Terms and Conditions
Not all design studios are created equal...
1. DEFINITIONSIn this agreement “we” “us” or “our” means Artshak and “you” means the client. We will provide the Services to you from the commencement date subject to these terms and conditions.
If you wish to engage us for any period after the completion of the Services, we will negotiate a mutually acceptable arrangement.
2. OUR COMMITMENT TO YOUWe will:
(a) provide the Services in a conscientious, timely and professional fashion;
(b) not do anything which may cause the reputation or goodwill of your business to be detrimentally or prejudicially affected;
(c) comply with your reasonable directions; and
(d) provide staff and equipment sufficient to carry out the services
2.1. Confidentiality.It is agreed that Artshak and its employees thereof shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of the client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the client.
2.2. Standards.We warrant that we have the necessary professional skills to perform the Services
2.3. We will provide you with cost estimates.For design hours, and quotes for third party products for your approval before we commence any work.
2.4. Commit to your deadlines.This is of course after both parties have agreed on a mutually acceptable deadline to meet client wishes and creative development
2.5. Deliver your designs to you promptly.Once we have signed approval of any quotes and have been supplied with the brief, copy, images and other requirements, and a deposit has been negotiated, we can begin. Typical turnaround for your first proof is within 5-6 working days unless specified. We can (and do) agree to other time lines if required but we cannot obviously meet your deadlines if there is any delay in engaging us, or in supplying what we need to get started.
3. WHAT WE ASK IN RETURNThe client shall give us instructions adequate to define your requirements including program and budget. The client is responsible for the accuracy, legalities and completeness of all particulars provided to us or obtained on the client's behalf. The client agrees to give decisions and provide required information within a reasonable time so as not to delay our work. The client acknowledges that we will rely upon your instructions.
Upon receiving the client's instructions to proceed with the provision of Works/Services, we are not liable for any amendments, variations, alterations or errors not identified prior to your certification of the Work/Services.
3.1 Commencement.We ask for written approval with accompanying purchase order to undertake commissioned projects.
4. FEES AND PAYMENTAll invoices are strictly 14 days unless another trading term has been agreed to in writing.
You will pay us the fees and allowances as set out in an agreed Schedule. You must pay us in accordance with our usual trading terms as set out in the Schedule.
If this agreement is terminated before the Services are completed, you will pay us all fees for Services performed up to the date of termination, including for Services performed during any period of notice given by one party to the other party.
Artshak will be entitled to recover from you our legal costs and expenses for bringing and maintaining legal and any other action to recover outstanding debts. This includes ALL costs for solicitors, debt collection and all associated recovery fees. All goods and services remain the property of Artshak until the account is paid for in full. By signing this agreement you accept and acknowledge such action.
We will not provide Services in excess of the agreed number of hours specified in the Proposal without your prior written consent.
We'd like to think that our accounts are settled with the same prompt attention we give our client's projects.
4.2. Late/Rush FeesAll quotes prepared by Artshak are based on the work being provided to Artshak in a timely fashion in order to meet deadlines. Artshak reserves the right to charge a loading for ‘rush’ deadlines which are imposed by the client. Artshak will NOT accept responsibility for errors in rush jobs.
4.3. Changes in InstructionIf our work is increased due to changes in the client's instructions or requirements or if our work is increased or our services protracted due to causes beyond our control then (unless our fee is already on a time charged basis) an additional fee shall be chargeable on a time basis, unless some other basis is agreed. Where for any services provided by us the fee is not stated in this agreement, such fee shall be on a time charged basis unless otherwise agreed. Should such additional become or appear likely to become chargeable, we will promptly notify the client in writing.
5. INTELLECTUAL PROPERTY
- All project creation files, including programming code, created by or for Artshak remains the intellectual/creative property of Artshak.
- Artshak also retains copyright of all original project design/graphics/photography/video and programming code (unless specifically agreed) and may only be commercially reproduced or resold with the permission of Artshak. The client is permitted to use this material only as expressly authorised by Artshak, provided that the client has paid all moneys due and payable to Artshak in respect of the Services provided to the client.
- Artshak cannot take responsibility for any copyright infringements caused by materials submitted by the client.
- Artshak reserve the right to re-use technical components developed during a project and will retain intellectual property rights on each development.
- Artshak shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute any item from your project unless specifically agreed otherwise.
- Artshak observes Privacy Laws and Guidelines relating to personal data..
6. NON-EXCLUSIVITYYou acknowledge that we may enter into similar arrangements with other customers to provide similar and other services to those other customers. We will not provide similar services to your competitors during the period in which we are providing the Services to you.
7. Web developmentArtshak view web development as a two step process. The first step is the design and creative element, the second step is the development and/or building of a web page/s or website using approved recognised technologies as validated by W3C.
Artshak’s creative team can design a site to reflect your business, branding and USP and supply web ready files to your nominated website developer.
Alternatively Artshak can build your website and upload completed web files to your hosting server or provide hosting services for you.
In many cases our client’s needs are met by aligning and using the services of Adobe’s Business Catalyst.
Business Catalyst is our preferred provider and their terms and conditions as displayed on the Business Catalyst website apply.
In choosing Adobe’s Business Catalyst you represent that you have read and agree with the end-user agreement as displayed, and that you have given legal authority to Artshak to make representation on your behalf.
The client acknowledges and agrees that Artshak has the right to remove or suspend any website or functionality therein that the client has commisiioned Artshak to develop, for which payment remains outstanding, reinstatement only to be made upon final payment.