Our terms and conditions
Fair trade bananas
We’re a fair and reasonable company but like any business we have terms and conditions to make it clear what our, and our client’s responsibilities are.
Quotations and charging
- A quotation is for information only and is binding only if it is in an order which Bananadesign Ltd (hereafter referred to as ‘Bananadesign’) has accepted or a contract to which Bananadesign has agreed.
- Bananadesign agree to carry out the work detailed in the Client brief, restatement of brief, quotation, specification or contract (hereafter referred to as the contract).
- Unless specified otherwise, design projects include one visual. This will be re-worked as appropriate or if the first design fails to meet the requirements of the contract, Bananadesign will at their expense provide other design solutions as required.
- Unless specified otherwise, design projects include two sets of author amends (three sets of proofs in total). Additional author amends above three sets will incur additional cost, charged at Bananadesign’s standard hourly rate. PDF proofs are included unless other methods have been agreed.
- Any further or additional work not included in the contract or if the Client changes the scope of work, Bananadesign will amend its quotation to include such work.
- The costs quoted detail Bananadesign work only. Any other required suppliers will be charged for separately and in addition to Bananadesign’s fees. Other additional expenses not included in the quotation will also be charged for separately and in addition.
- Any work that is started, either experimentally or otherwise, at the Client’s request will be invoiced for.
- Any work undertaken outside normal office hours (9am to 6pm, Monday to Friday) at the Client’s request or due to missed deadlines on the Client’s part will be charged as extra.
- Bananadesign’s standard hourly rate is £40 exc VAT per hour, or part thereof.
- Any accrued credit (for example for incomplete work or invoicing prior to project completion) must be used with 6 months of the original invoice date. After 6 months credit is at the discretion of Banananadesign.
Approval and delivery
- It is the responsibility of the Client to thoroughly check and ensure all information, such as copy, images, legal requirements, trade-marks, patents and copyrights are correct. Written authorisation will be required to ensure final designs and web-based solutions are correct and satisfactory. Bananadesign will not be held responsible for any errors, either content or otherwise, found after the approval stage.
- Bananadesign will test the web-based solution to ensure it meets the standards and criteria stated in the contract. It is the responsibility of the Client to ensure the web-based solution works to their satisfaction.
- Bananadesign will make every effort to keep to agreed delivery dates. Such dates are not to be treated as terms of the contract and Bananadesign will not be responsible for any loss or damage which may result from late or non-delivery. If the agreed schedule is not kept to through no fault of Bananadesign, any agreed delivery dates cannot be guaranteed.
- For web-based solutions launch is considered the final approval stage.
Support
- Support is provided for hosting and email for the period of retention.
- Support is offered for web-based projects for 30 days post-launch, or if a support contract has been agreed for the period of retention
- Support is offered (subject to the Support clauses 1 and 2 above) during normal office hours (9am to 6pm, Monday to Friday). Support requests outside of this time will be dealt with as soon as possible.
Copyright
- The Client will retain copyright for any final design solutions that Bananadesign creates. Any unused designs or ideas will remain the intellectual property and copyright of Bananadesign. All artwork and any associated files remain the property of Bananadesign at all times.
- Programming code will remain the intellectual property and copyright of Bananadesign.
- Bananadesign shall be entitled to use any final design solutions for publicity purposes and to display a discrete credit on any printed or web solution, unless explicitly requested in writing by the Client not to do so.
Fees
- The client agrees to pay Bananadesign the agreed fee for carrying out the work detailed in the contract.
- Bananadesign may require a payment of 25 per cent of the total fee before commencing any work. This payment may be waived at Bananadesign’s discretion and for repeat Clients. If due, no work will be undertaken without this payment.
- Balance of payment is strictly 28 days from the date of issue of the invoice. Any invoice not paid in full after 28 days will have interest added at 8 per cent above the current Bank of England base rate until complete and final payment has been made and cleared. This is in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Full and final payment will be treated as the mutually satisfactory conclusion of the contract.
- If there are any queries about Bananadesign’s invoice, Bananadesign must be informed in writing within three days of its issue. Payment may be made by cheque drawn on a UK bank and made payable to Bananadesign or via BACs transfer (details of which can be given on request).
- Bananadesign shall be entitled to charge the amount of any Value Added Tax payable whether or not included in the quotation or invoice. Every endeavour will be made to interpret HM Government regulations regarding liability for Value Added Tax on items produced by Bananadesign. If any claim is made by Customs and Excise for Tax against designed work, for which Bananadesign had not originally charged or estimated, then responsibility for that payment will rest with the Client.
- Full and final payment is treated as the mutually satisfactory conclusion of the project.
General
- Bananadesign may update these terms and conditions from time to time.
- Bananadesign will not be held responsible for any actions of third-party suppliers not organised by Bananadesign.
- Bananadesign will not undertake any work which in their opinion is of an illegal, immoral or unethical nature.
- Client property when supplied to Bananadesign will be held at the Client’s risk.
- The interpretation and the performance of these conditions will be governed by the Law of England.


