Design Terms and Conditions - Quality Web and Graphic Design from BDA

Design Terms and Conditions

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Terms & Conditions
© BDA 2009

The following Terms and Conditions of Service apply to all products and services provided by Bruce, Davis Associates.

All work is carried out by BDA on the understanding that the client has agreed to BDA's terms and conditions.

Copyright is retained by BDA on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of design is presented, only one solution is deemed to be given by BDA as fulfilling the contract. All othe designs remain the property of BDA, unless agreed in writing that this arrangement has been changed.

Project Acceptance
At the time of proposal, Bruce, Davis Associates will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Bruce, Davis Associates'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 Bruce, Davis Associates. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Bruce, Davis Associates' terms and conditions. No work on a project will commence until either document has been received by Bruce, Davis Associates.

Design Charges
Charges for design services to be provided by Bruce, Davis Associates, 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 Bruce, Davis Associates has received this 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.

Payment
The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to Bruce, Davis Associates. 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 cash, cheque, or (for overseas customers), Pound Sterling International Money Order or previously agreed electronic funds transfer.

Publication and/or release of work done by Bruce, Davis Associates on behalf of the client, may not take place before cleared funds have been received.

Returned cheques will incur an additional fee of £50 per returned cheque. Bruce, Davis Associates reserves the right to consider an account to be in default in the event of a returned cheque.

Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Bruce, Davis Associates shall be considered entitled to remove Bruce, Davis Associates' and/or the customer'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 customer of it's obligation to pay the due amount. Customers whose accounts become default agree to pay Bruce, Davis Associates 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 Bruce, Davis Associates for inclusion in the customer's website 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 Bruce, Davis Associates on behalf of the customer, will remain the property of Bruce, Davis Associates and/or it's suppliers.

The customer may request in writing from Bruce, Davis Associates, the necessary permission to use materials (for which Bruce, Davis Associates holds the copyright) in forms other than for which it was originally supplied, and Bruce, Davis Associates 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.

By supplying images, text, or any other data to Bruce, Davis Associates, the customer grants Bruce, Davis Associates permission to use this material freely in the pursuit of the design.

Should Bruce, Davis Associates, 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 Bruce, Davis Associates to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold Bruce, Davis Associates 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 Bruce, Davis Associates holds no responsibility for any amendments made by any third party, before or after a design is published.





Licensing Any design, copywriting, drawing, idea or code created for the customer by Bruce, Davis Associates, 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 Bruce, Davis Associates and any of it's relevant sub-contractors. All design work- where there is a risk that another party 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. Bruce, Davis Associates will not be held responsible for any and all damages resulting from such claims. Bruce, Davis Associates is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Bruce, Davis Associates responsible for any such loss or damage. Any claim against Bruce, Davis Associates shall be limited to the relevant fee(s) paid by the customer. Data Formats The client agrees to Bruce, Davis Associates's definition of acceptable means of supplying data to the company. Text is to be supplied to Bruce, Davis Associates in electronic format as standard text (.txt), MS Word (.doc) on floppy disc, or CD-ROM, or via e-mail. Images which are supplied in an electronic format, are to be provided in a format as prescribed by Bruce, Davis Associates via floppy disc, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Bruce, Davis Associates will not be held responsible for any image quality which the client later deems to be unacceptable. Bruce, Davis Associates cannot be held responsible for the quality of any images which 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. Design Project Duration Any indication given by Bruce, Davis Associates of a design project's duration is to be considered by the customer to be an estimation. Bruce, Davis Associates 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 Bruce, Davis Associates for the initial payment or by date confirmed in writing by Bruce, Davis Associates. Rights of Access for Website Construction The client agrees to allow Bruce, Davis Associates 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 customer also agrees to allow Bruce, Davis Associates access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions. The customer agrees to supply Bruce, Davis Associates with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner. Design Project Completion Bruce, Davis Associates considers the design project complete upon receipt of the customer's signed Approval form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge. Website design only Once web design is complete, Bruce, Davis Associates will provide the customer with the opportunity to review the resulting work. Bruce, Davis Associates 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 Bruce, Davis Associates by e-mail or fax and confirmed by post. Bruce, Davis Associates will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period. Hosting websites Bruce, Davis Associates does not offer in-house hosting services. Bruce, Davis Associates can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Bruce, Davis Associates may request that clients change the type of hosting account used if that account is deemed by Bruce, Davis Associates to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organisation are the responsibility of the client and Bruce, Davis Associates are not liable for their payment. Domain Registration Bruce, Davis Associates cannot guarantee the availability of any domain name. Where Bruce, Davis Associates is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration. Search Engine Submission Due to the infinite number of considerations that search engines use when determining a site's ranking, Bruce, Davis Associates cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Design Credits The customer agrees to allow Bruce, Davis Associates to place a small credit on printed material exhibition displays, advertisements and/or a link to Bruce, Davis Associates'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 Bruce, Davis Associates to place websites and other designs, along with a link to the client's site on Bruce, Davis Associates's own website for demonstration purposes and to use any designs in its own publicity. Rights of Refusal Bruce, Davis Associates 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. Bruce, Davis Associates also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Bruce, Davis Associates does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Bruce, Davis Associates to remove the contravention without hindrance, or penalty. Bruce, Davis Associates is to be held in no way responsible for any such data being included. Cancellation Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Bruce, Davis Associates 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 Bruce, Davis Associates within 14 days of such instruction being issued, will be liable for the full quoted cost of the project. Disclaimer Bruce, Davis Associates makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Bruce, Davis Associates will not be held responsible for any and all damages resulting from products and/or services it supplies. Bruce, Davis Associates is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take resonable steps to investigate the materials we recommend, we accept no responsibility for the performace or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Bruce, Davis Associates responsible for any such loss or damage. Any claim against Bruce, Davis Associates shall be limited to the relevant fee(s) paid by the customer. Bruce, Davis Associates 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. Bruce, Davis Associates will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Bruce, Davis Associates and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Bruce, Davis Associates recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed. General These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Bruce, Davis Associates 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 Bruce, Davis Associates and validated by the customer's signature on the estimate or quotation form, 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 Bruce, Davis Associates.