At the time of proposal, the Agency will provide the client with a written estimate or quotation. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to the Agency. Alternatively, the client may send an official order in reply to the estimate or quotation, which binds the client to accept these Terms and Conditions. A return email with the estimate attached with explicit language accepting the contract will also suffice. No work on a project will commence until confirmation has been received by the Agency and deposit has been paid.
Charges for design services to be provided by the Agency, will be set out in the written estimate or quotation that is provided to the client. Work on the project will not commence until the Agency has received the agreed amount.
Charges for Other Services
Charges for any additional services over and above the estimated design will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Payments may be made by, cheque, online bank transfer or (for overseas customers), Euro International Money Order or previously agreed electronic funds transfer.
Publication and/or release of work done by the Agency on behalf of the client, may not take place before cleared funds have been received.
An account shall be considered default if it remains unpaid for 90 days from the date of invoice, or following a returned cheque. The Agency shall be considered entitled to remove the Agency and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay the Agency reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to the Agency for inclusion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by the Agency on behalf of the client, will remain the property of the Agency and/or its suppliers. The client may request in writing from the Agency, the necessary permission to use materials (for which the Agency holds the copyright) in forms other than for which it was originally supplied, and the Agency may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to the Agency, the client grants the Agency permission to use this material freely in the pursuit of the design. Should the Agency, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow the Agency to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold the Agency free from harm in any and all claims resulting from the client not having obtained all the required copyright, and/or any other necessary permission.
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The client also agrees that the Agency holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the client by the Agency, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of the Agency and any of its relevant sub-contractors.
The client should register all design work – where there is a risk that another party makes a claim, with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. The Agency will not be held responsible for any and all damages resulting from such claims. The Agency is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold the Agency responsible for any such loss or damage. Any claim against the Agency shall be limited to the relevant fee(s) paid by the client.
The client agrees to the Agency definition of acceptable means of supplying data to the company.
Text is to be supplied to the Agency in electronic format as standard text (.txt), pdf, MS Word, or via e-mail. Images, which are supplied in an electronic format, are to be provided in a format as prescribed by the Agency via DVD, USB drive or external hard drive, or e-mail.
Images must be of a quality suitable for use without any subsequent image processing, and the Agency will not be held responsible for any image quality, which the client later deems to be unacceptable. The Agency cannot be held responsible for the quality of any images that the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.