logo design : website & e-media : design for print : corporate identity : print management : artwork
No-one likes small print
but it's there for your benefit as much as mine.
The following Terms and Conditions of Service apply to all services provided by Silver Lining Graphics (SLG)
All work is carried out by SLG on the understanding that the client has agreed to SLG’s terms and conditions.
Copyright on all design work is retained by SLG (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 SLG as fulfilling the contract. All other designs remain the property of SLG.
At the time of proposal, SLG 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 SLG. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept SLG’s terms and conditions. No work on a project will commence until either document has been received by SLG.
Charges for design services to be provided by SLG 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 SLG has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable at the next invoice stage
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 SLG. Invoices are payable 14 days after receipt. Payments may be made by cheque or electronic funds transfer. Publication and/or release of work done by SLG 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. SLG 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 14 days from the date of invoice, or following a returned cheque. SLG shall be considered entitled to remove SLG’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 SLG 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 SLG 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 SLG on behalf of the customer, will remain the property of SLG and/or it's suppliers. The customer may request in writing from SLG, the necessary permission to use materials (for which SLG holds the copyright) in forms other than for which it was originally supplied, and SLG 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. By supplying images, text, or any other data to SLG, the customer grants SLG permission to use this material freely in the pursuit of the design. Should SLG, 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 SLG to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold SLG 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 SLG holds no responsibility for any amendments made by any third party, before or after a design is published.
Note: All 'native' files used to create artwork websites or to fulfill a project remain property of SLG unless agreed in advance and in writing at project outset. These may be released entirely at discretion of SLG and on payment of an agreed release fee. There are NO exceptions to this.
Any design, copywriting, drawing, idea or code created for the customer by SLG, 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 SLG and any of it's 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. SLG will not be held responsible for any and all damages resulting from such claims. SLG is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold SLG responsible for any such loss or damage. Any claim against SLG shall be limited to the relevant fee(s) paid by the customer.
The client agrees to SLG's definition of acceptable means of supplying data to the company. Text is to be supplied to SLG in electronic format as standard text (.txt), MS Word (.doc) on floppy disc, or CD-ROM, or via e-mail. Images which are supplied in an electronic format, are to be provided in a format as prescribed by SLG via floppy disc, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and SLG will not be held responsible for any image quality which the client later deems to be unacceptable. SLG 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 SLG of a design project's duration is to be considered by the customer to be an estimation. SLG 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 SLG for the initial payment or by date confirmed in writing by SLG.
Rights of Access for Website Construction
The client agrees to allow SLG 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 SLG 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 SLG 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
SLG 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
Once web design is complete, SLG will provide the customer with the opportunity to review the resulting work. SLG 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 SLG by e-mail or fax and confirmed by post. SLG 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.
SLG does not guarantee continuous service and will accept no liability for loss of service provided by sub-contractors, whatever the cause. SLG may request that clients change the type of hosting account used if that account is deemed by SLG 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 SLG are not liable for their payment.
SLG cannot guarantee the availability of any domain name. Where SLG 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, SLG 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.
The customer agrees to allow SLG to place a small credit on printed material exhibition displays, advertisements and/or a link to SLG'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 SLG to place websites and other designs, along with a link to the client's site on SLG's own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
SLG 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. SLG also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that SLG does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow SLG to remove the contravention without hindrance, or penalty. SLG 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, SLG 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 14 days. Please note: any cancellation which is not formally confirmed in writing and received by SLG within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
SLG makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. SLG will not be held responsible for any and all damages resulting from products and/or services it supplies. SLG 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 SLG responsible for any such loss or damage. Any claim against SLG shall be limited to the relevant fee(s) paid by the customer. SLG 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. SLG will not knowingly perform any actions to contravene these and the client also agrees to be so bound. SLG 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. SLG 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. SLG 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 SLG and validated by the customer's signature on the estimate or quotation form or email confirmation, 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 SLG.
© Copyright : Silver Lining Graphics
Website designed, built and maintained by Silver Lining Graphics
Silver Lining Graphics
33 The Leys • Bidford on Avon • Alcester • Warwickshire • B50 4DN
VAT Registration Number: 158 1263 11
t: 07941 872298