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Creative Wisdom Ltd Terms and Conditions
The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Creative Wisdom Ltd.
All design work is carried out by Creative Wisdom Ltd on the understanding that the client has agreed to abide by Creative Wisdom Ltd’s terms and conditions.
Copyright of all graphic design work is retained by Creative Wisdom Ltd including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by Creative Wisdom Ltd as fulfilling the contract. All other artwork designs remain the property of Creative Wisdom Ltd, unless agreed in writing.
At the time of proposal, Creative Wisdom Ltd will provide the customer with a written estimate or quotation by post or email as requested.
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 Creative Wisdom Ltd by email or post. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Creative Wisdom Ltd’s terms and conditions. No work on a project will commence until either document has been received by Creative Wisdom Ltd.
Fees for design services to be provided by Creative Wisdom Ltd, 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 on projects worth over £500.00. Work on the project will not commence until Creative Wisdom Ltd has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design, will be made known to the client. They will become fully payable at the time of project acceptance.
The client will be asked to provided artwork sign off before being issued with an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charge of 8% plus the Bank of England base rate per month of the outstanding amount.
Payments may be made by Bacs, cheque, or previously agreed electronic funds transfer.
Returned cheques will incur an additional fee of £50 per returned cheque. Creative Wisdom Ltd 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 30 days from the date of invoice, or following a returned cheque. Creative Wisdom Ltd shall be considered entitled to remove Creative Wisdom Ltd’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 Creative Wisdom Ltd 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 Creative Wisdom Ltd for inclusion in the customer’s brochure 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 Creative Wisdom Ltd on behalf of the customer, will remain the property of Creative Wisdom Ltd and/or it’s suppliers, in which full copyright will be passed to the client upon receipt of full payment.
By supplying images, text, or any other data to Creative Wisdom Ltd, the customer grants Creative Wisdom Ltd permission to use this material freely in the pursuit of the design and to utilise the designs in Creative Wisdom Ltd’s portfolio unless agreed otherwise.
Should Creative Wisdom Ltd, 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 Creative Wisdom Ltd to remove and/or replace the file.
The customer agrees to fully indemnify and hold Creative Wisdom Ltd 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.
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 Creative Wisdom Ltd 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 Creative Wisdom Ltd, 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 Creative Wisdom Ltd and any of it’s relevant sub-contractors.
All design work where there is a risk that another party may 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. Creative Wisdom Ltd will not be held responsible for any and all damages resulting from such claims. Creative Wisdom Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Creative Wisdom Ltd responsible for any such loss or damage. Any claim against Creative Wisdom Ltd shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Creative Wisdom Ltd’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Creative Wisdom Ltd in electronic format as standard text (.txt), MS Word (.doc) on CD, USB data stick, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Creative Wisdom Ltd via CD, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Creative Wisdom Ltd will not be held responsible for any image quality which the client later deems to be unacceptable. Creative Wisdom Ltd 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 Creative Wisdom Ltd of a design project’s duration is to be considered by the customer to be an estimation. Creative Wisdom Ltd cannot be held responsible for any project over-runs, whatever the cause.
Design Project Completion
Creative Wisdom Ltd considers the design project complete upon receipt of the customer’s sign off. 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
The Client is liable to pay Creative Wisdom Ltd for any domain name registrations and the initial set-up of the hosting if included as part of the website build.
Any support relating to the domain name, hosting and email services are between the Client and the third-party service.
Any other domain name and hosting services or costs not included by Creative Wisdom Ltd, including but not limited to further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrades, extra disk space, bandwidth and any other related or hidden charges, are to be paid by the Client to the third party services. The Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services. The Client agrees that if at any time their contact details, including email address, change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain name and hosting services are not received by the Client. The Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless Creative Wisdom Ltd from any claim resulting from the Clients publication of material and use of the domain name, hosting and email services.
Creative Wisdom Ltd reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.
The Client agrees that a web page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of web code by Internet browser software. The Developer agrees to try to match the design as closely as is possible when building the code. During a website project, it is important that the Client communicates information to Creative Wisdom Ltd to achieve the required result.
Creative Wisdom Ltd endeavours to create pages that are accessible to search engines. However, Creative Wisdom Ltd gives no guarantee that the site will become listed with search engines.
If an error or issue with the design or code arises during the development phase of the project, which does not allow the design or code to match the original specification, then the Client agrees that Creative Wisdom Ltd can apply the nearest available alternative solution. Once a site is live (or the site is ready to go live and merely requires the customer to add content) the project is deemed to be complete. The client has 1 month in which to provide evidence of errors caused by Creative Wisdom Ltd, these will be reviewed and if errors are genuinely caused by Creative Wisdom Ltd they will be put right. If errors are caused by the client (i.e. during the use of the Content Management System) then steps taken to remedy errors will be chargeable.
