Having received a brief including the requirements from The Client, either verbally or in writing, Visualise Graphics will produce a quotation detailing the work to be carried out. The Client must provide written or verbal confirmation that the quotation is acceptable by signing and returning a copy of the quotation or verbally agreeing to the cost or by other means agreed by the both parties. This will effectively form the basis of the contract.
This agreement constitutes the entire agreement between Visualise Graphics and The Client. In making this agreement each party confirms that they have not relied on any inducement not recorded in this agreement.
Copyright and Content
The Client MUST own copyright or have reproduction rights of all supplied artwork, trade names, photographs and other materials reproduced in The Client’s project. The Client shall assure Visualise Graphics against any costs that may occure in connection with the ownership of copyright or reproduction rights. The Client shall have full liability for the consequences of the contents of any printed literature, website or other project commissioned.
The Client’s logos, artwork, graphics and photographs remain the copyright of The Client. Design, graphics and programming produced by Visualise Graphics remain the intellectual property of Visualise Graphics, unless other agreements are made.
Visualise Graphics withholds the right to refuse publication of any content which it sees as being indecent, obscene or offensive towards others.
Proofs of all printed work may be submitted for The Client’s approval and Visualise Graphics shall not be liable for errors not corrected by The Client in such proofs. The Client’s alterations and additional proofs necessitated thereby shall be charged for unless otherwise agreed. When style, type or layout is left to the discretion of Visualise Graphics, further changes made by The Client shall be charged at an additional rate. No responsibility will be accepted for any errors, including colour variations in proofs approved by The Client.
Web Site Design
Visualise Graphics will produce and publish temporarily a design proof for The Client’s approval on its website. The design copyright of this proof shall remain the sole property of Visualise Graphics. The use of any aspect of this design without the written or verbal permission from Visualise Graphics will constitute breach of copyright.
Visualise Graphics will complete the design and build of The Client’s web site after receiving confirmation that the design proof is satisfactory. Not until Visualise Graphics and The Client are both satisfied after full testing that the website is complete will the website be published live to the purchased domain.
Any general advice offered by Visualise Graphics maybe subjective. It is up to The Client whether they decide to follow our ideas and suggestions. Visualise Graphics cannot guarantee that we will increase traffic to The Client’s web site, improve ratings with search engines or boost sales.
The Client’s supplied code, text and imagery with remain the copyright of The Client. Design, graphics, html coding and programming produced by Visualise Graphics remain the intellectual property of Visualise Graphics unless other agreements are made. Some parts of the html code and programming may also be the intellectual property of others and will be licensed for use within the site.
Visualise Graphics will accept no liability for compatibility issues with code or any errors, omissions or failings of software code produced if the full intellectual property rights are purchased from Visualise Graphics and the website is hosted on any system other than what the original site was designed for.
Search Engine entry and ranking can in no way be guaranteed as this remains the sole discretion of a third party search engine provider.
The Client shall be responsible for effecting all necessary insurance in respect of any loss, damage or expense that it may suffer directly or indirectly in relation to the provision or non-provision of Visualise Graphics goods and services.
Visualise Graphics shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of god, government action, failure of power supply, equipment failure, lock out, strike, default or failure of subcontractor or suppliers or any other cause beyond its reasonable control and Visualise Graphics shall not be liable for any loss, damage or expense suffered by The Client or any third party arising directly or indirectly from any such matters.
Invoicing, Payment and Tender Validity
Payment for design services must (unless otherwise agreed with Visualise Graphics) be made as follows: 50% (or an agreed deposit) with order, plus balance on completion. Design modifications will be charged at the prevailing hourly rate dependant on type of service required.
Payment shall be made in UK Pounds Sterling to Visualise Graphics. Payments are due within 15 days of presentation of invoice. If due to bank charges, transfer fees, or the like, Visualise Graphics should receive less than its invoice amount, Visualise Graphics will re-invoice The Client for the shortfall. In the event that any amount remains unpaid 90 days after invoice date, Visualise Graphics reserves the right to discontinue, withhold, or suspend services to The Client to whom such unpaid amounts relate.
Tenders and Quotes are valid for 30 days from the date of the Tender or Quote. All prices quoted may be subject to change without notice after this period.
Once Visualise Graphics has undertaken a commission for services, a cancellation fee of up to 75% will apply if the contract is terminated through no fault of Visualise Graphics.
Visualise Graphics cannot be held liable for any information contained within The Client’s web site or printed literature. The content of such, remains the copyright and intellectual property of The Client. The Client is liable for any reasonable legal costs incurred by Visualise Graphics caused by the content of The Client’s web site or other projects and agrees to indemnify Visualise Graphics for any awards made by a court of law.
Where in the instance that a time scale / schedule has been given, Visualise Graphics will not be responsible for any money lost to The Client if the deadline is not met.
Should Visualise Graphics waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Visualise Graphics to waive the same clause on any other occasion.
This contract shall be subject to English Law. Where it is held that Visualise Graphics is not entitled to rely on any term in this contract, then Visualise Graphics may also be allowed to cancel all rights and obligations under this contract, or to hold all other clauses as valid entirely at their sole discretion.
Visualise Graphics reserves the right to amend these terms and conditions at any time.
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