S8 Design's Terms & Conditions » Last Updated 26/03/2010
TERMS & CONDITIONS OVERVIEW
The TERMS AND CONDITIONS, herinafter referred to as "Terms," stated hereinunder apply to all services and products offered by S8 Design, hereinafter referred to by the first person, plural forms "We," "Us" and "Our." By ordering services and products from Us, The Client, hereinafter referred to by the second person forms "You" and "Yours," agree to be bound by these Terms.
1. CONFIDENTIALITY
We and You may mutually exchange confidential information related to any project, as described in a separate Project Proposal, that is subject to these Terms. Information to be deemed confidential shall be explicitly identified as such in writing or recordable, electronic form at the time of its transmittal. Any information thus deemed confidential shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
- is known to the receiving party prior to its disclosure;
- enters the public domain without breach of these Terms;
- is derived or obtained from third parties, which have no obligations, respecting confidentiality, to You or Us.
2. DESCRIPTION OF PROJECT
A separate Project Proposal will describe the work that is required of Us.
3. PAYMENT SCHEDULE
The separate Project Proposal will detail projected delivery dates, specify project deliverables and estimated costs. As related to estimated costs, You shall pay Us fifty percent (50%) of those costs, as a deposit for commencement of the Project.
The balance of those costs and any and all additional expenses, which arise during the Project and agreed as acceptable by You under these Terms and any declarations in the Project Proposal, become due on completion of the Project. Receipt of payment for all outstanding costs is prequisite to Our relinquishment or publication of files to a server specified by You.
4. DUE DATES
We agree to make every effort to deliver samples of design on dates as cited in the Project Proposal. You acknowledge you are aware that failures by You to submit required information or materials in a timely fashion may cause subsequent revisions to the schedule detailed in the Project Proposal. We reserve the right to adjust dates of delivery of our products and services to compensate for delays caused Your failure to provide content on schedule.
5. FEES & ADDITIONAL SERVICES
Changes in Your requirements, direction or the scope of the Project may at Our discretion demand renegotiations of deliverables and dates of delivery. Any aspect of content or elements of functionality that You request during the course of development of the Project that are not detailed in the original Project Proposal may be deemed by Us to demand a revised Project Proposal. Should there be significant increases in the projected costs that result from changed requirements, payment of fifty percent (50%) of those increases shall become due as a prerequisite to Our acceptance of the revised Project Proposal. We shall deem projected cost increases for a revised Project Proposal to be "significant" and thus immediately due for billing of advance deposit, if those increases are at least ten percent (10%) of the costs estimated in the original Project Proposal. All services related to the negotiations of new requirements and the creation of a revised Project Proposal will be billed at our standard rates for consulting services and become immediately due; all such charges will be deemed to stand outside the costs of both the original Project Proposal and the revised Project Proposal.
6. EXPENSES
In addition to the costs of deliverables as specified in the Project Proposal, You agree to reimburse Us for any of the following expenses which We undertake on Your behalf as necessary to completion of the Project: graphics, fonts, messengers, proofs, research, shipping, stock photography, third-party software, travel and telephone consultation.
7. ASSIGNMENT OF WORK
We reserve the right to retain other designers or subcontractors and assign to them such aspects of the Project as we deem required to ensure the quality and schedule of delivery of the Project. Any such parties shall be required to conform to the same confidentialy policies and performance guarantees as those to which We are bound by these Terms and any specific or overriding conditions set fourth in the Project Proposal.
8. LIMITATION OF LIABILITY
You agree to indemnify and hold Us harmless against any and all claims, costs, and expenses, including attorney's fees and court and filing costs, due to:
- materials included in the Project at Your request for which no copyright permission or previous release was obtained or uses which exceed those allowed pursuant to a permission or release;
- claims against Us related to the accuracy or veracity of materials included in the Project at Your request.
9. PUBLICATION
You may publish or disclose information regarding the Project and shall acknowledge Our support in all such publications. You will not use Our name in any advertising or publicity without Our prior approval expressed in written or electronically transferrable form. We will not use Your name in any advertising or publicity without Your prior approval expressed in written or electronically transferrable form.
10. GUARANTEES
We shall make every effort to design and deliver pages that display correctly in most, popular, current web browsers. We do not guarantee ongoing correctness of display or behavior of pages in versions of browsers released subsequent to the final delivery of the Project. Any efforts to upgrade pages to comply with the requirements of new versions of browsers will be deemed by Us to fall outside the scope of the Project Proposal to which these Terms apply and will require the initiation of a new Project Proposal.
You agree that We can not guarantee the provision of network infrastructural services or be held responsible for website unavailiblity caused by third party services, such as the providers or shared or private hosting packages, whether Ours or others'. If it is within Our power to rectify the situation or recommend solutions to such issues, we can be commissioned to do so at Our standard hourly rates, but such services lie outside the scope of the Project Proposal to which these Terms apply.
11. COPYRIGHT NOTICE
Copyright of the Project is in Our name. Upon completion of the Project, the copyright will only be released to You upon Our signing of a Release of Copyright. Certain elements and collections of code included to the Project may be deemed by Us to be general and unrelated to Your specific intellectual property interests and are released to you without transfer of ownership or copyright.
12. POSTPONEMENT AND TERMINATION
Websites & Projects
Either party may postpone or terminate the Project by giving thirty (30) days written notice to the other of such intent. In the event that the Project is postponed or terminated at Your request, We shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under these Terms. If additional payment is due, such shall be payable within thirty (30) days of Your written notification to stop work. In the event of termination, You shall also pay any expenses incurred by Us prior to receipt of that notification, and We shall retain all rights to the Project. You shall assume responsibility for all collection and legal fees necessitated by default in payment.
Hosting
In the event You would like to terminate your hosting contract with Us we will need 28 days notice in order to make any necessary arrangements our end. You will not be billed a cancellation fee if You have been hosting with Us for at least 6 months. On the contrary, You may expect a cancellation fee equivalent to 1 month's hosting fees calculated as per your average monthly rate for hosting. In the event You discontinue the use of Our hosting services after 6 months you will be expected to pay a pro-rata fee up until the date of Your due cancellation date, calculated as 28 days after Your notice to cease your hosting contract with Us.
13. T's & C's Revisions
We reserve the right to change or amend these Terms. Changes and amendments to these Terms will be published to our website. Such revisions will not be deemed retroactively enforcible without consent of affected parties.