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Graphic Design Terms and Conditions
Graphic Design Terms and Conditions
Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by Rich Tec Computer Consultants and in the event of any dispute are governed by the laws of Jamaica.
All work is carried out by Rich Tec Computer Consultants on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Rich Tec Computer Consultants 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 designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the agreement. All other designs remain the property of Rich Tec Computer Consultants unless specifically agreed in writing.
At the time of the proposal, Rich Tec Computer Consultants will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Rich Tec Computer Consultants website.
A copy of the estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Rich Tec Computer Consultants.
Alternatively, the client may send an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the Rich Tec Computer Consultants Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Charges for design services to be provided by Rich Tec Computer Consultants 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 payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to, PSD, AI, file or other source files or raw code; if the Client requires these files for transfer to an in-house or other designers, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The customer will be provided with an Approval Form or Proof Email, and an 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 or signify approval by email to Rich Tec Computer Consultants.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts that remain outstanding for 30 days after the date of invoice will incur a late payment interest charge of 20% of the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card and thrid party POS (MoneyGram, etc).
Publication and/or release of work done by Rich Tec Computer Consultants on behalf of the client, may not take place before cleared funds have been received.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Rich Tec Computer Consultants shall be entitled to remove Rich Tec Computer Consultant‘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.
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 all Rich Tec Computer Consultant‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images, and other data to Rich Tec Computer Consultants for inclusion in the customer’s website or other media, 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 Rich Tec Computer Consultants on behalf of the customer, will remain the property of Rich Tec Computer Consultants and/or its suppliers unless otherwise agreed in writing. A license for use of the copyrighted material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from Rich Tec Computer Consultants, the necessary permission to use materials (for which Rich Tec Computer Consultants holds the copyright) in forms other than for which it was originally supplied, and Rich Tec Computer Consultants may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin, or other third party material used in a web or digital project remains the property of the creator, and any ongoing license fees or fees for upgrades are the responsibility of the client, not Rich Tec Computer Consultants.
By supplying images, text, or any other data to Rich Tec Computer Consultants, the customer grants Rich Tec Computer Consultants permission to use this material freely in the pursuit of the design.
Should Rich Tec Computer Consultants 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 Rich Tec Computer Consultants to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Rich Tec Computer Consultants free from harm in any and all claims resulting from the customer not having obtained all the required copyright, and/or any other necessary permission.
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that Rich Tec Computer Consultants holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea, or code created for the customer by Rich Tec Computer Consultants, 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 wrote consent of Rich Tec Computer Consultants and any of its relevant sub-contractors.
All design work – where there is a risk that another party makes 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.
Rich Tec Computer Consultants will not be held responsible for any and all damages resulting from such claims.
Rich Tec Computer Consultants is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Rich Tec Computer Consultants responsible for any such loss or damage.
Any claim against Rich Tec Computer Consultants shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Rich Tec Computer Consultant’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Rich Tec Computer Consultants in electronic format as standard text (.txt), MS Word (.docx), or via e-mail / FTP or shared folder.
Images that are supplied in an electronic format are to be provided in a format as prescribed by Rich Tec Computer Consultants via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Glazier Design will not be held responsible for any image quality which the client later deems to be unacceptable.
Rich Tec Computer Consultants 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, color correction, and alteration of images.
Design Project Duration
Any indication given by Rich Tec Computer Consultants of a design project’s duration is to be considered by the customer to be estimated. Rich Tec Computer Consultants 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 Rich Tec Computer Consultants for the initial payment or by the date confirmed in writing by Rich Tec Computer Consultants.
Rights of Access for Website Construction
The client agrees to allow Rich Tec Computer Consultants 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 Rich Tec Computer Consultants 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 Rich Tec Computer Consultants 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
Rich Tec Computer Consultants considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as printing, display panel production, film work, website uploading, publishing, etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website design only
Rich Tec Computer Consultants requires 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, colors, structure, or content that requires changes to the template will incur an additional charge.
Once web design is complete, Rich Tec Computer Consultants will provide the customer with the opportunity to review the resulting work. Rich Tec Computer Consultants 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 the placement of items on the page. It does not include changes to images, color schemes, or any navigation features. Any minor changes can be notified to Rich Tec Computer Consultants by e-mail.
RICH TEC COMPUTER CONSULTANTS 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.
The customer agrees to allow Rich Tec Computer Consultants to place a small credit on printed material exhibition displays, advertisements, and/or a link to Rich Tec Computer Consultants' 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 Rich Tec Computer Consultants to place websites and other designs, along with a link to the client’s site on Rich Tec Computer Consultant’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Rich Tec Computer Consultants will not include in its designs, any text, images, or other data that 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. Rich Tec Computer Consultants also reserves the right to refuse to include submitted material without giving a reason. In the situation where any images and/or data that Rich Tec Computer Consultants does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Rich Tec Computer Consultants to remove the contravention without hindrance, or penalty. Rich Tec Computer Consultants 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. 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 Glazier Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Rich Tec Computer Consultants makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Rich Tec Computer Consultants will not be held responsible for any and all damages resulting from products and/or services it supplies. Rich Tec Computer Consultants 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 Rich Tec Computer Consultants responsible for any such loss or damage. Any claim against Rich Tec Computer Consultants shall be limited to the relevant fee(s) paid by the customer.
Rich Tec Computer Consultants 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. Rich Tec Computer Consultants will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Rich Tec Computer Consultants 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. Rich Tec Computer Consultants recommends 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.
Designs are saved up to a period of 6 months.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Rich Tec Computer Consultants 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 Rich Tec Computer Consultants, by email, verbally, or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.richtec.org/terms-and-conditions.
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms an Agreement for Business between the signatory and Rich Tec Computer Consultants.