Terms of Business
The following Terms and Conditions of Service apply to all products and services provided by Emphasis Creative Design.
All work is carried out by Emphasis Creative Design on the understanding that the client has agreed to Emphasis Creative Design's terms and conditions.
Copyright is retained by Emphasis Creative Design 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 Emphasis Creative Design as fulfilling the contract. All other designs remain the property of Emphasis Creative Design, unless agreed in writing that this arrangement has been changed.
All proofs must be checked carefully. Emphasis Creative Design cannot accept responsibility for errors after artwork has been signed off by the customer.
At the time of proposal, Emphasis Creative Design will provide the customer with a written estimate or quotation, usually via email. A copy of the estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Emphasis Creative Design (can be in email format). Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Emphasis Creative Design Terms & Conditions. No work on a project will commence until either document has been received by Emphasis Creative Design.
Charges for design services to be provided by Emphasis Creative Design, will be set out in the written estimate or quotation that is provided to the customer. In some instances 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 Emphasis Creative Design has received this amount.
Charges for Other Services
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.
The customer will be provided with a final proof and invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to return approval in writing to Emphasis Creative Design. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra standard charge of £5 per month.
Payments may be made by cash, cheque, or previously agreed electronic funds transfer.
Publication and/or release of work done by Emphasis Creative Design on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of £50 per returned cheque. Emphasis Creative 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.
Emphasis Creative Design shall be considered entitled to remove Emphasis Creative Design 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 design, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Emphasis Creative Design reasonable legal expenses and third party collection agency fees in the enforcement of these Terms & Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Emphasis Creative Design for inclusion in the customer's artwork 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 Emphasis Creative Design on behalf of the customer, will remain the property of Emphasis Creative Design and/or it's suppliers.
The customer may request in writing from Emphasis Creative Design, the necessary permission to use materials (for which Emphasis Creative Design holds the copyright) in forms other than for which it was originally supplied, and Emphasis Creative Design may, at it's 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 Emphasis Creative Design, the customer grants Emphasis Creative Design permission to use this material freely in the pursuit of the design.
Should Emphasis Creative Design, or the customer 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 customer will agree to allow Emphasis Creative Design to remove and/or replace the file.
The customer agrees to fully indemnify and hold Emphasis Creative Design 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.
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 Emphasis Creative Design holds no responsibility for any amendments made by any third party, before or after a design is published.