intelligent graphic design for print and screen

Terms and conditions


All work is carried out by TBK Design Group (hereinafter referred to as TBK) on the understanding that the client has agreed to TBK's terms and conditions. The following Terms and Conditions relate to all products and services supplied by TBK.

Copyright
Ownership of the copyright in respect of the medium or mediums commissioned on any completed and approved design concept is transferred to the client at the time of final payment in full. TBK Design Group retain the right to use reproductions of the designs on its website and promotional materials unless a NDA was signed before the commencement of the design commission.

If a choice of design is presented, only one solution is deemed to be given by TBK as fulfilling the contract. All other designs remain the property of TBK, unless agreed in writing that this arrangement has been changed.

The customer may request in writing from TBK, the necessary permission to use materials (for which TBK holds the copyright) in forms other than for which it was originally supplied, and TBK 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.

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 Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge.

Conceptual design work
It is TBK Design Group's policy to charge for conceptual design work undertaken for evaluation against other agencies. All design work is charged at our agreed hourly rates. Any material costs will be agreed with the client before any purchase is made.

Project Acceptance
At the time of proposal, TBK will provide the customer with a written estimate. The Terms and Conditions can be read on the TBK website. Before work on any project commences the client must acknowledge the acceptance of the estimate in writing and in doing so agrees to be bound to TBK's Terms and Conditions.

Design Charges
Charges for design services to be provided by TBK will be set out in the written estimate that is provided to the customer. At the time of the customer's signed acceptance of the estimate we may require a non-refundable deposit of up to 50% of the design which fee will become immediately due. In these circumstances work on the project will not commence until TBK 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
The customer will be provided with an Approval Form and Invoice prior to final 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 TBK. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.

Payments may be made by online transfer, cheque, credit card or Debit Card (via PayPal account).
Publication and/or release of work done by TBK 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. TBK 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. TBK shall be considered entitled to remove TBK 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 TBK reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks
Any text, images or other data supplied to TBK by the client or third parties for inclusion in any medium the client 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. By supplying images, text, or any other data to TBK, the customer grants TBK permission to use this material freely in the pursuit of the design.

Should TBK, 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 TBK to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold TBK 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 TBK 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 TBK, 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 TBK 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. TBK will not be held responsible for any and all damages resulting from such claims. TBK is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold TBK responsible for any such loss or damage. Any claim against TBK shall be limited to the relevant fee(s) paid by the customer.

Data Formats
The client agrees to TBK’s definition of acceptable means of supplying data to the company.
Text is to be supplied to TBK in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail / FTP.

Images which are supplied in an electronic format are to be provided in a format as prescribed by TBK via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and TBK will not be held responsible for any image quality which the client later deems to be unacceptable. TBK 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, colour correction and alteration of images.

Design Project Duration
Any indication given by TBK of a design project's duration is to be considered by the customer to be an estimation. TBK 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 TBK  for the initial payment or by date confirmed in writing by TBK.

Rights of Access for Website Construction
The client agrees to allow TBK 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 TBK 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 TBK 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
TBK considers the design project complete upon receipt of the customer's signed Approval form. 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.

Website design only
TBK require that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.

Once web design is complete, TBK will provide the customer with the opportunity to review the resulting work. TBK 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 TBK by e-mail or fax and confirmed by post.

TBK 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
TBK offers a limited in-house hosting services through an out-sourced virtual server. TBK does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. TBK may request that clients change the type of hosting account used if that account is deemed by TBK to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on TBK’s virtual server are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and TBK are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.

Domain Registration
TBK cannot guarantee the availability of any domain name. Where TBK 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, TBK 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. TBK recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.

Web Security
TBK Design Group take all reasonable precautions and use systems that greatly reduce the threat of data compromise. Where there are particular concerns over the integrity of the data an agreed secure third party data storage system will be implemented.

Data Protection Act
TBK Design Group use all collected data in accordance with the Data Protection Act 1998. The information we hold about clients and their clients remains at all times confidential and is available for inspection with written notice.

Design Credits
The customer agrees to allow TBK to place a small credit on printed material exhibition displays, advertisements and/or a link to TBK 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 TBK to place websites and other designs, along with a link to the client's site on TBK own website for demonstration purposes and to use any designs in its own publicity and portfolios.

Rights of Refusal
TBK 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. TBK also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that TBK does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow TBK to remove the contravention without hindrance, or penalty. TBK 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, TBK 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 TBK within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer
TBK makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. TBK will not be held responsible for any and all damages resulting from products and/or services it supplies. TBK 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 TBK responsible for any such loss or damage. Any claim against TBK shall be limited to the relevant fee(s) paid by the customer.

TBK 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. TBK will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

TBK 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. TBK 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. TBK reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation. The placement of an order for design and/or any other services offered by TBK, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.tbkdesign.co.uk. 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 TBK.

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I suppose this is what happens when you don't read the indentured servant clause of the terms of use...

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