Terms and conditions
The following Terms and Conditions of Service apply to all products and services provided by Affinity Promo Design.
All work is carried out by Affinity Promo Design on the understanding that the client has agreed to Affinity Promo Design’s terms and conditions.
Copyright is retained by Affinity Promo Design on all creative design work including campaign advertising slogans, pictures, ideas, visuals, and illustrations unless specifically released in writing and after
If a choice of design is presented, only one solution is deemed to be given by Affinity Promo Design as fulfilling the contract. All other designs remain the property of Affinity Promo Design unless agreed in writing that this arrangement has been changed.
At the time of proposal, Affinity Promo Design will provide the client with a written estimate or quotation. The terms and conditions can be read on the Affinity Promo Design website.
The client may send an official order in reply to the estimate or quotation, or an email acknowledging acceptance of the quotation, which binds the client to accept Affinity Promo Design’s terms and conditions.
No work on a project will commence until acceptance of the quotation has been received by Affinity Promo Design.
Clients will normally be invoiced on completion of work on our standard 30 days terms. For larger projects, such as website development, we will require staged payment. This would normally be three equal payments at stages to be agreed with the client. All new clients are required to pay in full prior to Affinity Promo Design commencing work.
Payments may be made by online transfer, cash or cheque. Publication and/or release of work undertaken by Affinity Promo Design on behalf of the client may not take place before cleared funds have been received.
Affinity Promo Design reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque.
Affinity Promo Design shall be considered entitled to remove Affinity Promo Design and/or the client’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 client of its obligation to pay the due amount. Clients whose accounts become default agree to pay Affinity Promo Design reasonable legal expenses and third party collection agency fees in the enforcement of these terms and conditions.
Copyrights and Trademarks
By supplying text, images
Any artwork, images, or text supplied and/or designed by Affinity Promo Design on behalf of the client, will remain the property of Affinity Promo Design and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988.
The client may request in writing from Affinity Promo Design the necessary permission to use materials (for which Affinity Promo Design holds the copyright) in forms other than for which it was originally supplied, and Affinity Promo Design may, at its 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 Affinity Promo Design, the client grants Affinity Promo Design permission to use this material freely in the pursuit of the design.
Should Affinity Promo Design or the client 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 client will agree to allow Affinity Promo Design to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold Affinity Promo Design free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
The client 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 client also agrees that Affinity Promo Design holds no responsibility for any amendments made by any third party before or after a design is published.
Any design, copywriting, drawing, idea or code created for the client by Affinity Promo Design, 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 Affinity Promo Design and any of its relevant sub-contractors.
All design work – where there is a risk that another party
Affinity Promo Design will not be held responsible for any and all damages resulting from such claims. Affinity Promo Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Affinity Promo Design responsible for any such loss or damage. Any claim against Affinity Promo Design shall be limited to the relevant fee(s) paid by the client.
Rights of refusal
Affinity Promo Design 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.
Affinity Promo Design also reserves the right to refuse to include submitted material without giving a reason.
In the situation where any images and/or data that Affinity Promo Design does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the client is obliged to allow Affinity Promo Design to remove the contravention without hindrance, or penalty. Affinity Promo Design is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact or e-mail, however, following this, Affinity Promo Design will need formal notification in writing to the company’s postal address.
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 in writing and received by Affinity Promo Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Affinity Promo Design has a strict non-refund policy an all completed work.
Any indication given by Affinity Promo Design of a project’s duration is to be considered by the client to be an estimate. Affinity Promo Design cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Affinity Promo Design for the initial payment or by date confirmed in writing by Affinity Promo Design.
Affinity Promo Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Affinity Promo Design will not be held responsible for any and all damages resulting from products and/or services it supplies.
Affinity Promo Design 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 client agrees not to hold Affinity Promo Design responsible for any such loss or damage. Any claim against Affinity Promo Design shall be limited to the relevant fee(s) paid by the client.
Affinity Promo Design reserves the right to use the services of sub-contractors, agents
Affinity Promo Design 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. Affinity Promo Design recommends 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.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Affinity Promo Design, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.
An estimate validated by confirmation of approval to proceed with the project by the client by e-mail or in writing 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 Affinity Promo Design.
Affinity Promo Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
CREATIVE DESIGN SERVICES
Charges for creative design services to be provided by Affinity Promo Design will be set out in the written estimate or quotation that is provided to the client.
Charges for creative design work do not cover the release of copyright design files including
Publication and/or release of work done by Affinity Promo Design on behalf of the client may not take place before cleared funds have been received.
All design work will be proofed by the client and written approval given before Affinity Promo Design will release it for publication or print. Whilst all efforts will be made by Affinity Promo Design to ensure the accuracy of work, no liability can be accepted by Affinity Promo Design for errors not highlighted by the client prior to written approval for publication or print.
The client agrees to Affinity Promo Design’s definition of acceptable means of supplying data to the company.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Affinity Promo Design via CD-ROM, or e-mail FTP. Images must be of a quality suitable for use without any subsequent image processing, and Affinity Promo Design will not be held responsible for any image quality which the client later deems to be unacceptable.
Affinity Promo Design 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, color correction and alteration of images.
WEBSITE DESIGN AND DEVELOPMENT
Affinity Promo Design requires that a template is approved by the client before coding of a site commences. Once the template(s) for the website are approved by the client, coding will commence; any changes to navigation items, colors, structure or content which require changes to the template will incur an additional charge.
Once web design is complete, Affinity Promo Design will provide the client with the opportunity to review the resulting work. Affinity Promo Design will make one set of minor changes at no extra cost within 14 days of the start of the review period.
Minor changes include small textual changes and small adjustments to the placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to Affinity Promo Design by e-mail.
Affinity Promo Design will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.
Rights of access for website construction
The client agrees to allow Affinity Promo Design all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames
The client also agrees to allow Affinity Promo Design access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The client agrees to supply Affinity Promo Design with all necessary materials, electronic, or otherwise, required to create and complete the project and to supply them in a timely manner.
Affinity Promo Design offers in-house hosting services through an out-sourced virtual server. Affinity Promo Design does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Affinity Promo Design may request that clients change the type of hosting account used if that account is deemed by Affinity Promo Design to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.
Fees for hosting on Affinity Promo Design’s virtual server are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organizations are the responsibility of the client and Affinity Promo Design is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the client/domain owner.
Affinity Promo Design cannot guarantee the availability of any domain name. Where Affinity Promo Design is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.
Search engine submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, MW Design cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Affinity Promo Design recommends that clients use a professional Search Engine Optimisation specialist and can arrange for third party SEO consultancy, but can accept no responsibility for their services.
The client agrees to allow Affinity Promo Design to place a small credit in the form of a link to Affinity Promo Design’s own website on the client’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 client also agrees to allow Affinity Promo Design to place websites and other designs, along with a link to the client’s site on Affinity Promo Design’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.