Creative Wisdom Ltd at all times applies reasonable skill and care in the provision of services.
On request, Creative Wisdom Ltd can create a copy of the website to be sent to the Client on project completion. A small charge will be made to cover the cost of this unless quoted otherwise.
After site completion, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. Notification MUST be given to Creative Wisdom Ltd. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the Client or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, then Creative Wisdom Ltd reserves the right to quote for work to repair the website.
It may also be that the Client will need to pay for any subscriptions or licences for any software on the website.
Creative Wisdom Ltd reserves the right to assign subcontractors in whole or as part of a project if needed.
Creative Wisdom Ltd will keep a copy of the site and design source files when a website project is being worked on. However, the Client agrees that it is their responsibility to have regular backups made by themselves or the third party hosting services in case of a software or hardware failure at the third party hosting servers.
Creative Wisdom Ltd is in no way responsible for the date on the client’s website.
Creative Wisdom Ltd tests sites and templates at time of sale. Should the Client request that Creative Wisdom Ltd alters the site or templates to meet specific WAI accessibility guidelines, or guidelines introduced after the site or templates were sold to the Client, Creative Wisdom Ltd reserves the right to quote separately for any additional work needed. If the Client uses WordPress (and WooCommerce) Themes or Modules, or other CMS systems that are not built by Creative Wisdom Ltd, the overall page may not meet WAI accessibility standards to Level A conformance.
Creative Wisdom Ltd tests sites and templates to ensure they comply with W3C CSS standards as they are at the time of sale. Should updated W3C CSS guidelines be introduced after the site or templates were sold to the Client, Creative Wisdom Ltd reserves the right to quote separately for any additional work needed. If the Client uses WordPress (and WooCommerce) Themes or Modules, or other CMS systems that are not built by Creative Wisdom Ltd, the overall page may not meet W3C CSS standards.
Creative Wisdom Ltd shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the standard development platform, which includes recent versions of the main browsers, Google Chrome, Internet Explorer and Mozilla Firefox. The Client agrees that Creative Wisdom Ltd cannot guarantee correct functionality with all browser software across different operating systems and devices.
The Client agrees that, following the handover of files, any updated software versions of the browsers detailed in the standard development platform, including the browsers Google Chrome, Internet Explorer and Mozilla Firefox, domain name set-up changes or hosting set-up changes thereafter may affect the functionality and display of their website. As such, Creative Wisdom Ltd reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software, domain name or hosting changes.
The Client agrees that more advanced applications on a website page may require a newer browser version, theme, or plug-in. Creative Wisdom Ltd reserves the right to quote for any work involved in changing the website design or website code to rectify themes or plug-ins no longer supported.
Once web design is complete, Creative Wisdom Ltd will provide the customer with the opportunity to review the resulting work. Creative Wisdom Ltd 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 Creative Wisdom Ltd by email or post.
Creative Wisdom Ltd 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.
Creative Wisdom Ltd offers a limited hosting service through an out-sourced server. Creative Wisdom Ltd does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Creative Wisdom Ltd may request that clients change the type of hosting account used if that account is deemed by Creative Wisdom Ltd to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for Creative Wisdom Ltd’s hosting service 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 Creative Wisdom Ltd are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
Duration and Renewal of Hosting Services
Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in writing will automatically be renewed for the billing period chosen on sign up. You are entitled to cancel the Services by contacting Creative Wisdom Ltd no less than 3 months prior to the renewal date for your Services.
The customer agrees to allow Creative Wisdom Ltd to place a small credit on printed material, exhibition displays, advertisements and/or a link to Creative Wisdom Ltd’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 Creative Wisdom Ltd to place all designs on Creative Wisdom Ltd’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
Creative Wisdom Ltd 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. Creative Wisdom Ltd also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Creative Wisdom Ltd does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Creative Wisdom Ltd to remove the contravention without hindrance, or penalty. Creative Wisdom Ltd 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 email, however, following this, Creative Wisdom Ltd 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 Creative Wisdom Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Creative Wisdom Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Creative Wisdom Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. Creative Wisdom Ltd 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 Creative Wisdom Ltd responsible for any such loss or damage. Any claim against Creative Wisdom Ltd shall be limited to the relevant fee(s) paid by the customer.
Creative Wisdom Ltd 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. Creative Wisdom Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Creative Wisdom Ltd 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. Creative Wisdom Ltd 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. Creative Wisdom Ltd 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 Creative Wisdom Ltd and validated by the customer’s signature on the estimate or quotation, 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 Creative Wisdom Ltd.