TERMS & CONDITIONS
Last Updated: January 2019
The following Terms and Conditions of Service apply to all products and services provided by Cariad Creative. All work is carried out by Cariad Creative on the understanding that the client has agreed to Cariad Creative’s terms and conditions. Copyright is retained by Cariad Creative 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 Cariad Creative as fulfilling the contract. All other designs remain the property of Cariad Creative, unless agreed in writing that this arrangement has been changed.
At the time of proposal, Cariad Creative will provide the customer with a written estimate or quotation. 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 Cariad Creative. Alternatively, the client may send an official order (via email) in reply to the estimate or quotation which binds the client to accept Cariad Creative’s terms and conditions. No work on a project will commence until either document has been received by Cariad Creative. All validation periods will be noted on the written quotes or estimates for each project.
Charges for design services to be provided by Cariad Creative, 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 and Conditions, a non-refundable deposit will become immediately due. Deposits will vary depending on the project. Work on the project will not commence until Cariad Creative 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.
The customer will be provided with an Approval Form (.pdf or .jpg proof) 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 approve and return the Approval Form or email to Cariad Creative. Accounts which remain outstanding for 14 days after the date of invoice, will incur an extra charge of £25 per week the account remains outstanding, unless otherwise agreed in writing. Payments may be made by BACS transfer or via Standing Order. Publication and/or release of work done by Cariad Creative on behalf of the client, will not take place before cleared funds have been received. Cariad Creative do not accept cheques.
An account shall be considered default if it remains unpaid for 7 days from the date of invoice. Cariad Creative shall be considered entitled to remove Cariad Creative‘s 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 its obligation to pay the due amount. Customers whose accounts become default agree to pay Cariad Creative 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 Cariad Creative for inclusion in the customer’s website or other design medium (leaflet, stationary, social media etc), 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 Cariad Creative on behalf of the customer, will remain the property of Cariad Creative and/or its suppliers. The customer may request in writing from Cariad Creative, the necessary permission to use materials (for which Cariad Creative holds the copyright) in forms other than for which it was originally supplied, and Cariad Creative 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 Cariad Creative, the customer grants Cariad Creative permission to use this material freely in the pursuit of the design. Should Cariad Creative, 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 Cariad Creative to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Cariad Creative 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.
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 Cariad Creative holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Cariad Creative, 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 Cariad Creative and any of its relevant subcontractors. 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. Cariad Creative will not be held responsible for any and all damages resulting from such claims. Cariad Creative is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Cariad Creative responsible for any such loss or damage. Any claim against Cariad Creative shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Cariad Creative’s definition of acceptable means of supplying data to the company. Text is to be supplied to Cariad Creative in electronic format as standard text (.txt), MS Word (.doc) via e-mail. Images which are supplied in an electronic format are to be provided in a format as prescribed by Cariad Creative via WeTransfer, or via e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Cariad Creative will not be held responsible for any image quality which the client later deems to be unacceptable. Cariad Creative 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. Cariad Creative does not take responsibility for any lost or damaged materials sent in the post.
DESIGN PROJECT DURATION
Any indication given by Cariad Creative of a design project’s duration is to be considered by the customer to be an estimation. Cariad Creative 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 Cariad Creative for the initial payment or by date confirmed in writing by Cariad Creative.
WEBSITE DESIGN TERMS AND CONDITIONS
The client agrees to pay the 50% upfront payment required to secure the project and estimated completion date. Unless otherwise agreed in writing, the client agrees to provide Cariad Creative with pre-approved copy, logos, images and necessary assets within 30 days of the initial payment. If the client has not provided all the necessary copy and assets to create a first draft version of the website within 90 days of the initial payment, the project will be put on hold and a non-refundable restart fee of £300 will be required to start the project again along with a new estimated completion date, which must be within 60 days. The outstanding balance will be due upon completion, however if the client does not provide copy within 60 days of the restart fee being paid, the project will be cancelled and a requote will be required. If the client fails to provide copy within 365 days of the initial payment the project will be cancelled altogether and a requote will be required if the client wishes to continue with the project. On this occasion a 100% of the fee will be required upfront, and the same timeframe and a restart fee will remain if necessary.
