TESCREATIVE LTD TERMS AND CONDITION
The following Terms and Conditions of Service apply to all goods, products and services provided by TESCREATIVE Ltd.
Below are TESCREATIVE Ltd standard terms and conditions. It is absolutely necessary that you (The Client) kindly take time to read through carefully and ensure that you fully understand these terms and conditions and their consequences before you commence any project with TESCREATIVE Ltd. Please be advised that from time to time TESCREATIVE Ltd may need to alter these terms and conditions without notice. In the case where, you do not understand any of the terms and conditions in this document, please kindly contact us.
1. Acceptance of Project
At the time of proposal, TESCREATIVE Ltd will provide the client with a written estimate or quotation. The Terms and Conditions can be read on TESCREATIVE website.
A copy of the written estimate or quotation is to be signed and dated by the client to signify acceptance and should be returned to TESCREATIVE Ltd. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept TESCREATIVE Ltd terms and conditions, or an email acknowledging acceptance of the quotation. No work on any project will take effect until acceptance of the quotation has been received by TESCREATIVE Ltd.
2. Payment
The client agrees to pay up to 50% deposit of the quoted amount under the discretion of TESCREATIVE Ltd before any design project takes effect, with the balance to be paid in full prior to delivery. The client will also be required to sign and return the Approval Form to TESCREATIVE. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client” this deposit is non-refundable. TESCREATIVE Ltd endeavours to provide creative design services that meet and super- exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited, plus a pro rata payment based upon the time spent.
Payments may be made by online transfer, cash or cheque. Publication and/ or release of any project undertaken by TESCREATIVE Ltd on behalf of the client may not take its effect until and unless all payment has been fully received. Returned cheques will incur an additional fee of £50 per returned cheque. TESCREATIVE Ltd reserves the right to consider an account to be in default in the event of a returned cheque and will incur an additional fee of £30 per returned cheque.
Payment in full is required prior to artwork or any other designs provided by TESCREATIVE, being sent to print. Payment in full is also required before the print commenced on any of the promotional products. This payment does not cover the artwork designed by TESCREATIVE Ltd for the client, to be printed on the promotional product.
3. Source Files
Charges for design work do not cover the release of copyright design files including indd, psd, png, fla or any other source files; if the customer requires these files, they will be subject to a separate quotation or ‘buy-out’ charge.
Publication and/or release of work done by TESCREATIVE Ltd on behalf of the client may not take place before clear funds have been received.
All design work will be proofed by the client and written approval given before TESCREATIVE Ltd will release it for publication or print. The client is expected to proof read the print work (both on paper and products) produced by TESCREATIVE Ltd before being made generally available for use. This will be signed off whereupon the client becomes liable for any mistakes printed (no liability can be accepted by TESCREATIVE for errors not highlighted by the client prior to written approval for publication or print.
Every effort will be made to obtain the best possible colour reproduction on clients work but due to the nature of the process involved. TESCREATIVE Ltd will not be required to guarantee an exact match in colour or texture between the printed results and any proof or existing copy so supplied. Pantone ink matches cannot be produced using the full colour process. Any proof copies issued are NOT colour accurate and are issued for content checking only.
4. Charges for Other Services
Charges for any additional services over and above the estimated design or draft design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance. The client also agrees that TESCREATIVE Ltd will not be responsible by any alterations made by any third party before and after a design is published.
5. Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. TESCREATIVE Ltd shall be considered entitled to remove TESCREATIVE and/or the client’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 client of its obligation to pay the due amount. Client whose accounts become default agree to pay TESCREATIVE Ltd reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
6. Copyrights and Trademarks
By supplying text, images and other data to TESCREATIVE Ltd for insertion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, drawings, images, or text supplied and/or designed by TESCREATIVE Ltd on behalf of the client, will remain the property of TESCREATIVE Ltd and/or its suppliers.
The client may request in writing from TESCREATIVE Ltd, the necessary permission to use materials (TESCREATIVE Ltd Copyright) in forms other than for which it was originally supplied, and TESCREATIVE Ltd may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, drawings, images, text, or other data to be used.
By supplying images, text, drawings or any other data to TESCREATIVE Ltd, the customer grants TESCREATIVE the permission to use this material freely in the pursuit of the design. Should TESCREATIVE Ltd, or the customer supply an image, drawings, 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 client will agree to allow TESCREATIVE Ltd to remove and/or replace the file on the site.
The client agrees to fully reimburse and hold TESCREATIVE Ltd free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permission.
