THREE 29 DESIGN TERMS AND CONDITIONS

I know every one hates terms and conditions and we all skim through it quickly, taking nothing in, but by working with Three 29 Design you accept the following Terms and Conditions.

All work is carried out by Three 29 Design on the understanding that the client has agreed to Three 29 Design's terms and conditions.

Copyright is retained by Three 29 Design on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled; unless stated otherwise.

Project Acceptance
At the time of proposal, Three 29 Design will provide the client with a written estimate or quotation.

By accepting the quote and moving forward with the project the client accepts that any added costs to the initial quote are to be paid. All additional costs will be stated to the client before the actions are taken place, allowing the client to decline.

Design Charges
Charges for design services to be provided by Three 29 Design, will be set out in the written estimate or quotation that is provided to the client. At the time of the client's 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 Three 29 Design has received this amount.

Payment
The client will be sent out a paypal invoice stating the services and the initial costs - which will be the 50% upfront payment or 100% if the client prefers.

Payments may not be made by cash, cheque or money orders. Paypal is all that is excepted with the addition of bank deposit for UK based clients.

The client does not require a paypal.com account in order to pay an invoice however it is advised that you sign up for one as paypal is the only really safe way of transferring money online.

Publication and/or release of work done by Three 29 Design on behalf of the client, may not take place before cleared funds have been received.

Copyrights and Trademarks
By supplying text, images and other data to Three 29 Designs for inclusion in the client's project, the client 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 Three 29 Design on behalf of the customer, will remain the property of Three 29 Design and/or it's suppliers.

By supplying images, text, or any other data to Three 29 Design the client grants Three 29 Design permission to use this material freely in the pursuit of the design.

Should Three 29 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 Three 29 Design to remove and/or replace the file on the site.

The client agrees to fully indemnify and hold Three 29 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.

Alterations
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 Three 29 Design 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 Three 29 Design, or any of it's 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 Three 29 Design 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. Three 29 Design will not be held responsible for any and all damages resulting from such claims. Three 29 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 Three 29 Design responsible for any such loss or damage. Any claim against Three 29 Design shall be limited to the relevant fee(s) paid by the client.

Data Formats
The client agrees to Three 29 Design's definition of acceptable means of supplying data to the company.

Text is to be supplied in the form of a Word Document or similar. Text can also be embodied in an email as long as everything is clear and precise. Three 29 Design will not be held responsible for type errors from Client's supplied text.
Images are to be supplied in a .zip file and send via the email or www.sendspace.com for larger files.

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.

Three 29 will not hand out .PSD files to clients unless a substantial amount is offered to compensate.

Design Project Duration
Any indication given by Three 29 Design of a design project's duration is to be considered by the client to be an estimation. Three 29 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 Three 29 Design for the initial payment or by date confirmed in writing by Three 29 Design.

Design Project Completion
Three 29 Design considers the design project complete upon full payment from the client. 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.

Design Credits
The client agrees to allow Three 29 Design to place a small credit on printed material exhibition displays, advertisements and/or a link to Three 29 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 customer also agrees to allow Three 29 Design to place websites and other designs, along with a link to the client's site on Three 29 Design's own website for demonstration purposes and to use any designs in its own publicity.

Rights of Refusal
Three 29 Design will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal.

Three 29 Design reserves the right to turn down a client at any time, without reason.

Disclaimer
Three 29 Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Three 29 Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Three 29 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 resonable steps to investigate the materials we recommend, we accept no responsibility for the performace or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Three 29 Design responsible for any such loss or damage. Any claim against Three 29 Design shall be limited to the relevant fee(s) paid by the customer.

Three 29 Design 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. Three 29 Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Three 29 Design 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 Three 29 Design.