The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Artel Creative.
All design work is carried out by Artel Creative on the understanding that the client has agreed to abide by Artel Creative’s terms and conditions.
Copyright of all graphic design work is retained by Artel Creative including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by Artel Creative as fulfilling the contract. All other artwork designs remain the property of Artel Creative, unless agreed in writing.
1. Project Acceptance
At the time of proposal, Artel Creative will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Artel Creative’s website.
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 Artel Creative. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Artel Creative’s terms and conditions. No work on a project will commence until either document has been received by Artel Creative.
2. Design Fees
Fees for design services to be provided by Artel 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 & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Artel Creative has received this amount.
3. Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable at the time of project acceptance.
Prices are subject to change without notice.
Currently Artel Creative do not charge VAT
All invoices must be paid in full within 14 days of the invoice date, except where agreed at Artel Creative’s own discretion.
Artel Creative reserves the right to decline further work on a project if there are invoices outstanding with the Client.
Artel Creative reserves the right to remove its work for the Client from the Internet if payments are not received.
Payment in full is required prior to artwork being sent to print.
An account shall be considered default if it remains unpaid for 16 days from the date of invoice, or following a returned cheque. Artel Creative shall be considered entitled to remove Artel 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 it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Artel Creative reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
5. Copyrights and Trademarks
By supplying text, images and other data to Artel Creative 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 Artel Creative on behalf of the customer, will remain the property of Artel Creative and/or it’s suppliers, excluding Logo design in which full copyright will be passed to the client upon receipt of full payment.
The customer may request in writing from Artel Creative, the necessary permission to use materials (for which Artel Creative holds the copyright) in forms other than for which it was originally supplied, and Artel Creative may, at it’s 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. Artel Creative reserves the right to charge fees for additional usage.
By supplying images, text, or any other data to Artel Creative, the customer grants Artel Creative permission to use this material freely in the pursuit of the design and to utilise the designs in Artel Creative’s portfolio unless agreed otherwise.
Should Artel 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 Artel Creative to remove and/or replace the file.
The customer agrees to fully indemnify and hold Artel 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 Artel Creative holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing or idea created for the customer by Artel Creative, 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 Artel Creative 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. Artel Creative will not be held responsible for any and all damages resulting from such claims. Artel 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 Artel Creative responsible for any such loss or damage. Any claim against Artel Creative shall be limited to the relevant fee(s) paid by the customer.
8. Data Formats
The client agrees to Artel Creative’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Artel Creative in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Artel Creative via CD-ROM, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Artel Creative will not be held responsible for any image quality which the client later deems to be unacceptable. Artel 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.
9. Design Project Duration
Any indication given by Artel Creative of a design project’s duration is to be considered by the customer to be an estimation. Artel 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 of the deposit are received by Artel Creative.
10. Design Project Completion
Artel Creative considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
11. Design Credits
The customer agrees to allow Artel Creative to place a small credit on printed material, exhibition displays, advertisements and/or a link to Artel Creative’s own 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 Artel Creative to place all designs on Artel Creative’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
12. Rights of Refusal
Artel 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. Artel Creative also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Artel Creative does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Artel Creative to remove the contravention without hindrance, or penalty. Artel Creative 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 e-mail, however, following this, Artel 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 Artel Creative within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Artel Creative makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Artel Creative will not be held responsible for any and all damages resulting from products and/or services it supplies. Artel 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 Artel Creative responsible for any such loss or damage. Any claim against Artel Creative shall be limited to the relevant fee(s) paid by the customer.
Artel Creative 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. Artel Creative will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Artel 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. Artel Creative 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. Artel Creative reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
16. Acceptance of Work
Quotations are valid for 30 days from date of issue.
When the Client places an order to purchase a website or website updates from Artel Creative, the order represents an offer to Artel Creative to purchase the website or website updates. No contract for the supply of services exists between Client and Developer until Artel Creative sends an invoice to the Client for payment of a deposit. The invoice equals acceptance by Artel Creative (or third party supplier) of the Client’s offer to purchase services from Artel Creative and this acceptance of work is a valid contract between Client and Developer regardless of whether the Client receives the invoice.
Any other services on the order that have not been included in the invoice do not form part of the contract. The Client agrees to check that the details of the invoice are correct and should print and keep a copy for their records.
Artel Creative is liable to withdraw the from contract at any time prior to acceptance.
Additional work requested by the Client that is not specified in the agreed quotation is subject to an additional quotation by Artel Creative on receipt of specification and will be charged at £35 per hour. If the work is needed as part of an existing project, then this may affect time scale and overall delivery time of the project.
If a functional specification and a set of testing criteria is included within the quotation, Artel Creative is responsible for fulfilling the testing criteria as the sole criteria for completion of the contract.
The Client agrees that the standard development platform (often WordPress) is an agreeable platform for development of the website and all acceptance testing will occur only on the standard development platform. The Client further agrees that any requests relating to hardware or software outside the standard development platform will be deemed additional work.
The Client agrees to provide any needed information and content required by Artel Creative in good time to enable Artel Creative to complete a design or website work as part of an agreed project.
Any work is subject to a minimum charge of £70.