The following Terms and Conditions of Service apply to all products and services provided by Etcetera Etcetera Etcetera Ltd (hereinafter referred to as ETCX3).
All work is carried out by ETCX3 on the understanding that the client has agreed to ETCX3’s terms and conditions.
Copyright is retained by ETCX3 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 ETCX3 as fulfilling the contract. All other designs remain the property of ETCX3, unless agreed in writing that this arrangement has been changed.
At the time of proposal, ETCX3 will provide the client with a written estimate or quotation. The Terms and Conditions can be read on the ETCX3 website.
A copy of the written estimate or quotation is to be signed and dated by the client to indicate acceptance and should be returned to ETCX3. Alternatively, the client may send an official order in reply to the estimate/quotation, or an email acknowledging acceptance of the quotation, which binds the client to accept ETCX3’s Terms and Conditions. No work on a project will commence until acceptance of the quotation has been received by ETCX3.
Charges for design services to be provided by ETCX3 will be set out in the written estimate/quotation that is provided to the client. At the time of the client’s signed acceptance of this estimate/quotation, indicating acceptance of the Terms and Conditions, a non-refundable deposit of 30% of the quoted fee will become immediately due. Work on the project will not commence until ETCX3 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/quotation acceptance.
The client 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 client will also be required to sign and return the Approval Form to ETCX3. Accounts that 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 electronic transfer or by cheque if previously agreed. Publication and/or release of work done by ETCX3 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. ETCX3 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. ETCX3 shall be considered entitled to remove ETCX3 and/or the client’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 client of its obligation to pay the due amount. Clients whose accounts become default agree to pay ETCX3 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 ETCX3 for inclusion in the Client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by ETCX3 on behalf of the client, will remain the property of ETCX3 and/or its suppliers.
The client may request in writing from ETCX3, the necessary permission to use materials (for which ETCX3 holds the copyright) in forms other than for which it was originally supplied, and ETCX3 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 ETCX3, the customer grants ETCX3 permission to use this material freely in the pursuit of the design.
Should ETCX3 or the client 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 client will agree to allow ETCX3 to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold ETCX3 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 client 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 client also agrees that ETCX3 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 client by ETCX3, 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 ETCX3 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. ETCX3 will not be held responsible for any and all damages resulting from such claims. ETCX3 is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold ETCX3 responsible for any such loss or damage. Any claim against ETCX3 shall be limited to the relevant fee(s) paid by the client.
The client agrees to ETCX3’s definition of acceptable means of supplying data to the company.
Text is to be supplied to ETCX3 in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail / FTP.
Images that are supplied in an electronic format are to be provided in a format as prescribed by ETCX3 via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and ETCX3 will not be held responsible for any image quality that the client later deems to be unacceptable. ETCX3 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, colour correction and alteration of images.
Design Project Duration
Any indication given by ETCX3 of a design project’s duration is to be considered by the customer to be an estimation. ETCX3 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 ETCX3 for the initial payment or by the date confirmed in writing by ETCX3.
Rights of Access for Website Construction
The client agrees to allow ETCX3 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 client also agrees to allow ETCX3 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 client agrees to supply ETCX3 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
ETCX3 considers the design project complete upon receipt of the client’s signed Approval form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website design only
ETCX3 require that a template is approved by the client 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, ETCX3 will provide the client with the opportunity to review the resulting work. ETCX3 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 ETCX3 by e-mail, fax or by post.
ETCX3 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.
ETCX3 offers limited in-house hosting services through an out-sourced virtual server. ETCX3 does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. ETCX3 may request that clients change the type of hosting account used if that account is deemed by ETCX3 to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on ETCX3’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 ETCX3 is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer/domain owner.
ETCX3 cannot guarantee the availability of any domain name. Where ETCX3 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, ETCX3 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. ETCX3 recommend that clients use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
The client agrees to allow ETCX3 to place a small credit on printed material exhibition displays, advertisements and/or a link to ETCX3 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 client also agrees to allow ETCX3 to place websites and other designs along with a link to the client’s site on ETCX3 own website for demonstration purposes, and to use any designs in its own publicity and portfolios.
Rights of Refusal
ETCX3 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. ETCX3 also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that ETCX3 does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow ETCX3 to remove the contravention without hindrance or penalty. ETCX3 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 ETCX3 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 made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation not formally confirmed in writing and received by ETCX3 within 14 days of such instruction being issued will be liable for the full quoted cost of the project.
ETCX3 makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. ETCX3 will not be held responsible for any and all damages resulting from products and/or services it supplies. ETCX3 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 client agrees not to hold ETCX3 responsible for any such loss or damage. Any claim against ETCX3 shall be limited to the relevant fee(s) paid by the customer.
ETCX3 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. ETCX3 will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
ETCX3 and its clients agree to comply with Printers’ Terms and Conditions that include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. ETCX3 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. ETCX3 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 ETCX3 and validated by the customer’s signature on the estimate or quotation form, constitutes acceptance of the estimate/quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and ETCX3.
© Etcetera Etcetera Etcetera Limited