All work is carried out by Servon Design Limited on the understanding that the client has agreed to Servon Design Limited’s terms and conditions.
Copyright is retained by Servon Design Limited on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by Servon Design Limited as fulfilling the contract. All other designs remain the property of Servon Design Limited, unless agreed in writing that this arrangement has been changed.
Project Acceptance
At the time of proposal, Servon Design Limited will provide the customer with a written estimate or quotation.
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 Servon Design Limited. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Servon Design Limited’ terms and conditions. No work on a project will commence until either document has been received by Servon Design Limited.
Design Charges
Charges for design services to be provided by Servon Design Limited 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 30% of the quoted fee will become immediately due unless stated otherwise in the written estimate or quotation. Work on the project will not commence until Servon Design Limited has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Payment
Upon final supply or publication the remainder of the amount due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 10% per month of the outstanding amount.
Payments may be made by bank transfer, direct debit or credit card, or (for overseas customers), Pound Sterling International Money Order or previously agreed electronic funds transfer.
Publication and/or release of work done by Servon Design Limited on behalf of the client, may not take place before cleared funds have been received.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Servon Design Limited shall be considered entitled to remove Servon Design Limited’ 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 Servon Design Limited reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Servon Design Limited 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 Servon Design Limited on behalf of the customer, will remain the property of Servon Design Limited and/or its suppliers.
The customer may request in writing from Servon Design Limited, the necessary permission to use materials (for which Servon Design Limited holds the copyright) in forms other than for which it was originally supplied, and Servon Design Limited may, at its 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.
By supplying images, text, or any other data to Servon Design Limited, the customer grants Servon Design Limited permission to use this material freely in the pursuit of the design.
Should Servon Design Limited, 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 Servon Design Limited to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Servon Design Limited 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 Servon Design Limited holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, drawing, idea or code created for the customer by Servon Design Limited, 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 Servon Design Limited 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. Servon Design Limited will not be held responsible for any and all damages resulting from such claims. Servon Design Limited is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Servon Design Limited responsible for any such loss or damage. Any claim against Servon Design Limited shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to Servon Design Limited’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Servon Design Limited in electronic format as standard text (.txt), MS Word (.doc, .docx) or via e-mail or shared drive.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Servon Design Limited via e-mail or shared drive. Images must be of a quality suitable for use without any subsequent image processing, and Servon Design Limited will not be held responsible for any image quality which the client later deems to be unacceptable. Servon Design Limited 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.
Design Project Duration
Any indication given by Servon Design Limited of a design project’s duration is to be considered by the customer to be an estimation. Servon Design Limited 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 Servon Design Limited for the initial payment or by date confirmed in writing by Servon Design Limited.
The customer agrees to supply Servon Design Limited with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Website design only
Once web design is complete, Servon Design Limited will provide the customer with the opportunity to review the resulting work. Servon Design Limited will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Servon Design Limited by e-mail or fax and confirmed by post.
Servon Design Limited 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 start of the review period.
Hosting websites
Servon Design Limited offers hosting services, but does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Domain Registration
Servon Design Limited cannot guarantee the availability of any domain name. Where Servon Design Limited is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Servon Design Limited cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
Design Credits
The customer agrees to allow Servon Design Limited to place a small credit on printed material exhibition displays, advertisements and/or a link to Servon Design Limited’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 Servon Design Limited to place websites and other designs, along with a link to the client’s site on Servon Design Limited’s own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
Servon Design Limited 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. Servon Design Limited also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Servon Design Limited does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Servon Design Limited to remove the contravention without hindrance, or penalty. Servon Design Limited is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Servon Design Limited 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 Servon Design Limited within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
Servon Design Limited makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Servon Design Limited will not be held responsible for any and all damages resulting from products and/or services it supplies. Servon Design Limited 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 Servon Design Limited responsible for any such loss or damage. Any claim against Servon Design Limited shall be limited to the relevant fee(s) paid by the customer.
Servon Design Limited 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. Servon Design Limited will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Servon Design Limited 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. Servon Design Limited 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.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Servon Design Limited 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 Servon Design Limited and 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 Servon Design Limited.
