terms and conditions
The following Terms and Conditions of Service apply to all products and
services provided by Spice Graphics.
All work is carried out by Spice Graphics on the understanding that the client
has agreed to Spice Graphics' terms and conditions.
Copyright is retained by Spice Graphics 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 spice as fulfilling the contract. All other designs remain the property
of Spice Graphics, unless agreed in writing that this arrangement has been
changed.
Project Acceptance
At the time of proposal, Spice Graphics will provide the customer with a
written estimate or quotation. The Terms and Conditions can be read on Spice
Graphics' 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 Spice Graphics.
Alternatively, the client may send an official order in reply to the estimate
or quotation which binds the client to accept Spice Graphics' terms and conditions.
No work on a project will commence until either document has been received
by Spice Graphics.
Design Charges
Charges for design services to be provided by Spice Graphics, 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 Spice Graphics 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 Spice Graphics. 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 Spice Graphics 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.
Spice Graphics 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. Spice Graphics shall
be considered entitled to remove Spice Graphics 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
Spice Graphics 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 Spice Graphics 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 Spice Graphics on
behalf of the customer, will remain the property of Spice Graphics and/or
it's suppliers.
The customer may request in writing from Spice Graphics, the necessary permission
to use materials (for which Spice Graphics holds the copyright) in forms
other than for which it was originally supplied, and Spice Graphics 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 Spice Graphics, the customer
grants Spice Graphics permission to use this material freely in the pursuit
of the design.
Should Spice Graphics, 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 Spice Graphics to remove
and/or replace the file on the site.
The customer agrees to fully indemnify and hold Spice Graphics 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 Spice Graphics 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 Spice Graphics, 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 Spice Graphics
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. Spice Graphics
will not be held responsible for any and all damages resulting from such
claims. Spice Graphics is not responsible for any loss, or consequential
loss, non-delivery of products or services, of whatever cause. The customer
agrees not to hold Spice Graphics responsible for any such loss or damage.
Any claim against Spice Graphics shall be limited to the relevant fee(s)
paid by the customer.
Data Formats
The client agrees to Spice Graphics' definition of acceptable means of supplying
data to the company.
Text is to be supplied to Spice Graphics 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 Spice Graphics via floppy disc, CD-ROM, or e-mail.
Images must be of a quality suitable for use without any subsequent image
processing, and Spice Graphics will not be held responsible for any image
quality which the client later deems to be unacceptable. Spice Graphics 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 Spice Graphics of a design project's duration is
to be considered by the customer to be an estimation. Spice Graphics 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 Spice Graphics for the initial payment or by date confirmed
in writing by Spice Graphics.
Rights of Access for Website Construction
The client agrees to allow Spice Graphics 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 Spice
Graphics 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 Spice Graphics 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
Spice Graphics 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, Spice Graphics will provide the customer with
the opportunity to review the resulting work. Spice Graphics 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 Spice Graphics by e-mail or fax and confirmed by post.
Spice Graphics 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
Spice Graphics does not offer in-house hosting services. Spice Graphics can
only suggest possible sub-contractors and does not guarantee continuous service
and will accept no liability for loss of service, whatever the cause. Spice
Graphics may request that clients change the type of hosting account used
if that account is deemed by Spice Graphics 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 Spice Graphics are not liable for their payment.
Domain Registration
Spice Graphics cannot guarantee the availability of any domain name. Where
Spice Graphics 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, Spice Graphics 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 Spice Graphics to place a small credit on printed
material exhibition displays, advertisements and/or a link to Spice Graphics'
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 Spice Graphics to place websites and other
designs, along with a link to the client's site on Spice Graphics' own website
for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
Spice Graphics 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. Spice Graphics also reserves the right to refuse to
include submitted material without giving reason. Any images and/or data
that Spice Graphics does include in all good faith, and then finds out that
it contravenes these Terms and Conditions, the customer is obliged to allow
Spice Graphics to remove the contravention without hindrance, or penalty.
Spice Graphics 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, Spice Graphics 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 Spice Graphics within 14 days of such
instruction being issued, will be liable for the full quoted cost of the
project.
Disclaimer
Spice Graphics makes no warranties of any kind, express or implied, for any
and all products and/or services that it supplies. Spice Graphics will not
be held responsible for any and all damages resulting from products and/or
services it supplies. Spice Graphics 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 Spice Graphics responsible for any such loss or damage. Any claim
against Spice Graphics shall be limited to the relevant fee(s) paid by the
customer.
Spice Graphics 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. Spice Graphics will not knowingly perform any
actions to contravene these and the client also agrees to be so bound.
Spice Graphics 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. Spice Graphics 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. Spice Graphics 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
Spice Graphics 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 Spice Graphics.
