Terms & Conditions...
Terms and Conditions
The following Terms and Conditions of Service apply to all products and services provided by Lynchmob Design. All work is carried out by Lynchmob Design on the understanding that the client has agreed to Lynchmob Design’s terms and conditions. Copyright is retained by Lynchmob Design 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 Lynchmob Design as fulfilling the contract. All other designs remain the property of Lynchmob Design, unless agreed in writing that this arrangement has been changed.
At the time of proposal, Lynchmob Design 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 Lynchmob Design. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Forms terms and conditions. A return email with the estimate attached with explicit language accepting the contract will also suffice. No work on a project will commence until confirmation has been received by Lynchmob Design.
Charges for design services to be provided by Lynchmob Design, will be set out in the written estimate or quotation that is provided to the customer. Work on the project will not commence until Lynchmob Design has received the agreed 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.
Payments may be made by, cheque, online bank transfer or (for overseas customers), Euro International Money Order or previously agreed electronic funds transfer.
Publication and/or release of work done by Lynchmob Design 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 90 days from the date of invoice, or following a returned cheque. Lynchmob Design shall be considered entitled to remove Lynchmob Design 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 its obligation to pay the due amount. Customers whose accounts become default agree to pay Lynchmob Design 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 Lynchmob Design 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 Lynchmob Design on behalf of the customer, will remain the property of Lynchmob Design and/or its suppliers. The customer may request in writing from Lynchmob Design, the necessary permission to use materials (for which Lynchmob Design holds the copyright) in forms other than for which it was originally supplied, and Lynchmob Design 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 Lynchmob Design, the customer grants Lynchmob Design permission to use this material freely in the pursuit of the design. Should Lynchmob Design, 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 Lynchmob Design to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Lynchmob Design 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 permission.
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 Lynchmob Design 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 Lynchmob Design, 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 Lynchmob Design 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. Lynchmob Design will not be held responsible for any and all damages resulting from such claims. Lynchmob Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Lynchmob Design responsible for any such loss or damage. Any claim against Lynchmob Design shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Lynchmob Design definition of acceptable means of supplying data to the company.
Text is to be supplied to Lynchmob Design in electronic format as standard text (.txt), pdf, jpeg , MS Word on CD-ROM, or via e-mail. Images which are supplied in an electronic format are to be provided in a format as prescribed by Lynchmob Design via CD-ROM, or e-mail.
Images must be of a quality suitable for use without any subsequent image processing, and Lynchmob Design will not be held responsible for any image quality which the client later deems to be unacceptable. Lynchmob Design 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 Lynchmob Design of a design project’s duration is to be considered by the customer to be an estimation. Lynchmob Design 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 Lynchmob Design for the initial payment or by date confirmed in writing by Lynchmob Design.
Rights of Access for Website Construction
The client agrees to allow Lynchmob Design 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 Lynchmob Design 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 Lynchmob Design 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
Lynchmob Design considers the design project complete upon receipt of the customer’s signed Approval form. 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
Once web design is complete, Lynchmob Design will provide the customer with the opportunity to review the resulting work. Lynchmob Design 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 Lynchmob Design by e-mail or fax.
Lynchmob Design 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.
Rights of Refusal
Lynchmob Design 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. Lynchmob Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Lynchmob Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Lynchmob Design to remove the contravention without hindrance, or penalty. Lynchmob Design 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, Lynchmob Design 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 Lynchmob Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Lynchmob Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Lynchmob Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Lynchmob Design 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 Lynchmob Design responsible for any such loss or damage. Any claim against Lynchmob Design shall be limited to the relevant fee(s) paid by the customer.
Lynchmob Design 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. Lynchmob Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Lynchmob Design 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. Lynchmob Design 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.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Lynchmob Design 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 Lynchmob Design and validated by the customer’s signature or an reply email from the customer on the estimate or quotation form, 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 Lynchmob Design.
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