XY Co considers the design project complete upon receipt of the customer’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.
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 XY Co holds no responsibility for any amendments made by any third party, before or after a design is published.
Copyrights and Trademarks
By supplying texts, videos, images and other data to XY Co for inclusion in the client’s website or any other medium, 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, videos, images, or text supplied and/or designed by XY Co on behalf of the customer, will remain the property of XY Co and/or its suppliers unless otherwise agreed in writing. A licence for the use of the copyright material is granted to the client’s solely for the project defined in the scope or request and not for any other purpose.
Any software, code, plugin or any other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not XY Co.
Should XY Co, 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 customer will agree to allow XY Co to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold XY Co 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.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. XY Co shall be entitled to remove XY Co‘s 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, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the client of its obligation to pay the due amount.
Any design, copywriting, drawing, idea or code created for the customer by XY Co, 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 XY Co 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.
XY Co will not be held responsible for any and all damages resulting from such claims.
XY Co is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold XY Co responsible for any such loss or damage.
Any claim against XY Co shall be limited to the relevant fee(s) paid by the client.
Website Design Project
XY Co requires that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site is/are approved by the client, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, XY Co will provide the client with the opportunity to review the resulting work. XY Co will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to XY Co by e-mail.
XY Co will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.
Rights of Access for Website Design
The client agrees to allow XY Co 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 XY Co 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 XY Co with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
XY Co offers a limited hosting services through an out-sourced virtual server. XY Co does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
XY Co may request that clients change the type of hosting account used if that account is deemed by XY Co to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.
Fees due to third party hosting organisations are the responsibility of the client and XY Co are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the client / domain owner.