TERMS AND CONDITIONS
The following Terms and Conditions of Service apply to all products and services
provided by Viscom Studios Limited Limited (Viscom Studios). Viscom Studios
carries out all work on the understanding that the client has agreed to Viscom
Studios's terms and conditions.
Copyright is retained by Viscom Studios 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 Viscom Studios as fulfilling the contract. All other designs remain the
property of Viscom Studios, unless agreed in writing that this arrangement
has been changed.
Project Acceptance
At the time of proposal, Viscom Studios may provide the customer with a written
estimate or quotation. The Terms and Conditions can be read on the Viscom
Studios 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 Viscom Studios.
Alternatively, the client may send an official order in reply to the estimate
or quotation, which binds the client to accept Viscom Studios terms and conditions.
No work on a project will commence until Viscom Studios has received either
document.
Design Charges
Charges for design services to be provided by Viscom Studios 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 Viscom Studios has received this amount. At the sole
discretion of Viscom Studios this deposit may be waived for clients with an
approved Viscom Studios credit account. Viscom Studios reserves the right
to define payment milestones and to stage invoices throughout the life of
a project.
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
The customer will be provided with an Approval Form and Invoice prior to publication.
At this time the remainder of the amount due will become payable and the customer
will also be required to sign and return the Approval Form to Viscom Studios.
Accounts that remain outstanding for 30 days after the date of invoice, may
incur an extra charge of 2% per month of the outstanding amount. Payments
may be made by cash, cheque, or (for overseas customers), Pound Sterling International
Money Order or electronic funds transfer.
Publication and/or release of work done by Viscom Studios 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.
Viscom Studios reserves the right to consider an account to be in default
in the event of a returned cheque.
Default
An account shall be considered default if it remains unpaid for 30 days from
the date of invoice, or following a returned cheque. Viscom Studios shall
be considered entitled to remove Viscom Studios 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 its obligation
to pay the due amount. Customers whose accounts become default agree to pay
Viscom Studios's reasonable legal expenses and all third party collection
agency fees in the enforcement of these Terms and Conditions.
Materials supplied by Client
Viscom Studios will take all reasonable care in the handling and processing
of all materials belonging to the Client.
The liability of Viscom Studios for loss of or damage to the Client's materials,
however caused, shall be limited to a maximum of £50 (exclusive of VAT) per
consignment. Viscom Studios shall not be liable for any consequential losses,
special damages or other indirect losses, howsoever arising.
It shall be the responsibility of the Client to ensure adequate and appropriate
insurance cover in the event of the value of materials in any one consignment
exceeding £50. It shall also be the responsibility of the Client to insure
any goods or original materials deposited with Viscom Studios for the purposes
of the order or in transit to or from Viscom Studios.
Copyrights and Trademarks
By supplying text, images and other data to Viscom Studios 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 Viscom Studios on
behalf of the customer, will remain the property of Viscom Studios and/or
it's suppliers.
The customer may request in writing from Viscom Studios, the necessary permission
to use materials (for which Viscom Studios holds the copyright) in forms other
than for which it was originally supplied, and Viscom Studios 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 Viscom Studios, the customer
grants Viscom Studios permission to use this material freely in the pursuit
of the design.
Should Viscom Studios, 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 Viscom Studios to remove
and/or replace the file on the site.
The customer agrees to fully indemnify and hold Viscom Studios 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 Viscom Studios 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
Viscom Studios, 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 Viscom Studios and
any of it's relevant sub-contractors.
The client should register all design work- where there is a risk that another
party may make a claim, with the appropriate authorities prior to publishing
or first use or searches and legal advice sought as to its use.
Viscom Studios will not be held responsible for any and all damages resulting
from such claims. Viscom Studios is not responsible for any loss, or consequential
loss, non-delivery of products or services, of whatever cause. The customer
agrees not to hold Viscom Studios responsible for any such loss or damage.
Data Formats
The client agrees to Viscom Studios definition of acceptable means of supplying
data to the company.
Text is to be supplied to Viscom Studios in electronic format as standard
text (.txt), MS Word (.doc) on floppy disc, CD-ROM, or via e-mail.
Images that are supplied in an electronic format are to be provided in a format
as prescribed by Viscom Studios via floppy disc, CD-ROM, or e-mail.
Images must be of a quality suitable for use without any subsequent image
processing, and Viscom Studios will not be held responsible for any image
quality that the client later deems to be unacceptable. Viscom Studios cannot
be held responsible for the quality of any images that 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 Viscom Studios of a design project's duration is to
be considered by the customer to be estimation. Viscom Studios 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 Viscom Studios for the initial payment or by date confirmed in writing
by Viscom Studios.
Rights of Access for Website Construction
The client agrees to allow Viscom Studios all necessary access to computer
systems and other locations, as required, in order to complete a website project
and until all due funds are cleared, including the necessary read/write permissions,
usernames and passwords. The customer also agrees to allow Viscom Studios
access to any computer systems, usernames and passwords required to remove
data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply Viscom Studios with all necessary materials,
electronic, or otherwise, required to create and complete the project, and
to supply them in a timely manner.
Design Project Completion
Viscom Studios considers the design project complete upon receipt of the customer's
signed Approval form. Other services such as printing, display panel production,
film work, 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, Viscom Studios will provide the customer with
the opportunity to review the resulting work. Viscom Studios 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 Viscom Studios by e-mail or fax and confirmed by post.
Viscom Studios 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
Viscom Studios does not offer in-house hosting services but on occasion may
make use of virtual space on a third party server. Viscom Studios can only
suggest possible sub-contractors and does not guarantee continuous service
and will accept no liability for loss of service, whatever the cause. Viscom
Studios may request that clients change the type of hosting account used if
that account is deemed by Viscom Studios to be unacceptable because of poor
service, lack of bandwidth or in any other way insufficient to support the
website. Fees due to the hosting organisation are the responsibility of the
client and Viscom Studios are not liable for their payment.
Domain Registration
Viscom Studios cannot guarantee the availability of any domain name. Where
Viscom Studios 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, Viscom Studios 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 Viscom Studios to place a small credit on printed
material exhibition displays, advertisements and/or a link to Viscom Studios'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 Viscom Studios to place websites and other designs, along
with a link to the client's site on Viscom Studios's own website for demonstration
purposes and to use any designs in its own publicity.
Rights of Refusal
Viscom Studios 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. Viscom Studios also reserves the right to refuse to
include submitted material without giving reason. Any images and/or data that
Viscom Studios does include in all good faith, and then finds out that it
contravenes these Terms and Conditions, the customer is obliged to allow Viscom
Studios to remove the contravention without hindrance, or penalty. Viscom
Studios 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, Viscom Studios 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 Viscom Studios within 14 days of such instruction
being issued, will be liable for the full quoted cost of the project.
Disclaimer
Viscom Studios makes no warranties of any kind, express or implied, for any
and all products and/or services that it supplies. Viscom Studios will not
be held responsible for any and all damages resulting from products and/or
services it supplies. Viscom Studios 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 Viscom Studios responsible for any such loss or damage. Any claim
against Viscom Studios shall be Limited to the relevant fee(s) paid by the
customer.
Viscom Studios 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. Viscom Studios will not knowingly perform any
actions to contravene these and the client also agrees to be so bound.
Viscom Studios and its clients agree to comply with Printers Terms and Conditions
which may include disclaimers for non-completion on time and the flexibility
to supply quantities within 10% of the total ordered. Viscom Studios recommend
that if an exact quantity is required, then 10% extra be 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. Viscom Studios 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
Viscom Studios 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 Viscom Studios.
