Mellor& Scott: Terms and Conditions


The following terms and conditions apply to all relationships between you (the client) and ourselves, Mellor & Scott, registered as Mellor & Scott Design Ltd www.mellorandscott.com. By commissioning Mellor & Scott to work on a project, you are agreeing to the following terms in connection with our design work and associated services until a contract is mutually agreed between both parties at which point the contract supersedes all terms and conditions mentioned below.

Charging for our work

All projects will be given a written quote of the cost in advance of the project commencing. The quote will be an estimate based on how long we expect the project to take, in terms of hours or days. It will also include the expected cost of bought-in and/or subcontracted goods and services. Unless we have agreed a fixed fee in advance, our work will be charged out at hourly/daily basis, details of current rates can be found from Paul Mellor who will provide a current rate card. The final cost of a project will sometimes vary from the original quote supplied for a variety of reasons, including but not limited to:

- Changes to the requirements made by the client to the project that Mellor & Scott deem to be significantly different from the original requirement. - The client delaying, defaulting, or otherwise significantly disrupting the project and its agreed timescales. - Unexpected increases in Mellor & Scott’s overheads or expenses. - Circumstances occurring that are not reasonably within Mellor & Scott’s control.

Mellor & Scott will advise you in writing if this occurs before charging further costs associated to the particular project. In connection with your project, Mellor & Scott will charge you for any materials and services we buy in from third party suppliers. For most bought-in goods or services, Mellor & Scott will charge you at cost plus a minimum 20 per cent handling fee. The same percentage will be applied to incidental costs including but not limited to travel, freight, courier deliveries and accommodation.

About our invoices

Unless otherwise stated in the project detail section, Mellor & Scott suggest that one-off project payments are paid immediately on receipt of the invoice to avoid late payment charges and delays in the website design project. You must pay Mellor & Scott supplied invoices within the payment terms stated on the corresponding invoice. Mellor & Scott reserve the right to implement late payment fee’s detailed below:

  • 5% of the full project balance will added as a late payment fee.

  • If payment still has not been received 60 days after date of invoice then an additional charge of 10% of the full project invoice balance will be added as a late payment fee.
  • If payment still has not been received 90 days after date of invoice then an additional charge of 10% of the full project balance will be added as a late payment fee. An additional 10% of the full project invoice balance will be added every 30 days that payment hasn’t been received by Mellor & Scott.
  • If the invoice for the full amount plus additional late payment fees remains unpaid after 120 days then Mellor & Scott reserve the right to gain legal advice with regards to debt recovery.


    • Legal rights in the project work

    All copyright and other intellectual property rights in connection with Mellor & Scott’s work on clients’ projects, belong to Mellor & Scott Design Ltd. Only once a project is complete and Mellor & Scott invoices for the corresponding work have been paid in full, does the ownership of the work pass to you, for the purpose intended only.

    If you supply Mellor & Scott with any work to incorporate into a design or in connection with the project, it is your responsibility to make sure that you already own the copyright, IP, trademarks and all other rights in the work or you have the necessary licence or other legal permission to use and/or reproduce it and Mellor & Scott’s use of it will not infringe any third party rights. If you do not comply with these obligations, you accept that you will compensate and indemnify Mellor & Scott in full for any claims, damages, legal action or expenses faced as a result. Mellor & Scott offer no assurances that work produced for clients does not infringe on any third party rights including but not limited to copyright, IP and trademarks.

    You must not alter or modify any of Mellor & Scott designs or other work under license without prior written agreement from Paul Mellor. Both you and Mellor & Scott agree to do everything reasonably possible to protect each other’s confidentiality and intellectual property.

    Incidentals

    If you let Mellor & Scott have any items or material, you do so at your own risk and Mellor & Scott are not responsible if they are subsequently lost or damaged.

    Your Obligations

    If you break any of your obligations under this agreement, if you substantially change or call a halt to a project while it is still in progress, if you break your obligations or if Mellor & Scott cancels its commitment, you will immediately be responsible for paying any fees and expenses resulting from Mellor & Scott carrying out your instructions up to the date of cancellation. If you cancel a project, or place it on hold indefinitely, at any stage, Mellor & Scott reserve the right to issue an invoice in full for all the work completed up to that date, at our current hourly rate, for any costs faced for third party supplies already ordered for the project. If you call a halt to a project before it is finished, you have no copyright licence or similar rights in the work completed to that date. Nor can you make use of Mellor & Scott’s work or exploit it in any way.

    Mellor & Scott’s Obligations

    If any concerns occur during the project Mellor & Scott will make all reasonable efforts to reconcile. If the concerns remain Mellor & Scott reserve the right to terminate any or all of its services at any time. Where possible, termination of any or all services will be accompanied by one month’s notice. Upon termination of the contract, refunds will not be given for any unexpired periods of service contracts, services or facilities.