Terms and Conditions

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The following Terms and Conditions of Service apply to all products and services provided by BRANDIDENTITYE.

All work is carried out by BRANDIDENTITYE on the understanding that the client has agreed to BRANDIDENTITYE’s terms and conditions.

Copyright is retained by BRANDIDENTITYE on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of design is presented, only one solution is deemed to be given by BRANDIDENTITYE as fulfilling the contract. All other designs remain the property of BRANDIDENTITYE, unless agreed in writing that this arrangement has been changed.

Project Acceptance

At the time of proposal, BRANDIDENTITYE will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on BRANDIDENTITYE website.

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to BRANDIDENTITYE. Alternatively, the client may send an official order/request in reply to the estimate or quotation which binds the client to accept BRANDIDENTITYE terms and conditions. No work will commence until customer indicates acceptance and document has been received by BRANDIDENTITYE.

Design Charges

Charges for design services to be provided by BRANDIDENTITYE, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until BRANDIDENTITYE has received this amount. Complimentary work is limited to a set number of given revisions. BRANDIDENTITYE has the right to refuse additional artwork/revisions.

Charges for Other Service

Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment

The customer will be provided with a Request for Approval and/or Review of the work provided with an Invoice prior to final publication. The amount due will become payable and the customer will also be required to reply with Acceptance/Approval to BRANDIDENTITYE. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 6% per month of the outstanding amount.

Payments may be made by cash, check, Major Credit Card and/or previously agreed electronic funds transfer.

Publication and/or release of work done by BRANDIDENTITYE on behalf of the client, may not take place before cleared funds have been received. Once payment has been made, there will be no reimbursement of funds unless agreed by BRANDIDENTITYE in writing.

Returned checks will incur an additional fee of $50 per returned check. BRANDIDENTITYE reserves the right to consider an account to be in default in the event of a returned check.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. BRANDIDENTITYE shall be considered entitled to remove BRANDIDENTITYE 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, business cards, flyers, pamphlets, 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 it’s obligation to pay the due amount. Customers whose accounts become default agree to pay BRANDIDENTITYE 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 BRANDIDENTITYE for inclusion in the customer’s business cards, flyers, pamphlets, website 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 BRANDIDENTITYE on behalf of the customer, will remain the property of BRANDIDENTITYE and/or it’s suppliers.

The customer may request in writing from BRANDIDENTITYE, the necessary permission to use materials (for which BRANDIDENTITYE holds the copyright) in forms other than for which it was originally supplied, and BRANDIDENTITYE 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 BRANDIDENTITYE, the customer grants BRANDIDENTITYE permission to use this material freely in the pursuit of the design.

Should BRANDIDENTITYE, or the customer supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, 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 BRANDIDENTITYE to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold BRANDIDENTITYE 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 BRANDIDENTITYE 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 BRANDIDENTITYE, 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 BRANDIDENTITYE and any of it’s relevant sub-contractors.

All design work- where there is a risk that another party 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. BRANDIDENTITYE will not be held responsible for any and all damages resulting from such claims. BRANDIDENTITYE is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold BRANDIDENTITYE responsible for any such loss or damage. Any claim against BRANDIDENTITYE shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to BRANDIDENTITYE’s definition of acceptable means of supplying data to the company.

Text is to be supplied to BRANDIDENTITYE in electronic format as standard text (.txt), MS Word (.doc) on floppy disc, or CD-ROM, or via e-mail.

Images which are supplied in an electronic format, are to be provided in a format as prescribed by BRANDIDENTITYE via floppy disc, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and BRANDIDENTITYE will not be held responsible for any image quality which the client later deems to be unacceptable. BRANDIDENTITYE 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 BRANDIDENTITYE of a design project’s duration is to be considered by the customer to be an estimation. BRANDIDENTITYE 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 BRANDIDENTITYE for the initial payment or by date confirmed in writing by BRANDIDENTITYE.

Rights of Access for Website Construction

The client agrees to allow BRANDIDENTITYE 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 and passwords. The customer also agrees to allow BRANDIDENTITYE 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 customer agrees to supply BRANDIDENTITYE with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion

BRANDIDENTITYE considers the design project complete upon receipt of the customer’s Review and Approval. Other services such as printing, display panel production, filmwork, website uploading, publishing etc., either contracted on the clients behalf constitute a separate project and can be treated as a separate charge. Once a project has been designed and emailed, there will be no refunds.

Website Design Only

Once web design is complete, BRANDIDENTITYE will provide the customer with the opportunity to review the resulting work. BRANDIDENTITYE 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 placement of items on the page. It does not include changes to colour schemes or any navigation features. Any minor changes can be notified to BRANDIDENTITYE by e-mail.

BRANDIDENTITYE will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

Kids’ Privacy

Our Website is intended for the use of adults and individuals 13 years of ages and older. Our Website is not directed to children under the age of 13. Users under the age of 13 must have the permission and/or assistance of an adult while using or visiting our Website.

Hosting Websites

BRANDIDENTITYE offers hosting services through its affiliated site thewebsitetutor.com . BRANDIDENTITYE will request that clients transfer their website domain and hosting to ensure BRANDIDENTITYE can provide needed development and support for the website. Hosting, Domain and other fees due to the hosting organization are the responsibility of the client and BRANDIDENTITYE are not liable for their payment.

Domain Registration

BRANDIDENTITYE cannot guarantee the availability of any domain name. Where BRANDIDENTITYE is to register a domain name on behalf of a client it will endeavour 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, BRANDIDENTITYE 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.

Design Credits

The customer agrees to allow BRANDIDENTITYE to place a small credit on printed material exhibition displays, advertisements and/or a link to BRANDIDENTITYE’ 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 BRANDIDENTITYE to place websites and other designs, along with a link to the client’s site on BRANDIDENTITYE’ own website for demonstration purposes and to use any designs in its own publicity.

Rights of Refusal

BRANDIDENTITYE 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. BRANDIDENTITYE also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that BRANDIDENTITYE does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow BRANDIDENTITYE to remove the contravention without hindrance, or penalty. BRANDIDENTITYE is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders may be made initially by e-mail, however, following this, BRANDIDENTITYE 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 BRANDIDENTITYE within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

BRANDIDENTITYE makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. BRANDIDENTITYE will not be held responsible for any and all damages resulting from products and/or services it supplies. BRANDIDENTITYE 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 BRANDIDENTITYE responsible for any such loss or damage. Any claim against BRANDIDENTITYE shall be limited to the relevant fee(s) paid by the customer.

BRANDIDENTITYE 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. BRANDIDENTITYE will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

BRANDIDENTITYE 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. BRANDIDENTITYE 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.

Binding Arbitration

The parties to this contract agree that any and all disputes that cannot be settled in good faith by the parties shall be resolved through binding arbitration using the American Arbitration Association. It is further agreed that the cost of binding arbitration shall be shared equally by BRANDIDENTITYE and the Client. It shall be clearly understood that any disputes that may arise are confidential with no public comment permitted in any form by either party relating to the dispute. The results of any Arbitration proceeding shall also be confidential with no public comment by either party permitted in any form relating to any award. The parties agree that any breach of this provision shall constitute a willful breach of contract.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. BRANDIDENTITYE 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 BRANDIDENTITYE and validated by the customer’s signature on the estimate or quotation form, 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 BRANDIDENTITYE