Terms and Conditions
The following Terms and Conditions of Service apply to all artwork, graphic design, web design, print and associated services provided by The CANdo Studio Ltd.
All design work is carried out by The CANdo Studio Ltd on the understanding that the client has agreed to abide by The CANdo Studio Ltd’s terms and conditions.
Copyright of all graphic design work is retained by The CANdo Studio Ltd including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by The CANdo Studio Ltd as fulfilling the contract. All other artwork designs remain the property of The CANdo Studio Ltd, unless agreed in writing.
Project Acceptance
At the time of proposal, The CANdo Studio Ltd will provide the customer with a written estimate or quotation by post or email as requested.
A reply to the original email containing the estimate or quotation clearly stating the client’s acceptance to info@thecandostudio.co.uk Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept The CANdo Studio Ltd’s terms and conditions. No work on a project will commence until either document has been received by The CANdo Studio Ltd.
Design Fees
Fees for design services to be provided by The CANdo Studio Ltd, will be set out in the written estimate or quotation that is provided to the customer and this indicates acceptance of the Terms & Conditions.
Website Development
Once the client has been provided with a new website build for approval, which is complete (except for any outstanding assets which have not been provided), The CANdo Studio Ltd reserve the right to issue an invoice for the remainder of the agreed amount. The CANdo Studio Ltd will make small changes or additions which are considered additional to the project brief at their discretion. Where alterations or additions outside the project brief are requested, The CANdo Studio Ltd may raise an additional invoice, should these require more than 30 minutes work,
Layout Visuals
Upon approval CANdo shall provide layouts and projects showing our proposed designs. We will amend these designs until an agreement is reached. Once approved a non-refundable deposit of 25 or 50% (dependant on size of project) of the quoted fee will become immediately due on all projects unless by prior arrangement. Work on the project will not commence until The CANdo Studio Ltd has received this amount. The design/intellectual property will remain the property of The CANdo Studio Ltd until full payment is received. If the project is cancelled again the designs/intellectual property remains the property of The CANdo Studio Ltd.
Charges for Other Services
Charges for any additional services over and above the estimated design, will be made known to the client. These costs will be charged as they occur and work on the project will not continue/commence until The CANdo Studio Ltd has received this amount.
Payment
The client will be asked to provided artwork sign off before being issued with an Invoice prior to print/artwork/publication/web deployment. At this time the remainder of the fees due will be payable prior to print/artwork/publication/web deployment unless by prior arrangement.
Payments may be made by BACS, cheque, or any previously agreed methods.
Returned cheques will incur an additional fee of £50 per returned cheque. The CANdo Studio 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. The CANdo Studio Ltd shall be considered entitled to remove The CANdo Studio Ltd’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 The CANdo Studio 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 The CANdo Studio Ltd for inclusion in the customer’s brochure 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 The CANdo Studio Ltd on behalf of the customer, will remain the property of The CANdo Studio Ltd and/or its suppliers, in which full copyright will be passed to the client upon receipt of full payment.
By supplying images, text, or any other data to The CANdo Studio Ltd, the customer grants The CANdo Studio Ltd permission to use this material freely in the pursuit of the design and to utilise the designs in The CANdo Studio Ltd’s portfolio unless agreed otherwise.
Should The CANdo Studio 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 The CANdo Studio Ltd to remove and/or replace the file.
The customer agrees to fully indemnify and hold The CANdo Studio 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 The CANdo Studio Ltd 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 The CANdo Studio Ltd, 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 The CANdo Studio Ltd and any of its relevant sub-contractors.
All design work where there is a risk that another party may 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. The CANdo Studio Ltd will not be held responsible for any and damages resulting from such claims. The CANdo Studio Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold The CANdo Studio Ltd responsible for any such loss or damage. Any claim against The CANdo Studio Ltd shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to The CANdo Studio Ltd’s definition of acceptable means of supplying data to the company.
Text is to be supplied to The CANdo Studio Ltd in electronic format as standard text (.txt), MS Word (.doc) on CD, USB data stick, via e-mail or by any other specified data transfer/file sharing method.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by The CANdo Studio Ltd via CD, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and The CANdo Studio Ltd will not be held responsible for any image quality which the client later deems to be unacceptable. The CANdo Studio Ltd 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 The CANdo Studio Ltd of a design project’s duration is to be considered by the customer to be an estimation. The CANdo Studio Ltd cannot be held responsible for any project over-runs, whatever the cause.
Design Project Completion
The CANdo Studio Ltd considers the design project complete upon receipt of the customer’s sign off. 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
Standard CANdo terms and conditions apply to web builds along with following points –
Hosting websites
The CANdo Studio Ltd offers a hosting service through an out-sourced server. The CANdo Studio Ltd does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. The CANdo Studio Ltd may request that clients change the type of hosting account used if that account is deemed by The CANdo Studio Ltd to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.
Fees for The CANdo Studio Ltd’s hosting service 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 The CANdo Studio Ltd are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
Website guarantee/maintenance
The CANdo Studio Ltd offers a formal guarantee of 1 month on any issues relating to platform, theme or plugin updates. Thereafter it becomes the client’s responsibility. Upon completion and payment, the ownership and responsibility of the site it transferred to the client. The CANdo studio does offer hosting plans that includes website maintenance and protection against site, feature or plugin failure caused by updates and/or incompatible updates.
For more information please call The CANdo Studio on 01937 203611 or email info@thecandostudio.co.uk
Duration and Renewal of Hosting Services
Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in writing will automatically be renewed for the billing period chosen on sign up. You are entitled to cancel the Services by contacting The CANdo Studio Ltd no less than 3 months prior to the renewal date for your Services.
Design Credits
The customer agrees to allow The CANdo Studio Ltd to place a small credit on printed material, exhibition displays, advertisements and/or a link to The CANdo Studio Ltd’s 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 The CANdo Studio Ltd to place all designs on The CANdo Studio Ltd’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
The CANdo Studio Ltd 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. The CANdo Studio Ltd also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that The CANdo Studio Ltd does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow The CANdo Studio Ltd to remove the contravention without hindrance, or penalty. The CANdo Studio Ltd 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, however, following this, The CANdo Studio Ltd will need formal notification by email to info@thecandostudio.co.uk. 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 by email and received by The CANdo Studio Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
The CANdo Studio Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. The CANdo Studio Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. The CANdo Studio Ltd 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 The CANdo Studio Ltd responsible for any such loss or damage. Any claim against The CANdo Studio Ltd shall be limited to the relevant fee(s) paid by the customer.
The CANdo Studio Ltd 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.
The CANdo Studio Ltd will not knowingly perform any actions to contravene these, and the client also agrees to be so bound.
The CANdo Studio Ltd 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. The CANdo Studio Ltd 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.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. The CANdo Studio Ltd 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 The CANdo Studio Ltd and validated by the customer’s acceptance of the estimate or quotation, 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 The CANdo Studio Ltd.
