- At the time of proposal, LemonGrenade Creative (LGC) will provide the Client with a written estimate or quotation by email. The placement of an order for creative and/or any other services offered by LGC, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.lemongrenade.com.
- A copy of the written estimate or quotation is to be signed and dated by the Client to indicate acceptance and should be returned to LGC.
- Alternatively, the Client may send an official purchase order in reply to the estimate or quotation which binds the Client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
- An estimate validated by the Client’s signature on the estimate or quotation form, or by email, 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 LGC.
- Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
- For the avoidance of doubt, the LGC Terms and Conditions are what govern the job, not any conditions on the Client’s purchase order.
- estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
CHARGES FOR OTHER SERVICES (CHANGE ORDERS)
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
- An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. 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
- Clients whose accounts become default agree to pay all LGC ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
- The Client agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the Client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
- The Client also agrees that LGC 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 LGC, 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 LGC and any of its 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.
- LGC will not be held responsible for any and all damages resulting from such claims.
- LGC is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold LGC responsible for any such loss or damage.
- Any claim against LGC shall be limited to the relevant fee(s) paid by the Client.
- The Client agrees to LGC’s definition of acceptable means of supplying data to the company.
- Text is to be supplied to LGC in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
- Images which are supplied in an electronic format are to be provided in a format as prescribed by LGC via e-mail / shared folder. Images must be of a quality suitable for use without any subsequent image processing, and LGC will not be held responsible for any image quality which the Client later deems to be unacceptable.
- LGC 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
DESIGN PROJECT COMPLETION
LGC considers the design project complete upon receipt of the Client’s signed Approval form or sign-off email. Other services such as printing, display panel production, film-work, website uploading, publishing etc. either contracted on the Client’s behalf constitute a separate project and can be treated as a separate charge.
LGC cannot guarantee the availability of any domain name. Where LGC is to register a domain name on behalf of a Client, it will attempt 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, LGC 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. LGC recommend that Clients use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
RIGHTS OF REFUSAL
- LGC 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.
- LGC also reserves the right to refuse to include submitted material without giving reason.
- In the situation where any images and/or data that LGC does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the Client is obliged to allow LGC to remove the contravention without hindrance, or penalty. LGC is to be held in no way responsible for any such data being included.
- LGC makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. LGC will not be held responsible for any and all damages resulting from products and/or services it supplies. LGC 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 LGC responsible for any such loss or damage. Any claim against LGC shall be limited to the relevant fee(s) paid by the Client.
- LGC 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. LGC will not knowingly perform any actions to contravene these, and the Client also agrees to be so bound.
- LGC 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. LGC 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.
- If the delivery of any deliverables is delayed as a result of the Client, LGC reserves the right to invoice in part or in full for any work already completed but contingent on the delivery of the delayed deliverables. The issuing of these interim invoices may occur outside of the agreed payment schedule.
- Where necessary, LGC may engage specialist 3rd party vendors to ensure the timely and quality delivery of any works commissioned.
- Should further deliverables or services be required, a change order will be issued to cover additional costs, as per the change of scope procedure outlined in the proposal submitted to the Client by LGC.
LGC is not responsible for errors, omissions or misspellings of content that has been provided by the client.
- We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
- Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, ai, png, or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.
- The Client will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the Client will also be required to sign and return the Approval Form or signify approval by email to LGC.
- Any invoice questions must be submitted by email within 14 days of the invoice date.
- Payments may be made by check, direct deposit, online transfer, cash, credit card (Visa, MasterCard) or Debit Card.
- If the work exceeds four calendar weeks in duration, the Client agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery
COPYRIGHTS AND TRADEMARKS
- By supplying text, images, and other data to LGC for inclusion in the Client’s materials, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner
- Any artwork, images, or text supplied and/or designed by LGC on behalf of the Client, will remain the property of LGC and/or its suppliers unless otherwise agreed in writing. A license for use of the copyright material is granted to the Client solely for the project defined in the scope or request and not for any other purpose.
- The Client may request, in writing from LGC, the necessary permission to use materials (for which LGC holds the copyright) in forms other than for which it was originally supplied, and LGC may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
- Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the Client, not LGC.
- By supplying images, text, or any other data to LGC, the Client grants LGC permission to use this material freely in the pursuit of the design.
- Should LGC, 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 LGC to remove and/or replace the file on the site.
- The Client agrees to fully indemnify and hold LGC 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.
DESIGN PROJECT DURATION
Any indication given by LGC of a design project’s duration is to be considered by the Client to be an estimation. LGC 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 LGC for the initial payment or by date confirmed in writing by LGC.
RIGHTS OF ACCESS FOR WEBSITE CONSTRUCTION
- The Client agrees to allow LGC 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 Client also agrees to allow LGC 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 LGC with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
- LGC offers a limited hosting services through an out-sourced virtual server. LGC does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
- LGC may request that Clients change the type of hosting account used if that account is deemed by LGC to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on LGC’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 LGC are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the Client / domain owner.
- The Client agrees to allow LGC to place websites and other designs, along with a link to the Client’s site on LGC’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
- The Client agrees to allow LGC Creative to showcase any/all work created in the course of a project as part of LemonGrenade Creative portfolio. LGC acknowledges the confidential nature of some projects and agrees to only display project work once product/site has been publicly launched/commences.
- Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, LGC 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 LGC within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. LGC reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
The current estimate will be honored for 60 days.