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The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Shout Spark & Go Limited (SS&G).
All design work is carried out by Shout Spark & Go Limited (SS&G) on the understanding that the client has agreed to abide by the terms and conditions set out below:
Copyright of all graphic design work is retained by SS&G including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled, at which time all parts of the job and ownership rights are transferred to the customer.
At the time of proposal, SS&G will provide the customer with a written estimate or quotation by email or via post if requested.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance of the quote and should be returned to SS&G by email or post.
Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept the terms and conditions of SS&G.
No work on a project will commence until either document has been received by SS&G.
Fees for design services to be provided by SS&G, 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 & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due on projects worth over £100.00, or 100% of orders under £100 work on the project will not commence until SS&G has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design, will be made known to the client before the additional work is done, this would become fully payable before the additional project work is started.
Payment of the Remaining Invoice
The client will be asked to provide artwork sign off before being issued with an invoice for whatever portion of the invoice is left to pay. The remainder of the fees will now be due and payable.
Final payments are due 14 days after sign off, once payment is made the high-resolution images / artwork / website will be released to the customer. Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charge of 8% plus the Bank of England base rate per month of the outstanding amount.
Payments may be made by Bacs or Bank transfer, Cheques only accepted by prior approval with SS&G.
Returned cheques will incur an additional fee of £50 per returned cheque. SS&G reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. SS&G shall be considered entitled to remove any material produced by SS&G during this order, 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, artwork design and maintenance, printing, photographs and images.
Removal of such materials does not relieve the customer of their obligation to pay the due amount.
Customers whose accounts become default agree to pay SS&G legal expenses and third party collection agency fees in the enforcement of this invoice whilst adhering to these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to SS&G for inclusion in the customer’s brochure 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 SS&G on behalf of the customer, will remain the property of SS&G and/or it’s suppliers. Full copyright will be passed to the client upon receipt of full payment.
By supplying images, text, or any other data to SS&G, the customer grants SS&G permission to use this material freely in the pursuit of the design and to utilise the designs in the SS&G portfolio unless agreed otherwise.
Should SS&G, 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 SS&G to remove and/or replace the file.
The customer agrees to fully indemnify and hold SS&G 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 could be liable to a separate charge if deemed appropriate by SS&G.
The customer also agrees that SS&G 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 SS&G, or any of it’s 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 SS&G and any of it’s relevant sub-contractors.
All design work where there is a risk that another party may 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. SS&G will not be held responsible for any and all damages resulting from such claims.
SS&G is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold SS&G responsible for any such loss or damage.
The client agrees to SS&G’s definition of acceptable means of supplying data to the company.
Text is to be supplied to SS&G in electronic format as standard text (.txt), MS Word (.doc) on CD, USB data stick, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by SS&G in electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and SS&G will not be held responsible for any image quality which the client later deems to be unacceptable. SS&G 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. Any, and all, additional charges of this nature will be advised to the customer before adding to the final invoice.
Design Project Duration
Any indication given by SS&G of a design project’s duration is to be considered by the customer to be an estimation. SS&G cannot be held responsible for any project over-runs, whatever the cause.
Design Project Completion
SS&G considers the design project complete upon receipt of the customer’s sign off and subsequent payment of the remainder of the invoice. Other services such as printing, display panel production, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Once web design is complete, SS&G will provide the customer with the opportunity to review the resulting work. SS&G will make the first set of minor changes at no extra cost then followed by a second review; and finally, the last few minor changes before going live. Minor changes include small textual changes and small adjustments to placement of items on the page.
SS&G will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the original correspondence.
SS&G offers a hosting service through an out-sourced server. SS&G does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. SS&G may request that clients change the type of hosting account used if that account is deemed by SS&G to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for SS&G’s hosting service are due at the commencement of any period of service and are non-refundable. Fees for the renewal of domain names are the sole responsibility of the customer / domain owner although you may receive a reminder from SS&G when the renewal of the domain is close.
Duration and Renewal of Hosting Services
Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in writing will automatically be renewed for the billing period chosen on sign up. You are entitled to cancel the Services by contacting SS&G no later than 1 month prior to the renewal date for your Services.
The customer agrees to allow SS&G to place a small credit on printed material, exhibition displays, advertisements and/or a link to SS&G’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 SS&G to place all designs on SS&G own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
SS&G 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. SS&G also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that SS&G does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow SS&G to remove the contravention without hindrance, or penalty. SS&G is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or email, however, following this, SS&G will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed. The balance of monies due must be paid within 14 days.
Please note: any cancellation which is not formally confirmed in writing and received by SS&G within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
SS&G makes no warranties of any kind, express or implied, for any, and all, products and/or services that it supplies. SS&G will not be held responsible for any, and all, damages resulting from products and/or services it supplies. SS&G 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 SS&G responsible for any such loss or damage. Any claim against SS&G shall be limited to the relevant fee(s) paid by the customer.
SS&G 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. SS&G will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
SS&G 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. SS&G 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.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. SS&G 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 SS&G and validated by the customer’s signature on the estimate or quotation, 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 SS&G.
Please click HERE>> to download our Terms and Conditions