7. Alterations
The client 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 client also agrees that TESCREATIVE Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.
8. Licensing
Any design, copywriting, drawing, idea or code created for the customer by TESCREATIVE Ltd, 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 TESCREATIVE Ltd 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. TESCREATIVE Ltd will not be held responsible for any and all damages resulting from such claims. TESCREATIVE Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold TESCREATIVE Ltd responsible for any such loss or damage. Any claim against TESCREATIVE Ltd shall be limited to the relevant fee(s) paid by the customer.
9. Data Formats
The client agrees to TESCREATIVE Ltd’s definition of acceptable means of supplying data to the company. Text is to be supplied to TESCREATIVE Ltd in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail / FTP.
Images or drawings which are supplied in an electronic format are to be provided in a format as prescribed by TESCREATIVE via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing. TESCREATIVE Ltd will not be held responsible for any image quality which the client later deems to be unacceptable. TESCREATIVE Ltd will also not 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, colour correction and alteration of images.
10. Design Project Duration
Any indication given by TESCREATIVE Ltd of a design project’s duration is to be considered by the client to be estimation. TESCREATIVE Ltd 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 TESCREATIVE for the initial payment or by date confirmed in writing by TESCREATIVE Ltd.
11. Design Project Completion
TESCREATIVE Ltd considers the design project complete upon receipt of the client’s signed Approval form. Other services such as printing, display panel production, promotional products, website uploading, publishing etc either contracted on the client’s behalf or as part of TESCREATIVE Ltd’s services, constitute a separate project and can be treated as a separate charge.
12. Digital Design Services Only
The client agrees that once web design is complete, TESCREATIVE Ltd will provide the client with the opportunity to review the resulting work. TESCREATIVE Ltd will make one set of minor changes at no extra cost within 14 days of the review period. These minor changes include small textual changes and reasonable adjustments to placement of items on the page. TESCREATIVE Ltd will only make other changes such as images, colour schemes or any navigation features at its discretion which will be agreed to the client in writing via email.
Any of these minor changes should notify to TESCREATIVE Ltd by email or by post with acceptance confirmation. TESCREATIVE Ltd will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client with the 14 days of the start of the review period.
13. Design Credits
The client agrees to allow TESCREATIVE Ltd to place a small credit on printed material exhibition displays, advertisements and/or a link to TESCREATIVE Ltd own website on the client’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 TESCREATIVE Ltd to place websites and other designs, along with a link to the client’s site on TESCREATIVE Ltd own website for demonstration purposes and to use any designs in its own publicity and portfolios.
14. Privacy
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
15. Rights of refusal
TESCREATIVE Ltd will not include in its designs, any text, images or other data which is considered as immoral, offensive, obscene or illegal. All advertising materials must confirm to all standards laid down by all relevant advertising standards authorities.
In the situation where any images and/or data that TESCREATIVE Ltd does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the client is obliged to allow TESCREATIVE Ltd to remove the contravention without hindrance, or penalty. TESCREATIVE Ltd will not be responsible for any of such data being included.
16. Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, TESCREATIVE Ltd 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 payment due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by TESCREATIVE Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
17. Disclaimer
TESCREATIVE Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. TESCREATIVE Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. TESCREATIVE Ltd 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 TESCREATIVE Ltd responsible for any such loss or damage. Any claim against TESCREATIVE Ltd shall be limited to the relevant fee(s) paid by the client.
TESCREATIVE Ltd 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. TESCREATIVE Ltd will not knowingly perform any actions to breach these and the client also agrees to be so bound.
TESCREATIVE Ltd 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 30% of the total ordered. TESCREATIVE Ltd recommends that if an exact quantity is required, then 30% extra is added to the quantity and extra time made available should the job be delayed.
18. Force Majeure
TESCREATIVE Ltd will not be liable to the client or deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of the obligations of TESCREATIVE Ltd in relation to the services. If the delay or failure was due to any cause beyond the reasonable control of TESCREATIVE Ltd. Without prejudice to the generality of the foregoing the following, shall be regarded as causes beyond the reasonable control of TESCREATIVE Ltd: Act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or inquisition acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government parliamentary or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving employees of TESCREATIVE Ltd or any third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.
19. General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. TESCREATIVE Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
20. Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by TESCREATIVE Ltd, by email, verbally or in writing, is considered to be acceptance of these terms and conditions, which are freely available at www.tescreative.com.
An estimate 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 TESCREATIVE Ltd.