Once Cariad Creative has provided a first draft of the website, the client has 30 days to provide a list of amendments to the website, otherwise the outstanding balance for the project will required, unless otherwise agreed in writing.
WEBSITE MAINTENANCE TERMS AND CONDITIONS
Website maintenance is offered on monthly or ad-hoc basis. Monthly maintenance will be required to be paid one month in advance and only cover the agreed maintenance requirements. Any additional services will be quoted separately. All information will need to be provided at an agreed time to meet deadlines. Clients on monthly website maintenance will receive priority support from Cariad Creative as per our SLA.
Website updates made on an ad-hoc basis will be required to be paid in advance with an agreed estimated completion date, to which the required information will need to be provided at an agreed time to meet the agreed deadline. Work will not be carried out until funds have been cleared.
Cariad Creative does not take responsibility for any loss or damage caused by the delay of required information being provided by the client. All content must be pre-approved before sending.
RIGHTS OF ACCESS FOR WEBSITE CONSTRUCTION
SOCIAL MEDIA TERMS AND CONDITIONS
The client agrees to allow Cariad Creative admin access to all necessary social media platforms and portals in order to complete a project and until all due funds are cleared. For social media management the client agrees to pay one month is advance for all management projects. An SLA shall be provided and an invoice date shall be agreed here. Payment is due upon the invoice date and failure to make payment will suspend services immediately until payment has been made and your account is up to date. Your contract will still run from the agreed dates and Cariad Creative do not take responsibility for loss of service when payment has been delayed.
Social Media Audits will require the full amount up front and analyst access to necessary social media platforms. Social media audits will be provided in PDF format via email. Unless otherwise agreed, Skype consultations will be charged separately.
ASK ME ANYTHING CONSULTATION TERMS AND CONDITIONS.
All payments are due upon booking and consultations are not confirmed until full payment has been made. The client agrees that if they wish to cancel their booking, a 12-hour notification period will be required otherwise the client may lose their booking fee. The client may choose to reschedule with no additional fee.
DESIGN PROJECT COMPLETION
Cariad Creative considers the design project complete upon receipt of the customer’s signed Approval Form. Other services such as printing, social media, website uploading, publishing etc either contracted on the clients’ behalf constitute a separate project and can be treated as a separate charge.
The customer agrees to allow Cariad Creative to place a small credit on printed material, exhibition displays, advertisements and/or a link to Cariad Creative’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 Cariad Creative to place websites and other designs, along with a link to the client’s site on Cariad Creative’s own website for demonstration purposes and to use any designs in its own publicity.
RIGHTS OF REFUSAL
Cariad Creative 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. Cariad Creative also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Cariad Creative does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Cariad Creative to remove the contravention without hindrance, or penalty. Cariad Creative is to be held in no way responsible for any such data being included.
With the exception of retainers, cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Cariad Creative 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 Cariad Creative within 30 days of such instruction being issued, will be liable for the full quoted cost of the project.
CANCELLATION OF RETAINERS
Cariad Creative retainers are set at a minimum of 6 months, unless otherwise agreed in writing. A review of strategy and charges will take place after the agreed minimum term and a new proposal will be put forward if necessary. If the client wishes to cancel after the agreed minimum term, the client may so with immediate effect with no additional charges. Should the client wish to continue after the agreed minimum term, a 30-day notice period will need to be given to cancel thereafter, unless a new 6-month retainer has been agreed. If the client wishes to cancel during the agreed minimum term, the client is still liable for the full amount of the agreement.
Cariad Creative makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Cariad Creative will not be held responsible for any and all damages resulting from products and/or services it supplies. Cariad Creative 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 Cariad Creative responsible for any such loss or damage. Any claim against Cariad Creative shall be limited to the relevant fee(s) paid by the customer. Cariad Creative reserves the right to use the services of subcontractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Cariad Creative will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Cariad Creative 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. Cariad Creative recommends 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.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Cariad Creative 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 Cariad Creative 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 Cariad Creative.