TERMS AND CONDITIONS
Agreement between Circle Web Design Limited and business or individual identified on this agreement.
The client/individual is subject to the following terms and conditions.
This document defines the terms and conditions of our working relationship. All projects or services that Circle Web Design Limited may be contracted to produce or provide for CLIENT will be subject to the following:
WORKING/BILLING PHASES – Based on our experience with long-term design Communications projects, we have found that it is mutually advantageous to handle each project in logical working/billing phases.
Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost of a project. Planning the work, cost estimating, and billing in several phases permits Circle Web Design Limited or CLIENT to adjust for such revisions/or halt work before completion if a project is postponed or canceled. Any canceled project is billed only through phases and/or portions of phases that were actually completed by Circle Web Design Limited. For each project, CLIENT will receive a proposal/estimate outlining the project specifications and our proposed scope of services and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and separate itemised costs for anticipated out-of-pocket expenses.
We will begin work upon CLIENT’S approval of the written estimate. Your approval (written or oral) will constitute an agreement between us.
PAYMENT/ESTIMATES – CLIENT agrees to pay Circle Web Design Limited in accordance with the terms specified in each proposal/estimate. On accounts that have not submitted a credit application and been approved by our credit department, will be required to pay 50% of the project cost before work can begin.
Unless otherwise specified, all subsequent balances due are payable upon art approval. Interest on past due balances is 18% per annum or 1.5% per month. We reserve the right to refuse completion or delivery of work until past due balances are paid.
ESTIMATE: Valid for only 30 days from date of estimate. Client requested changes will be billed additionally. The client will be notified of any price changes.
OUT-OF-POCKET EXPENSES – Fees for professional services do not include outside purchases such as, but not limited to, photography, illustrations & purchase of additional components specific to your project. Expenses are itemised on each invoice.Time spent in discussions whether over the telephone or meetings in addition to the original free quote will be charged at my hourly rate.
REVISIONS AND ALTERATIONS – New work requested by CLIENT and performed by CIRCLE WEB DESIGN after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds. Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.
OVERTIME – Estimates are based on a reasonable time schedule, and may be revised to take into consideration your “ Priority Scheduling” requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate.
NATURE OF COPY – CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, copyright and patent infringement clearances.
ERRORS AND OMISSIONS – It is the CLIENT’S responsibility to check carefully for accuracy in all respects, ranging from spelling to technical illustrations. Circle Web Design Limited is not liable for errors or omissions.
RIGHTS OF OWNERSHIP - I reserve the right publish for my promotional and marketing needs the work I create for you, as samples for my portfolio. I agree to store computer files for a period of 6 months beyond the delivery of a job. Thereupon, I reserve the right to discard them.
TERM AND TERMINATION – The term of this agreement will continue for work in progress until terminated by either of us upon thirty (10) days written notice. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorised work, we will promptly do so, provided you hold us harmless for any cost incurred as a result.
CLIENT will indemnify and hold Circle Web Design Limited harmless for any loss or expense (including legal fees), claim or action arising in any way from our working relationship. This includes, but is not limited to assertations made against CLIENT and any of its products and services arising from the publication of materials that we prepare and you approve before publication.
PRODUCTION SCHEDULES – Production schedules will be established and adhered to by both Client and Circle Web Design Limited Ltd, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in support from third party software providers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or Circle Web Design Limited. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.
ADDITIONAL PROVISIONS - This agreement is our entire understanding and may not be modified in any respect except in an executed agreement.If we must use a debt collection services to collect our invoices, we will be entitled to reasonable service fees, court costs, and interest at the maximum rate permitted by law.