Brand Store Terms & Conditions
Acceptance of prices quoted on the Oakwood Brand Store and payment of the required amount will be taken as acceptance of the following terms and conditions. Please ensure you have read and fully understand what is written below. Please contact us if anything is not clear to you.
A. Oakwood Business Group Limited (“Company”) herein referred to as ‘Oakwood’ owns and operates the Brand Store through which pre-packaged branding solutions are offered and sold to clients based on a client brief and within defined standards and timelines.
B. ‘The Client’ means the party, or any person acting on their behalf with whom the Oakwood contracts.
A. Brand Store = Oakwood’s Brand Store at the address www.oakwoodbrandstore.com
B. Price (s) = All prices published on the Oakwood Brand Store
C. VAT = Value Added Tax
D. Purchase Order = The Client Brief completed through the digital forms published on the brand store.
Terms & Conditions
1) All prices are inclusive of VAT.
2) The prices published on the Brand Store are based upon what we anticipate as the strategy, creative, time and production requirements to be based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this well in advance. Charges are unlikely to deviate from those quoted unless requirements change significantly.
3) No creative or development work will commence until Oakwood has received a Purchase order accompanied by a payment of the quoted price. This ensures that Oakwood is fully equipped to provide the very highest levels of service and expertise, from project inception through to completion. This also applies if a project (e.g. a school website) is delivered in ‘stages’, whereby a deposit will be required before proceeding to each new stage. Unless otherwise agreed in writing, the balance of payment will be due in full on project completion (e.g. on delivery of printed items, publishing of website, etc.) failure to which may result in delays in project delivery.
4) Unless otherwise agreed in writing, work will usually commence within twenty-four (24) hours of Purchase order receipt and payment. Any anticipated completion date provided by the agency is subject to options chosen and client co-operation in provision of information, resource (logos, images etc.) and approval. The agency will do its very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, amends requested, or additional requirements may potentially result in delays. Timelines provided are estimated but Oakwood will not be held liable if the project over-runs due to delays caused by the client passing information or approval, or any third-party issues or force majeure (act of God).
5) Prices provided allow for presentation of a minimum of three creative concepts per brief for the client to choose from (unless otherwise stated in the service description). In the unlikely event that the client is not satisfied with the first round of presented work, Oakwood will develop a further round of additional creative development and presentation. If after this third round there is still no agreement on direction, the Oakwood reserves the right to potentially bring to an end any agreement with the client with no refund of deposit or payments made previously.
6) Prices provided allow for a maximum of three sets of client amends after which time additional charges may become payable, although the client would be made aware of this in advance.
7) At the end of each stage of the process (including – but not limited to – before sending an item to print or publishing a website etc.) the client will need to ‘sign-off’ their approval either in person or by email. No further development can be undertaken until Oakwood is in receipt of written approval confirmation. Any amends to work after signed approved may incur additional charges for further time spent, although the client would be made aware of this in advance.
8) Costs provided allow for occasional meetings at key stages for a reasonable length of time between Oakwood and client. Some meetings may incur additional charges for time spent, although the client would be made aware of this in advance.
9) Unless otherwise specified, prices quoted exclude the following where relevant: printing; commissioned illustration, photography or stock images; image retouching; image scanning; copywriting; postage, in-house colour print-outs; web hosting (it will often be a prerequisite to host on one of our competitively priced servers, particularly if a website incorporates an e-commerce or content management system); couriers; other third-party costs incurred (such as merchant bank and payment gateway charges) etc.
10) It is assumed that unless otherwise stated, most copy and images will be provided by the client, although Oakwood will contribute to this (through headlines, and top-line messages etc.) as a natural part of the creative process. Oakwood is able to provide a full copywriting service or copy advice, as well as illustration and photography at an additional cost if required. Purchased royalty-free stock images from our standard sources (if required) will generally be priced at between £25 and £45 + VAT per image (dependent on source, image size and quality) to cover sourcing time and image costs. Specific image requirements not satisfied by our standard sources will be charged at cost + 15% + VAT, with prior client notification.
11) Oakwood recommends that clients use our preferred suppliers for print and is able to provide competitive quotations to ensure high quality and service is maintained until delivery of the final product. We always seek a number of quotations from our trusted print suppliers and provide a complete management service: from print sourcing to print-liaison to proof checking. Although clients are not contract-bound to use Oakwood to provide this service, it is highly recommended for quality control and peace of mind. If a client prefers to use their own print supplier, the agency will simply provide artwork directly to the client to manage and forward, and will be unable to monitor, advise or take any responsibility for the process or final output.
12) In addition to print suppliers, Oakwood works closely with sign manufacturers and installers, photographers, illustrators, film makers, interior designers and other relevant partners to provide an extensive high-quality service offering beyond immediate in-house capabilities.
