Terms of Service
Terms of Service
The following Terms of Service apply to all products and services provided by Monologue Ltd. (Agency). All work is carried out by the Agency on the understanding that the client has agreed to these Terms of Service. Copyright is retained by the Agency on all design work including words, pictures, ideas, visuals and illustrations (unless specifically released in writing) and only then once all costs has been settled.
If a choice of design is presented, only one solution is considered to be given by the Agency as fulfilling the contract. All other designs remain the property of the Agency, unless agreed in writing that this arrangement has been changed.
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 of Service. 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 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 of Service.
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, jpeg, MS Word on CD-ROM, 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 CD-ROM, 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.
Any indication given by the Agency of a design project’s duration is to be considered by the client to be an estimation. The Agency cannot be held responsible for any project over-runs, whatever the cause.
Estimated project duration should be deemed to be from the date that cleared funds are received by the Agency for the initial payment or by date confirmed in writing by the Agency.
The client agrees to allow the Agency all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The client also agrees to allow the Agency access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms of Service.
The client agrees to supply the Agency with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
The Agency considers the design project complete upon receipt of the client’s signed Approval form. Other services such as printing, display panel production, film work, website uploading, publishing etc. either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Once web design is complete, the Agency will provide the client with the opportunity to review the resulting work. The Agency will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to the Agency by e-mail or phone.
The Agency will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.
The Agency will not include in its designs, any text, images or other data, which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. The Agency also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that the Agency does include in all good faith, and then finds out that it contravenes these Terms of Service, the client is obliged to allow the Agency to remove the contravention without hindrance, or penalty. The Agency is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, the Agency will need formal notification in writing to our postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by the Agency within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
The Agency makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. The Agency will not be held responsible for any and all damages resulting from products and/or services it supplies. The Agency is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. 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 Agency reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms of Service. The Agency will not knowingly perform any actions to contravene these and the client also agrees to be so bound. The Agency and its clients agree to comply with Printers Terms of Service which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. The Agency recommends that if an exact quantity is required, then 10% extra be added to the quantity and extra time made available should the job be delayed.
These Terms of Service supersede any previous Terms of Service distributed in any form. The Agency reserves the right to change any rates and any of the Terms of Service at any time and without prior notice.
The placement of an order for design and/or any other services offered by the Agency and validated by the client’s signature or a reply email from the client on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms of Service and forms a Contract for Business between the signatory and the Agency.