where applicable) at the prevalent rate.

All estimated prices quoted, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly.

A project agreement will need to be signed and a 50% deposit for the full quoted and agreed amount must be paid before work can commence on any project.

All work is billed on completion of project stage, or the relevant hourly charge as previously agreed.

All estimates are based on expected or agreed design time and include unlimited corrections where alterations are called for by the Client, or if additional changes are required by client.

Where there is a change of brief, Covered by Kerry will inform the Client in advance of any extra costs likely to be incurred.

All projects are planned to an agreed schedule. Non-adherence to this schedule by the Client may result in compromising final delivery deadlines. If this is likely to occur, Covered by Kerry will advise the Client as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs.

Whilst every effort will be made to achieve agreed delivery, Covered by Kerry cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of Covered by Kerry’s control.

For all new client payments the full or part amount + sales tax may be requested in advance of commencement, as agreed between parties. For any subsequent invoiced work, Covered by Kerry must receive full payment no later than 30 days after the completion of the Cover. Covered by Kerry reserves the right to make a surcharge of 2% per month interest to accounts that are not paid by this time. Client credit screening may affect any subsequent credit agreement.

Covered by Kerry reserves the right to invoice for any disbursements for part works carried out, including third-party costs incurred on a project, should the project be unable to be completed for any reason or has been delayed/put on hold by the Client for a period of 4 weeks or more.

In good faith, Covered by Kerry would hold any supplied files, originals and materials for a period of up to 12 months. Resumption of works on the project would be completed according to the original schedule of costs so long as the project specification remained unaltered.

Disbursements on behalf of any client may result in a request for payment in advance from the Client.

All creative work produced and devised during a project(s), creative, digital, software files, and related correspondence remain the property— physically, intellectually, and in copyright—of Covered by Kerry.

Once final proofs/materials have been signed off, Covered by Kerry cannot be held responsible financially or otherwise for any errors relating to print, programming, or any end product.

It is the responsibility of the Client that all materials (including, but not limited to images, diagrams, logos, data, as well as intellectual property in other media) supplied to Covered by Kerry by the client will have the relevant copyrights, licenses, and permissions for use in the commissioned project. Covered by Kerry will not accept responsibility/liability for infringements caused by any wrongly supplied materials.

Covered by Kerry reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Client. Any outsourced job remains the property/responsibility of Covered by Kerry and such services are deemed to be carried out “indirectly” by Covered by Kerry.

As part of larger projects that involve third parties commissioned directly by the Client, Covered by Kerry will not be held responsible in any way for services not carried out/managed directly or indirectly by Covered by Kerry.

Advice of any loss, quality, or damage issues must be reported to Covered by Kerry within five clear working days of delivery and receipt (whether printed or digital) and any claim in respect thereof must be made in writing to Covered by Kerry within 3 working days thereafter. Covered by Kerry shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.

In the event of any bona fide dispute or difference arising between the parties in connection with the Contract (excluding any dispute relating to non-payment of the Charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Client to inform Covered by Kerry immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, deadline), without such information, no disputes will be entered into.

Whilst taking every care to protect all media and correspondence supplied, Covered by Kerry cannot accept liability or be held responsible financially or otherwise for any loss. Disputes will not be entered into.

Covered by Kerry cannot guarantee the Client exclusivity of any marketing concept, strategy, design, or other intellectual property provided. Therefore, Covered by Kerry will not accept liability for any alleged claim from the Client or any third party as the result of unintentional similarity in part or whole of a third party’s copyright protected or registered trademark or brand, identity, strapline, color usage, image style, and content, product or otherwise.

It remains the Client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Client by Covered by Kerry.

In accordance with GDPR, should the Client wish for Covered by Kerry to handle/process any of their customer data or to provide systems to process personal data, it is the Client’s legal responsibility to ensure they have obtained consent from the individuals for the personal data they pass over to us for processing.

If at any point during the design or development cycle a client wishes to cancel, they may do so, but will be invoiced an amount that Covered by Kerry judges to be proportional to the amount of work completed on the commission and further compensatory charges for booked design time or any other costs accruing.

Covered by Kerry reserves the right to use both initial creative concepts and final approved design work for the purposes of Covered by Kerry’s marketing activities (both online and offline) unless otherwise requested/agreed with the Client.

The Client may not publicly share unfinished designs in any online or offline forums without express permission from Covered by Kerry.

Covered by Kerry designs are only licensed to the Client and cannot be re-sold, loaned to a third party, or distributed in any way other than the purposes they were designed for. Imagery used in Covered by Kerry designs may have been purchased specifically for use in the project. Any additional use of images will require the Client buying the image licenses.

Unless the Client of Covered by Kerry purchases an extended license for stock images used, you may not reproduce the content more than 500,000 times in physical print form.

If the Client secures a publishing contract and the Publisher wishes to use the design, please ensure they credit Kerry Ellis on the cover and copyright page and that we are notified in writing. Any artwork created by an illustrator or images purchased for the design will need to be relicensed by the publisher.

Terms and Conditions may be changed at any time without prior notice to clients. Notification will be sent to all clients at the time of the Terms and Conditions alterations.

Covered by Kerry shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing), Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply, Lock out, Strike by employees in contemplation of furtherance of dispute, or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto, shall otherwise accept delivery when available.

Covered by Kerry will have a lien over any product, data, or materials if all payments due from the Client have not been paid and cleared in full within 1 month from the date of the Cover completion. We reserve the right to withhold supply of goods.

The Client is agreeing fully to Covered by Kerry’s trading Terms and Conditions by commissioning our services.