13) Clients should be aware that due to a variety of factors there will often be variance in colours shown between in-house proofs, colours on screen, printer’s proofs, and final printed items. These factors are determined by the source of the print or visual (each output source e.g. the agency printer, the client’s printer, the image setter, the monitor etc. will differ from the other), the types of inks or makeup of colours (even Pantone colours can vary significantly and often surprisingly depending on what stock or substrate they are printed on), the type of print process (short-run digital, longer-run litho printing), the substrate (paper, card, plastic etc) used, individual preferences (ambient light, personal computer settings etc) and several other reasons. As a result of this Oakwood is unable to guarantee 100% consistency and accuracy of colour on all items and may not always be able to achieve the exact result expected by the client. In the case of printed items, the only true guide as to what is likely to be produced, is to request a ‘wet-proof’ on the actual intended substrate with the actual inks to be used, although this will incur additional cost. However as long as the client accepts there may be inconsistencies across work produced, this step may not be necessary. Oakwood does not accept any responsibility for colour variations as a result of these indeterminate factors.
14) Oakwood provides Branding Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Oakwood Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third-Party Services) mentioned on or made available via the Oakwood Services – so please be sure to verify those before using or otherwise engaging them.
15) Until payment is received in full, all designs, artwork and rights to design and artwork (whether in digital or printed format) remain the intellectual property of Oakwood. Full copyright and ownership of all ‘commissioned’ work will reside with Oakwood until full payment has been received, at which point Oakwood will surrender to the client, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options, files, images or documents developed throughout the process). This agreement is subject to appropriate credit and acknowledgment appearing and Oakwood’s right to use the work for self-promotion in its portfolio, in presentations, in advertising, in print and online.
16) Oakwood will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to Oakwood. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark with the relevant ‘Intellectual Property Office’ if required.
17) If requested, Oakwood will (at its discretion, unless already stipulated in the service description) provide the client with end artwork in its final form (e.g. print-ready PDF; DVD master; outlined EPS file etc.). However, the agency does not by default (and possibly without further charge) provide clients with original artwork or HTML code (for example an InDesign file, layered Photoshop file or HTML source file) or any working or development files, rejected concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with Oakwood for non-exclusive future use.
18) Oakwood will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the client. We will act reasonably to protect such information and treat it as strictly confidential.
19) The client agrees to indemnify, keep indemnified and hold Oakwood harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. Oakwood is not liable for any loss that may occur before, during or after the development of projects undertaken. Oakwood will not be held responsible for any delays, errors or losses arising from any third party.
20) A client cannot cancel the job once it’s been started however they can raise a dispute by alerting Oakwood in writing to any defects or problems in relation to work and services provided at any time before the job is closed, including in the 7 days after the job completion. Where the delivery is in stages, such alert must be submitted to Oakwood in writing within 30 days of the final invoice date. Oakwood will not be liable for any claims made after this period. If Oakwood cannot complete the job, we will return all materials to you and your payment will be returned to you. This services agreement will end when the job is closed.
21) For all web related projects, unless specifically stated, the client will retain 100% ownership of the web page design only (ownership is not applicable to proprietary software and programs or source code, such as databases, e-commerce and/or content management systems, web application source code or flash files/animations).
22) Oakwood offers a web hosting service to host the websites we have built for our clients with our selected third-party hosts. This is recommended in order to ensure ongoing quality of service and is a mandatory requirement for websites incorporating a content management system (CMS) or e-commerce system. Although the standard of our selected third-party hosting packages is high, the Oakwood is unable to guarantee 100% up-time (as no web host would) nor accept any responsibility for any error, omission or misrepresentation in relation to the websites hosted or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) suffered by any user of the websites hosted. Oakwood makes no warranties or representations of any kind that hosting will be uninterrupted, error-free or that the website or the server that hosts the website are free from viruses or other forms of harmful computer code. In no event shall Oakwood, its employees, agents or affiliates be liable for any direct, indirect or consequential damages resulting from the hosting of websites on our servers.
23) Appropriate credit and acknowledgment for work produced by Oakwood should be attributed to Oakwood Business Group Limited where possible (for instance written in small text on the back of a printed item or at the bottom of a website) and may be referenced for Oakwood’s promotional purposes unless otherwise (in exceptional circumstances) prearranged with the client.
24) If a Client wants a refund on a job that has been started but is not yet closed, the client needs to raise a written complaint/alert to Oakwood so that we can assess the claim and address the issue. Clients are required to use the seven-day (7 day) period after job completion to make sure that they receive all the final deliverables, that is, all content promised under the service description/ agreement. It is the Client’s responsibility to make sure that they have received deliverables/materials before the job is closed as a dispute cannot be raised after that time. Once a job is closed, payment will not be refunded except as required under non-excludable law.
25) To request a refund on a closed-job a client can make a claim to email@example.com
We will assess claims on their merits, with regard to the digital nature of the materials and services as well as communications between buyer and Oakwood before closure. There is no obligation to provide a refund for reasons which include if the client:
- has changed their mind about the services;
- bought the services by mistake;
- does not have sufficient expertise to use the materials (unless the services did not meet the requirements of the brief); or
- asks for goodwill.
26) All approved refunds shall be credited to the Client’s account within seven days (7) from the date of approval. The client will be notified of both the approval and the crediting.
27) These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. Oakwood reserves the right to change or modify these terms at any stage with immediate effect. By agreeing to these terms, your statutory rights are not affected.
28) This Agreement shall be governed by the laws of the Republic of Kenya. The exclusive forum for any actions related to this Agreement shall be in the Kenyan Courts. The Client consents to such venue and jurisdiction. Official notices to Oakwood should be sent to:
Oakwood Business Group Limited
P.O. Box 1206 -00100
© 2019 Oakwood Business Group Limited