TERMS + CONDITIONS
The following Terms and Conditions of Service apply to all products and services provided by Simmage Designs and in the event of any dispute are governed by the laws of USA.
All work is carried out by Simmage Designs on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Simmage Designs 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 designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Simmage Designs, unless specifically agreed in writing.
Project Acceptance
At the time of proposal, Simmage Designs will provide the customer with a written estimate or quotation by email.
By replying in acceptance this proposal and paying initial deposit (50% of total price unless otherwise agreed upon) it is understood that these Terms and Conditions are read and understood.
For the avoidance of doubt, the Simmage Designs Terms & Conditions are what govern the job and services provided.
Design & Artwork Charges
Charges for design services to be provided by Simmage Designs will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s acceptance of this estimate, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
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.
Charges for Other Services
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.
Payment
The customer will be provided with an Invoice prior to final file/artwork delivery or completion of on-site work. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return acceptance of completed work or signify approval by email to Simmage Designs.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at 10% on the outstanding amount from the date due, each week until the date of payment.
Payments made by CHECK, transfer or credit card (Visa, Mastercard)
Payments made by credit card will be subject to an administration charge of 2.9% + $0.30 per transaction. Customers paying by credit card do so under the agreement that it is listed in their own name, their company name or that they otherwise have full permission and access to use these funds and accept full responsibility for any chargebacks or denied payments. Any such occurrences will be treated as described in the “Default” section below and charged accordingly.
Checks should not be sent in regular mail unless sent recorded delivery, and must be made out to the name and sent to address listed on invoice.
Publication and/or release of work done by Simmage Designs on behalf of the client, may not take place before cleared funds have been received.
Returned check will incur an additional fee of $50USD per returned check or credit card chargeback. Simmage Designs 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 or chargeback from credit card use. Simmage Designs shall be entitled to remove Simmage Designs 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 and artworks.
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 all Simmage Designs reasonable legal and accounting expenses and third party collection agency fees in the event that enforcement of the debt is required as covered by these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Simmage Designs for inclusion in project design, 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 Simmage Designs on behalf of the customer, will remain the property of Simmage Designs and/or its suppliers unless otherwise agreed in writing. A license for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from Simmage Designs, the necessary permission to use materials (for which Simmage Designs holds the copyright) in forms other than for which it was originally supplied, and Simmage Designs 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.
By supplying images, text, or any other data to Simmage Designs, the customer grants Simmage Designs permission to use this material freely in the pursuit of the design.
Should Simmage Designs, 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 Simmage Designs to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Simmage Designs 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 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 customer also agrees that Simmage Designs 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 mock-up created for the customer by Simmage Designs, 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 Simmage Designs 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.
Simmage Designs will not be held responsible for any and all damages resulting from such claims.
Simmage Designs is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Simmage Designs responsible for any such loss or damage.
Any claim against Simmage Designs shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to Simmage Designs’ definition of acceptable means of supplying data to the company.
Text is to be supplied to Glazier Design in electronic format as standard text (.txt), PDF, 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 Simmage Designs via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Simmage Designs will not be held responsible for any image quality which the client later deems to be unacceptable.
Simmage Designs 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 Duration
Any indication given by Simmage Designs of a design project’s duration is to be considered by the customer to be an estimation. Simmage Designs 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 Simmage Designs for the initial payment or by date confirmed in writing by Simmage Designs.
Design Credits
The customer agrees to allow Simmage Designs to place a small credit on printed material, exhibition displays, advertisements and/or a link to Simmage Designs own website on online presentations. 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 Simmage Designs to place completed designs, photos of artwork or amended portions of designs, along with links to the client’s website or social media that represents work completed by Simmage Designs on Simmage Designs’ own website, promotional material or social media for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Simmage Designs 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. Simmage Designs also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Simmage Designs does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Simmage Designs to remove the contravention without hindrance, or penalty. Simmage Designs is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Simmage Designs will need formal notification in writing to the company’s postal address or email directly from client. 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 14 days. Please note: any cancellation which is not formally confirmed in writing and received by Simmage Designs within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
Simmage Designs makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Simmage Designs will not be held responsible for any and all damages resulting from products and/or services it supplies. Simmage Designs 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 Simmage Designs responsible for any such loss or damage. Any claim against Simmage Designs shall be limited to the relevant fee(s) paid by the customer.
Simmage Designs 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. Simmage Designs will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Simmage Designs 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. Simmage Designs 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.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Simmage Designs reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Simmage Designs, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.simmagedesigns.com or attached to each invoice
An estimate validated by the customer’s response to the estimate or quotation form by email or payment of deposit 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 Simmage Designs.