Terms & Conditions 

The following Terms and Conditions of Service apply to all products and services provided by Design-Showcase

All work is carried out by Design-Showcase on the understanding that the client has agreed to our terms and conditions.

Copyright is retained by Design-Showcase 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 designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Design-Showcase, unless agreed in writing.

Project Acceptance

At the time of proposal, Design-Showcase will provide the customer with a written quotation by email. These Terms and Conditions can be read at any time at Design-Showcase.co.uk

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 Design-Showcase.

Design Charges

Charges for design services to be provided by Design-Showcase will be set out in the written quotation that is provided to the customer. At the time of the customer’s signed acceptance of this quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will need to be processed, no work shall start until this upfront fee is received.

Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of 50% of the project quotation total before the work commences or is supplied to the Client for review. The remaining 50% of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

Source Files

We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.

Charges for design work do not cover the release of our copyright design source files, including but not restricted to, PSD, AI, PNG, FLA, MA, OBJ, DFX, FBX, JPEG, PDF or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they may be subject to a separate quotation or ‘buy-out’ charge to discontinue the services.

 

Payment

The customer will be provided with an Approval Form via Email, and an 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 approval by email to Design-Showcase.

Any invoice queries must be submitted by email within 14 days of the invoice date.

Accounts which remain outstanding for 20 days after the date of invoice, will incur late payment interest charge at outstanding amount plus 10% from the date due until the date of payment.

Payments may be made by online transfer, via PayPal 

Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery.

Publication and/or release of work done by Design-Showcase 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. Design-Showcase reserves the right to consider an account to be in default in the event of a returned cheque.

Copyrights and Trademarks

By supplying text, images and other assets to Design-Showcase 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 Design-Showcase on behalf of the customer, will remain the property of Design-Showcase and/or its suppliers unless otherwise agreed. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.

The customer may request from Design-Showcase, the necessary permission to use materials (for which Design-Showcase holds the copyright) in forms other than for which it was originally supplied, and Design-Showcase, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in before any of the aforesaid artwork, images, text, or other assets is used.

Any software, code, plugin or other third-party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not Design-Showcase.

By supplying images, text, or any other assets to Design-Showcase, the customer grants Design-Showcase permission to use this material freely in the pursuit of the design.

Should Design-Showcase, 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 Design-Showcase to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold Design-Showcase free from harm in 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 in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.

The customer also agrees that Design-Showcase 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 Design-Showcase, 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 Design-Showcase and any of its 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.

Design-Showcase will not be held responsible for any and all damages resulting from such claims.

Design-Showcase is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Design-Showcase responsible for any such loss or damage.

Any claim against Design-Showcase shall be limited to the relevant fee(s) paid by the customer.

Rights of Access for Website Construction

The client agrees to allow Design-Showcase 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 Design-Showcase 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 Design-Showcase 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

Design-Showcase considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.

Design Credits

The customer agrees to allow Design-Showcase to place a small credit on printed material exhibition displays, advertisements and/or a link to Design-Showcase 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 Design-Showcase to place websites and other designs, along with a link to the client’s site on Design-Showcase’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.

Rights of Refusal

Design-Showcase 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. Design-Showcase also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Design-Showcase does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Design-Showcase to remove the contravention without hindrance, or penalty. Design-Showcase is to be held in no way responsible for any such data being included.

Disclaimer

Design-Showcase makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Design-Showcase will not be held responsible for any and all damages resulting from products and/or services it supplies. Design-Showcase 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 Design-Showcase responsible for any such loss or damage. Any claim against Design-Showcase shall be limited to the relevant fee(s) paid by the customer.

Design-Showcase 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. Design-Showcase will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Design-Showcase 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. Design-Showcase 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. Design-Showcase reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by Design-Showcase, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.design-showcase.co.uk/termsandconditions.

An estimate validated by the customer’s signature on the estimate or quotation form, or by email, 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 Design-Showcase.

 Thank you for taking the time to read Design-showcase’s terms and conditions we look forward to working with you

-Leon-

 

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