TERMS AND CONDITIONS // AUGUST 2011
All services provided by Oracle Design to the Customer are subject to the following terms and conditions:-
ACCEPTANCE //
A copy of these terms and conditions must be signed by all clients wishing to undertake work carried out by Oracle Design, indicating agreement to and acceptance of these Terms and Conditions. However, an email or verbal agreement of any quotation is also agreement to our Terms and Conditions, no actual signature is required for the Terms and Conditions to apply, if this is the case.
PAYMENT TERMS //
Unless otherwise agreed in writing, our payment terms are strictly fourteen days from the date of invoice.
Unless other wise agreed, each design project will consist of two stage payments commencing with a non refundable deposit of 30% with the balance of 70% being payable on completion of each project.
Where a project is being delayed outside of the agreed time scales through no fault of our own, we reserve the right to invoice you and receive payment for the remaining balance of 70% of the project.
LATE PAYMENTS //
Invoices will be provided by Oracle Design upon completion of the work for Design and any associated services. Invoices are normally sent via email; however, the Client may elect to receive hard copy invoices, this needs to be agreed in writing.
For one off or stage payments, Oracle Design would suggest that these are paid immediately on receipt of the invoice to avoid late payment charges and delays in the work Oracle Design is carrying out for you.
If you have any queries over any aspect of an invoice then this must be raised with Oracle Design immediately on receipt. However, to avoid this being used as a means of delaying payment, the outstanding invoice must be paid by the due date
otherwise it will be subject to the late payment charges.
Accounts that remain unpaid fourteen (14) days after the date of the invoice will be subject to a late payment charge. A fixed charge will be due of £40, £70 or £100 depending on the size of the debt (under £1,000, under £10,000, and higher). Note that the amount will be compounded and will be at the discretion of Oracle Design.
DEFAULT //
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. Clients with accounts in default agree to pay Oracle Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Oracle Design in enforcing these Terms and Conditions.
TERMINATION //
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within fourteen (14) days.
Oracle Design reserves the right to terminate any or all of its services to the client without explanation at any time. Where possible, termination of any or all services will be accompanied by one month's notice. Upon Termination of the contract, refunds will not be given for any unexpired periods of service contracts, services or facilities.
COPYRIGHT //
The Client retains the copyright to data, files, photos and graphic logos provided by the Client, and grants Oracle Design the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Oracle Design permission and rights for use of the same and agrees to indemnify and hold harmless Oracle Design from any and all claims resulting from the Client 's negligence or inability to obtain proper copyright permissions. The agreement of undertaking the contract shall be regarded as a guarantee by the Client to Oracle Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. The client agrees that the design provided is for the quoted and agreed usage. Any further use of the design must be agreed in writing by Oracle Design and may incur additional costs or royalty payments. Copyright of all design work originated by Oracle Design, remains with Oracle Design, until full payment for the contract has been made.
STANDARD MEDIA DELIVERY //
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files, Word documents delivered on CD or via e-mail) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Oracle Design to return to the Client any images or printed material provided for use in creation of the Client 's design, such return cannot be guaranteed.
It is our strong recommendation that you use professional copywriters, photographers and whoever else that needs to be involved within the project. We are happy to recommend suitable professionals to you. While we will provide you with guide costs for these professionals, it is your responsibility to agree costs and terms of engagement with them. Please note that these professional costs are not part of our costs and charges to you and therefore it is your responsibility to settle payments direct with them.
STOCK IMAGERY //
If the design requires additional images that have to be sourced by Oracle Design a charge will be made, agreed before in the project quotation or during the project if it is needed, before committing you to purchasing them. Where stock photography and/or library images are used as part of the project, unless specifically agreed in writing by yourselves, the stock photography and library image costs will be charged to you as an additional cost.
DESIGN CREDIT //
A design credit for Oracle Design may appear in either small type or by a small graphic at the bottom or within the project, of the Customer's design, unless otherwise agreed. If a logo or written credit is used, it will be designed to fit in with the overall design.
LIABILITY //
The client must contact Oracle Design concerning details of an invoice within 7 days of the date of the invoice. Oracle Design's liability to the client or any other party for the loss including theft, or destruction or damage to any materials provided by the client which are deposited with Oracle Design for whatever reason;-
- Oracle Design are not be liable for the cost of reshooting or reprinting the material contained on the material and;
- Oracle Design will not be liable for any loss or damage to the client or any other party including loss of income and it is the client's responsibility to insure against such loss and damage;
- Oracle Design will not be liable for failing to complete any contract between Oracle Design and the client due to circumstances beyond Oracle Design's control, including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.
GOVERNING LAW //
This Agreement shall be governed by English Law.
GENERAL //
These Terms and Conditions supersede all previous representations, understandings or agreements. The Customer's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.
If you wish to vary the terms of this agreement, this must be in writing and our acceptance of any variation must be evidenced in writing. Verbal evidence will not be acceptable. If we cannot reach agreement on any variations you wish to make, we reserve the right to withdraw our services without notice, at which time the terms of this document will remain binding.
If any term or condition appears unreasonable this is not our intention. We have a large client portfolio that has been built up by our respecting our clients and providing good quality customer care and support. We are always striving to improve our services and your feedback will always be welcome.
PRIVACY POLICY //
Please note that your details will not be passed on to any third parties and will only be used by the Oracle Design team to contact you with regard to your particular enquiry.
Note that these Terms and Conditions were updated on 06/07/11 and are valid for all future projects