TERMS & CONDITIONS OF BUSINESS FOR GEMINUS DESIGN LIMITED
Project Acceptance At the time of proposal, Geminus Design Ltd will provide the customer with a written or emailed estimate. A copy of the estimate is to be signed and dated by the customer to indicate acceptance and should be returned to Geminus Design Ltd. Alternatively, the client may send an email in reply to the estimate which binds the client to accept Geminus Design's terms and conditions. No work on a project will commence until either document has been received by Geminus Design Ltd.
Design Charges Prices supplied on request are estimates only. Any additional work after a price has been agreed whether experimental or otherwise, at client’s request shall be charged at the current hourly rate if above and beyond the original brief and then billed on completion. The customer will be informed of this beforehand. Should work be suspended at the request of, or delayed through any instruction of the client for a period of 3 months Geminus Design Ltd shall be then entitled to payment for work already carried out, materials specially ordered and other additional costs including storage. The amount due and all payments must be made within 14 days of invoice due date. If the job then commences a new invoice will then be supplied for the completion of artwork.
Geminus Design Ltd does not do any spec work for a client based on his/her project specifics in hopes of being 'picked' to actually do the 'real' project, all work/ideas created are fully chargeable.
Geminus Design Ltd shall not be liable for any loss to the client arising from delay in transit not caused by Geminus Design Ltd. Internet designs are completed and published at the risk of the client and the proprietor cannot be held responsible for third party costs incurred by the content of such designs. It is the clients’ responsibility to ensure the contents is in keeping with English laws inc. copyright, criminal law, patents, trademarks and any other authority legislation affected by the content of the web site. Geminus Design Ltd reserves the right to terminate at any time a contract to design, print, publish any material felt to be in contradiction of any of these laws and recover any costs from the client relating to such matter.
Geminus Design Ltd is currently not VAT registered.
Charges For Other Services Any images or fonts which Geminus Design Ltd must buy to complete artwork must be paid in full before artwork can commence. The customer will be informed of this beforehand.
Copyright Full copyright to any chosen design concept out of designs presented to you is yours once payment has been received in full, however Geminus Design Ltd retains the right to display the item/s in any online or offline portfolios, and for the purpose of marketing or advertising services on or offline. All work is carried out by Geminus Design Ltd on the understanding that the client has agreed to Geminus Design Ltd terms and conditions. If a choice of design is presented, only one solution is deemed to be given by Geminus Design Ltd as fulfilling the contract. All other designs remain the property of Geminus Design Ltd.
Approvals & Sign Off A final proof will be submitted for client’s approval, Geminus Design Ltd shall incur no liability for any errors not corrected by the proofs. All jobs must be checked through thoroughly by the client prior to sign off. Any amendments not noticed at this stage will become your responsibility. It is the client’s prerogative to ensure all work carried out is approved for correct content inc. grammar, spelling and technical content. Once approved a signed/initialed copy must be forwarded to Geminus Design Ltd by post or email before your artwork will be supplied or forwarded to printer or web developer. Only errors made after sign off (final proof differs from presented artwork) will be accepted as a Geminus Design Ltd error. Please take the time to sign off your jobs carefully. Delay in sending confirmation to Geminus Design Ltd will delay the supply of your job.
Production Time Jobs are taken in by Geminus Design Ltd on a first come first served basis. No client has priority over any other. If your job requires a specific deadline, Geminus Design Ltd must be made aware of this at the time of briefing. Amendments will be fitted in to the schedule, where possible. Any work requested outside of Monday to Friday hours is done at the discretion of Geminus Design Ltd and may be charged at double time.
Payment The customer will be provided with an approval form/email and invoice prior to final artwork approval. Your payment terms are noted on every invoice you receive including a due by date. These terms are from the date of the invoice. The amount due and all payments must be made within 14 days of invoice due date. The customer must agree to these regardless of invoice recipient’s payment schedule (unless discussed prior). The customer will be required to sign and return the approval form/email to Geminus Design Ltd. Any account overdue by more than 14 days after the 14 days stated will incur an extra charge of 5% per month of the outstanding amount. All cheques must be made payable to Geminus Design. Cheques made out incorrectly will be counted as overdue and above conditions will apply. Payments can also be made by cash or BACs which are available on request. Any artwork release via disk or email done by Geminus Design Ltd 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.
Queries Any query on an invoice must be made in writing/email within 5 working days of invoice date.
Copyrights & Trademarks By supplying text, images and other data to Geminus Design Ltd 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 Geminus Design on behalf of the customer, will remain the property of Geminus Design Ltd and/or its suppliers. The customer may request in writing from Geminus Design Ltd, the necessary permission to use materials.
By supplying images, text, or any other data to Geminus Design Ltd, the customer grants Geminus Design Ltd permission to use this material freely in the pursuit of the design. Should Geminus Design Ltd, or the customer supply an image, text, audio clip or any other file for use in any 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 Geminus Design Ltd to remove and/or replace the file. The customer agrees to fully indemnify and hold Geminus Design Ltd 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 Geminus Design Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.
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