J&D Media Ltd Terms & Conditions
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Graphic Design: Terms and Conditions
The following Terms and Conditions of Service apply to all products and services provided by J&D Media Ltd.
All work is carried out by J&D Media Ltd on the understanding that the client has agreed to J&D Media Ltd's terms and conditions.
Copyright is retained by J&D Media Ltd 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 designs are presented, only one solution is deemed to be given by J&D Media Ltd as fulfilling the contract. All other designs remain the property of J&D Media Ltd, unless agreed in writing that this arrangement has been changed.
Project Acceptance
At the time of proposal, J&D Media Ltd will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on J&D Media Ltd's 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 J&D Media Ltd. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept J&D Media Ltd' terms and conditions. No work on a project will commence until either document has been received by J&D Media Ltd.
Design Charges
Charges for design services to be provided by J&D Media 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. Work on the project will not commence until J&D Media Ltd 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.
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 J&D Media Ltd. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 10% per month of the outstanding amount. Payments may be made by cash, cheque, bank transfer or (for overseas customers), Paypal or previously agreed electronic funds transfer. Publication and/or release of work done by J&D Media Ltd 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. J&D Media Ltd reserves the right to consider an account to be in default in the event of a returned cheque.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. J&D Media Ltd shall be considered entitled to remove J&D Media Ltd' 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 J&D Media 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 J&D Media Ltd 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 J&D Media Ltd on behalf of the customer, will remain the property of J&D Media Ltd and/or it's suppliers. The customer may request in writing from J&D Media Ltd, the necessary permission to use materials (for which J&D Media Ltd holds the copyright) in forms other than for which it was originally supplied, and J&D Media Ltd 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 J&D Media Ltd, the customer grants J&D Media Ltd permission to use this material freely in the pursuit of the design. Should J&D Media 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 J&D Media Ltd to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold J&D Media 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.
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. The customer also agrees that J&D Media Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.