Terms and Conditions (“Terms”)

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://graphicdesigncork.ie website (the “Service”) operated by Webcreative Graphic Design Studio (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

The following Terms and Conditions apply to all products and services. All work is carried out by Webcreative on the understanding that the client has agreed to our terms and conditions.

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Webcreative reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Purshase design and printing services

Webcreative will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Webcreative Graphic Design Studio 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 Webcreative.

Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our Terms and Conditions.

For the avoidance of doubt, the Webcreative Terms & Conditions are what govern the job, not any conditions on the customer.

Design Charges

Charges for design and printing services to be provided by Webcreative 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 and printing 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, unless agreed otherwise with the Client.

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.

Design Project Duration

Any indication given by Webcreative of a design project’s duration is to be considered by the customer to be an estimation. Webcreative 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 Webcreative for the initial payment.

Used files and data Formats

The client agrees to Webcreative’s definition of acceptable means of supplying data and files to the company.

Text is to be supplied to Webcreative in electronic format as standard text (.txt), MS Word (.docx)  or via e-mail / FTP or shared folder.

Images which are supplied in an electronic format are to be provided in a format as prescribed by Webcreative via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Webcreative will not be held responsible for any image quality which the client later deems to be unacceptable.

Webcreative 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, colour correction and alteration of images.

Data Copyrights and Trademarks

By supplying text, images and other data to Webcreative 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.

By supplying images, text, or any other data to Webcreative, the customer grants Webcreative permission to use this material freely in the pursuit of the design.

Should Webcreative, 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 Webcreative to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold Webcreative 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.

Project Acceptance

As soon as the design accepted by the Client, project quotation total will be due and the work will be uploaded to the server or materials will be released.

Source Files

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 indd, psd, ai, or other source files or raw code. If the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.

Design Copyright

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 contract. All other designs remain the property of Webcreative, unless specifically agreed in writing.

Copyright is retained by Webcreative on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. A licence for use of the copyright 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 Webcreative, the necessary permission to use materials (for which Webcreative holds the copyright) in forms other than for which it was originally supplied, and Webcreative 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 licence fees or fees for upgrades are the responsibility of the client, not Webcreative.

Design Credits

The customer agrees to allow Webcreative to place a small credit on printed material exhibition displays, advertisements and/or a link to Webcreative 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 Webcreative to place websites and other designs, along with a link to the client’s site on Webcreative own website for demonstration purposes and to use any designs in its own publicity and portfolios.

Payment

The customer will be provided with an “Deposit invoice” with the payment due and balance and a Final Invoice” with the remaining amount prior to final publication.

Any invoice queries must be submitted by email within 14 days of the invoice date.

Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card. Payments made by cheque must be previously. Returned cheques will incur an additional fee of €50 per returned cheque.

Publication and/or release of work done by Webcreative on behalf of the client, may not take place before cleared funds have been received.

Unpaid designs/materials

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Webcreative shall be entitled to remove Webcreative ‘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 its obligation to pay the due amount.

Customers whose accounts become default agree to pay all Webcreative ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.

 Alterations

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 Webcreative holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by Webcreative, 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 Webcreative 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.

Webcreative will not be held responsible for any and all damages resulting from such claims.

Webcreative is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Webcreative responsible for any such loss or damage.

Any claim against Webcreative shall be limited to the relevant fee(s) paid by the customer.

Rights of Access for Website Construction

The client agrees to allow Webcreative 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 Webcreative 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 Webcreative with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Website Design Project Completion

Webcreative believes that the design project is complete when it is working properly and contains all the features, funcions and data that are listed in the quote. Additional services should be treated as a separate order and paid separate charge.

Website design only

Once web design is complete, Webcreative will provide the customer with the opportunity to review the resulting work. Webcreative 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 the website frame.

Webcreative 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

Webcreative 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. Webcreative also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Webcreative does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Webcreative to remove the contravention without hindrance, or penalty. Webcreative is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Webcreative 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 Webcreative within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

Webcreative makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Webcreative will not be held responsible for any and all damages resulting from products and/or services it supplies. Webcreative 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 Webcreative responsible for any such loss or damage. Any claim against Webcreative shall be limited to the relevant fee(s) paid by the customer.

Webcreative 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. Webcreative will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Webcreative 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. Webcreative 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.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by Webcreative, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.graphicdesigncork.ie.

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 a Contract for Business between the signatory and Webcreative.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

 

Copyright © Webcreative 2019. All Rights Reserved

 All files and information contained in this Website are copyright Webcreative, and may not be duplicated, copied, modified or adapted, in any way without our written permission. Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Webcreative. Our Content, as found within our Website, Blog and Services, is protected under Ireland and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.