Terms and Conditions
In this Terms of Service document, the Client shall mean the company, or person that commissions the services of Cre8 Graphic Design. By commissioning the services of Cre8 Graphic Design, the Client agrees that these Terms of Service define the working relationship. All projects that Cre8 Graphic Design may be contracted to provide for the Client shall be subject to the following:
Acceptance Of Offer
The provision of services and the Terms of Service shall come into effect when the Client submits the Design Brief form. The Client agrees that the act of submitting the Design Brief form online is in lieu of their signature.
Provision Of Services
Cre8 Graphic Design shall make every effort to present the Client with work of a high standard according to the Design Brief, and to be delivered according to deadlines agreed to by both Cre8 Graphic Design and the Client, subject to the terms of service set out herein.
The Client agrees to an initial online, paperless service, with all concepts and financial documents being delivered via email or the World Wide Web and that all finished artwork shall be delivered on disk.
The Design process is as follows:
Brief is received from Client
Quotation is issued to Client
Client pays 50% deposit
Client is presented with 2 - 4 initial design concepts
Client comments and selects one concept for development
Client comments on the developed design
Client pays balance
Finished Design is delivered to Client
Payment
For each project, the Client shall receive a quotation outlining all specifications and fees for services. All quotations are valid for 30 days only from the date on quotation. All work shall only commence upon receiving a 50% up front, non-refundable deposit, with the balance to be paid before final delivery. Additional design concepts over and above the maximum initial concepts will be quoted for and charged separately.
Rush Orders
Quotations are based on reasonable time schedules to complete projects but may be revised to take into consideration a Clients "Urgent" request. Our knowledge of a deadline is essential to providing an accurate quotation.
Proofing
It is the Client's responsibility to check proofs carefully for accuracy in all respects including but not limited to dimensions, distances, prices and spelling. Cre8 Graphic Design shall not be held liable for any errors or omissions.
Copyright And Intellectual Property
The Client agrees to exercise due diligence in its direction to Cre8 Graphic Design regarding the preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all copyright, trademark, and patent infringement clearances and is responsible for arranging, prior to publication, any necessary legal clearances, licenses, usage or royalty payments. The Client agrees that any project completed may be displayed by Cre8 Graphic Design on their website, or by any other means, including any trademarks and other proprietary material supplied by the Client. Until the project is fully paid for, the intellectual property rights (including, but without limitation, copyrights and trade marks) and publishing rights pertaining to the work belong solely to Cre8 Graphic Design. Once the project is paid for in full, all intellectual property and publishing rights shall be relinquished to the Client. Cre8 Graphic Design may claim damages from the Client in the event that their copyright, intellectual property and/or publishing rights are violated or excluded. Cre8 Graphic Design will endeavour to store files on computer for a period of 6 months beyond delivery of a project, and thereupon reserves the right to discard without notice.
Force Majeure
Project schedules, storage of files and property belonging to the Client will be established and adhered to by both the Client and Cre8 Graphic Design, provided that neither party shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, industrial dispute or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or Cre8 Graphic Design. Where project schedules are not adhered to by the Client, final delivery dates will be adjusted accordingly.
General
The validity and enforceability of this agreement will be interpreted in accordance with the laws of England but Cre8 Graphic Design reserves the right to bring proceedings in connection with this contract in any other court of competent jurisdiction. Failure by Cre8 Graphic Design to enforce any of these conditions shall not be construed as a waiver of that condition or any other condition.
