Terms & Conditions
JudithSDesign&Creativity
TERMS AND CONDITIONS
The
following Terms and Conditions of Service apply to all artwork, graphic design,
print and services provided by JudithSDesign&Creativity
All
design work is carried out by JudithSDesign&Creativity on the understanding
that the client has agreed to abide by JudithSDesign&Creativity’s terms and
conditions.
Copyright
of all graphic design work is retained by JudithSDesign&Creativity
including copy, concepts, ideas, proofs and illustrations (unless specifically
released in writing) until after all invoices have been settled.
If
multiple design concepts are submitted, only one concept is deemed to be given
by JudithSDesign&Creativity as fulfilling the contract. All other artwork
designs remain the property of JudithSDesign&Creativity, unless agreed in
writing.
Project Acceptance
At
the time of proposal, JudithSDesign&Creativity will provide the customer
with a written estimate or quotation. Quotations are valid for a period of 30
days. The Terms and Conditions can be read on JudithSDesign&Creativity’s website.
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 JudithSDesign&Creativity. Alternatively, the client
may send an official order in reply to the estimate or quotation which binds
the client to accept JudithSDesign&Creativity’s terms and conditions. No work on a project
will commence until either document has been received by
JudithSDesign&Creativity.
Design Fees
Fees
for design services to be provided by JudithSDesign&Creativity, will be set
out in the written estimate or quotation that is provided to the customer. At
the time of the customer's signed acceptance of this estimate or quotation,
indicating acceptance of the Terms & Conditions, a non-refundable deposit
of 50% of the quoted fee will become immediately due. Work on the project will
not commence until JudithSDesign&Creativity has received this amount.
Charges for Other Services
Charges
for any additional services over and above the estimated design, will become
fully payable at the time of project acceptance.
Payment
The
client will be asked to provided artwork sign off before followed by an Invoice
prior to print/artwork/publication. At this time the remainder of the fees due
will become payable. Accounts which remain outstanding for 30 days after the
date of invoice, will incur an extra charge of 2% per month of the outstanding
amount.
Payments
may be made by Bank transfer, or (for overseas customers), PayPal or previously
agreed electronic funds transfer.
Publication
and/or release of work done by JudithSDesign&Creativity on behalf of the
client, may not take place before funds have cleared.
Payment
in full is required prior to artwork being sent to print.
Copyrights
and Trademarks
By
supplying text, images and other data to JudithSDesign&Creativity for
inclusion in the customer's brochure or other medium, the customer declares
that it holds the appropriate copyright and/or trademark permissions. The
ownership of such materials will remain with the customer, or rightful
copyright or trademark owner.
Any
artwork, images, or text supplied and/or designed by JudithSDesign&Creativity
on behalf of the customer, will remain the property of JudithSDesign&Creativity
and/or it's suppliers, excluding Logo design in which full copyright will be
passed to the client upon receipt of full payment.
The
customer may request in writing from JudithSDesign&Creativity, the
necessary permission to use materials (for which JudithSDesign&Creativity holds
the copyright) in forms other than for which it was originally supplied, and JudithSDesign&Creativity
may, at it's 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. JudithSDesign&Creativity reserves the right to
charge fees for additional usage.
By
supplying images, text, or any other data to JudithSDesign&Creativity, the
customer grants JudithSDesign&Creativity permission to use this material
freely in the pursuit of the design and to utilize the designs in JudithSDesign&Creativity’s
portfolio unless agreed otherwise.
Should
JudithSDesign&Creativity, or the customer 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 customer will agree to allow JudithSDesign&Creativity
to remove and/or replace the file.
The
customer agrees to fully indemnify and hold JudithSDesign&Creativity free
from harm in any and all claims resulting from the customer in not having
obtained all the required copyright, and/or any other necessary permissions.
Alterations
The
customer 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
customer also agrees that JudithSDesign&Creativity holds no responsibility
for any amendments made by any third party, before or after a design is
published.
Licensing
Any
design, copywriting, drawing, idea for the customer by JudithSDesign&Creativity,
or any of it's 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 JudithSDesign&Creativity and
any of it's relevant sub-contractors.
All
design work where there is a risk that another party may make a claim, should
be registered by the client with the appropriate authorities prior to
publishing or first use or searches and legal advice sought as to its use. JudithSDesign&Creativity
will not be held responsible for any and all damages resulting from such
claims. JudithSDesign&Creativity is not responsible for any loss, or
consequential loss, non-delivery of products or services, of whatever cause.
The customer agrees not to hold JudithSDesign&Creativity responsible for
any such loss or damage. Any claim against JudithSDesign&Creativity shall
be limited to the relevant fee(s) paid by the customer.
Design Project Duration
Any
indication given by JudithSDesign&Creativity of a design project's duration
is to be considered by the customer to be an estimation.
JudithSDesign&Creativity 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 of the deposit are received by JudithSDesign&Creativity.
Design Project Completion
JudithSDesign&Creativity
considers the design project complete upon receipt of the customer's sign off.
Design Credits
The
customer agrees to allow JudithSDesign&Creativity to place a small credit
on printed material, exhibition displays, advertisements and/or a link to JudithSDesign&Creativity’s
own website on the customer's website. This will usually be in the form of a
small logo or line of text placed towards the bottom of the page.
The
customer also agrees to allow JudithSDesign&Creativity to place all designs
on JudithSDesign&Creativity’s own website for portfolio and demonstration
purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
JudithSDesign&Creativity
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. JudithSDesign&Creativity also reserves the right to refuse to
include submitted material without giving reason. Any images and/or data that JudithSDesign&Creativity
does include in all good faith, and then finds out that it contravenes these
Terms and Conditions, the customer is obliged to allow JudithSDesign&Creativity
to remove the contravention without hindrance, or penalty. JudithSDesign&Creativity
is to be held in no way responsible for any such data being included.
Cancellation
Cancellation
of orders may be made initially by, e-mail, however, following this, JudithSDesign&Creativity
will need formal notification in writing to the company's 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 JudithSDesign&Creativity
within 14 days of such instruction being issued, will be liable for the full
quoted cost of the project.
Disclaimer
JudithSDesign&Creativity
makes no warranties of any kind, express or implied, for any and all products
and/or services that it supplies. JudithSDesign&Creativity will not be held
responsible for any and all damages resulting from products and/or services it
supplies. JudithSDesign&Creativity 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 customer
agrees not to hold JudithSDesign&Creativity responsible for any such loss
or damage. Any claim against JudithSDesign&Creativity shall be limited to
the relevant fee(s) paid by the customer.
JudithSDesign&Creativity
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 and
Conditions. JudithSDesign&Creativity will not knowingly perform any actions
to contravene these and the client also agrees to be so bound.
General
These
Terms and Conditions supersede any previous Terms and Conditions distributed in
any form. JudithSDesign&Creativity reserves the right to change any rates
and any of the Terms and Conditions at any time and without prior notice.
Acceptance
of Quotation and Terms and Conditions
The
placement of an order for design and/or any other services offered by JudithSDesign&Creativity
and validated by the customer's signature on the estimate or quotation,
constitutes acceptance of the estimate or quotation and agreement to comply
fully with all the Terms and Conditions and forms a Contract for Business
between the signatory and JudithSDesign&Creativity.
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