Getting sign-off, in writing, is a vital part of best practice when sending designs, copy or code to clients. If changes need to be made later then, with sign-off completed, it is the client’s responsibility — not yours. If, for example, there is a typo in a design for a flyer (perhaps the date is wrong!) and the client spots the mistake after printing 1000s of copies the responsibility for the cost of re-printing is the clients… not yours.
It is well established in law that by signing-off artwork the client accepts final responsibility for it. It means that, under normal circumstances, re-printing becomes a client’s responsibility once your artwork has been approved.
Observing best practice in the design and marketing business means obtaining sign-off from your client before artwork goes into production.
Once the client has signed off the artwork you are no longer responsible for it. It means that your Professional Indemnity insurance will not meet a claim for reprint (for example), because it would be the client’s responsibility (or possibly the printer’s if the reprint was the result of a straightforward printing error).
If, however, a client tried to blame you and attempted to make a claim against you, even if you weren’t at fault, then your Professional Indemnity would defend you. This would also be the case if the client simply refused to pay you, and threatened to counterclaim if you pursued the debt.
If for some reason you can’t obtain a sign-off or the client makes a last minute verbal amendment, you should acknowledge the amendment in writing (by letter, email or fax). You could attach a proforma template that points out that, if the client is unable to sign-off the final artwork; you accept no responsibility for errors that may subsequently occur.
If you inadvertently failed to obtain sign-off and there turned out to be an error in the artwork, you would still be covered. However, you should always try to observe best practice.
Blyth Valley specialise in insurance for small to medium-sized businesses and independent consultants. By offering profession-specific policies and giving customers their own personal insurance advisers, Blyth Valley are one of the top Professional Indemnity insurers on the market.
More Info: Blyth Valley’s Professional Indemnity plan
Blyth Valley Ltd is authorised and regulated by the Financial Services Authority (FSA) under firm reference no. 307180. You may check this on the FSA’s register by visiting the FSA’s website or by contacting the FSA on 0845 6061234.
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