The following Terms and Conditions of Service apply to all products and services provided by Designer Code.
All work is carried out by Designer Code on the understanding that the client has agreed to Designer Code 's terms and conditions.
Copyright is retained by Designer Code 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 DESIGNER CODE as fulfilling the contract. All other designs remain the property of DESIGNER CODE, unless agreed in writing that this arrangement has been changed.
Project Acceptance
At the time of proposal, Designer Code will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Designer Code website.
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 Designer Code. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Designer Code' terms and conditions. No work on a project will commence until either document has been received by Designer Code.
Design Charges
Charges for design services to be provided by Designer Code, 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 Designer Code 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.
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.
IMPORTANT! Failure to Provide Required Materials & alterations:
Due to a heavy scheduled Designer Code must ensure that all projects are carried out on time to provide quality service to Designer Codes clientele. Designer Code may have to reject other proposals and enquiries to ensure that our clients products are completed at a arranged deadline.
If you agree to provide us with the required information and subsequently fail to do within 14 days of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Further penalties will be applied to accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 20% per month of the outstanding amount.
Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
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 Designer Code. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 20% per month of the outstanding amount.
Payments may be made by electronic funds transfer cash, or (for overseas customers). International bank transfer. Publication and/or release of work done by Designer Code on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of $70 per returned cheque. Designer Code reserves the right to consider an account to be in default in the event of a returned cheque.
Credit Card Payments: Credit card payments can also be accepted via our Paypal electronic invoice system. These are subject to a 3.5% surcharge. (Full payment is required in advance if paying by credit card).
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Designer Code shall be considered entitled to remove Designer Code' 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 charges 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 Designer Code 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 Designer Code 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 Designer Code on behalf of the customer, will remain the property of Designer Code and/or it's suppliers.
The customer may request in writing from Designer Code, the necessary permission to use materials (for which Designer Code holds the copyright) in forms other than for which it was originally supplied, and Designer Code 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 Designer Code, the customer grants Designer Code permission to use this material freely in the pursuit of the design.
Should Designer Code, or the customer supply an image, text, 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 Designer Code to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Designer Code 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.