We/Our/Us/Ours’ means Spaceace Studios Enterprise.
‘You‘ means means you and your company as the client identified in the quote or letter of agreement engaging our services.
‘Client Material‘ is material we receive from you so that we can perform the service which may include but is not limited to, your intellectual property, images, text, cd’s, logos and other such items.
‘Quote‘ means the quote we supply to you for a service.
‘Fees‘ are our fees in relation to the service we provide.
‘Third Party Costs‘ cost that we may incur on your behalf in performing a service.
‘Service/s‘ the services as outlined in the quote or letter of agreement.
WHAT IS NEEDED FROM CLIENT FOR OUR WORK
We need you to provide us with the Client Material so that we can perform the Services and in doing so also provide us with a royalty free non exclusive license to use, reproduce, and adapt the Client Material so that we can provide services to you.
We agree to use the Client Material in accordance with any conditions you set and only for the performance of our services to you.
Unless expressed otherwise we assume all material provided to us does not need to be saved or returned to you.
WE RELY ON WHAT YOU GIVE US
We rely on the Client Material you supply to us to be accurate and complete so that we can perform the Services for you, any shortfall of either and any inaccuracies, or delays stemming from this shortfall shall be the Client’s fault and we cannot be held accountable.
We will ensure that we are available to you at reasonable times and places and we will keep you informed as to the progress of the Service.We will perform our Services with care, skill and diligence to the best of our abilities.
You agree to indemnify and keep indemnified us from and against any and all legal actions, proceedings, claims, damages, losses, expenses, or liabilities which we may incur or sustain as a result of our activities on behalf of the Client not limited to any information, representation, report, data, Client Material, or any material supplied, prepared, approved or authorised by the Client.
The Client further agrees that we shall not be liable for any loss of profits or other indirect costs associated with any of the services performed on behalf of the Client arising howsoever.
The copyright and intellectual property in relation to the material produced on behalf of the Client will remain with us unless a change of copyright ownership is specifically stated in writing. The Client shall receive, upon full payment of any accounts, a limited license to utilise the designs, creations, copyright and intellectual property of ours Clark for the purpose for which we were engaged and paid.
That is if you asked us to create something for a specific use such as a newspaper advertisement and our fees were charged appropriately you may not use it for further promotion outside of a newspaper advertisement without our specific permission.
Native files form part of our Intellectual Property and are not supplied with the final artwork unless it is specifically agreed to and paid for, the general charge is 3 times the design cost.
Any ideas or concepts presented to the Client but not used in the performance of services remain the our exclusive property.
Furthermore the Client agrees not to, nor to engage a third party to, reverse engineer, rework, or reuse any of our intellectual property without our written permission.
We assume that any information given to us by you should be treated as confidential and should only be disclosed as necessary in the performance of our services for you. Similarly any confidential information that we disclose to you about our business, practises, procedures, or method should not be disclosed to any other party.
Our fees are outlined in rate card and our agreement with you or as detailed in any quote. From time to time we may incur fees on your behalf with your knowledge for which we will bill you.
Our quotes are based on the brief we have obtained from you. If this brief does not reflect the end scope of the service then further charges will be incurred.
We require 50% downpayment to proceed on projects. Remaining 50% payment is to be made by client before receiving final artwork files.
Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Spaceace Studios.
Charges for international bank transfer fees to the design agency will be held responsible by client.
3rd party fees outside what is outlined in the quotation / invoice such as stock imaging or printing charges will be billed separately.
Revisions to services that are outside those outlined in the quote may incur a charge.
Changes to the scope of the services outside as outlined in the quote or agreement will be charged separately.
Additional fees apply after stated number of revisions on invoice or for a new design after approval.
We work diligently on your projects and expect payment to be on time, any late payments may incur a fee at our discretion. If for some reason your payment will be late please let us know. If you are not able, or willing to pay outstanding invoices for any job, all licenses mentioned in point 6 granted in the previous 12 months are revoked until such time as all outstanding accounts are brought up to date.
THIRD PARTY SUPPLIERS
We cannot be held responsible for the actions of any third party suppliers, and if contracted separately on your behalf we expect you to abide by their terms. Our websites are designed to be compatible with browsers from IE9 forward, if your requirements are outside of this you may incur significant further charges
If printing forms a part of our quote, or we obtain a quote under your instructions, then we will manage the job and be responsible for press checks, quality, delivery and all aspects of the job. If you employ printers on your behalf and we simply supply the digital artwork we are not responsible for any of the associated print management including delivery.
Our websites are designed to be compatible with browsers from IE9 forward, if your requirements are outside of this you may incur significant further charges.
TERMS & DELIVERY OF
Once you have accepted our quote or invoice and given us the go ahead to proceed you are deemed to have accepted these terms and conditions, any alteration to these conditions will only be accepted in writing and acknowledged by both parties. Delivery of artwork and material will be in digital form unless specified otherwise in the quote.
WEB DESIGN AND DEVELOPMENT
When designing and or developing a website we work to the scope as provided by the client and agreed to by us. Anything outside this scope will incur further costs.
The client also warrants that they have to right to use any material supplied by them, and indemnifies us against any and all claims that may arise from any material on their website.
We mainly work with dynamic open source platforms. As such your website and its underlying architecture may need updating from time to time. This is your responsibility unless you have a specific ongoing maintenance plan with us.
We will attend to any errors or problems that are within the scope for a period of three months after a site had gone live. Post that period any work will incur our standard studio charges at an hourly rate.
We may choose to backup your website but unless you have a specific maintenance agreement with us backing up your website and the security thereof is your responsibility.
If any invoice relating to any web design or development remains unpaid for over 60 days we reserve the right to take down any work we have performed and /or suspend the website entirely.
We are not responsible for any third party applications or guarantee their continuing functionality.
You acknowledge that any advice we provide you in relation to any matter regarding web design or web development may not be applicable for the future and is only based on our experience and may, or may not suit your circumstances.
Designed to help you keep your website running smoothly, our maintenance agreements provide an essential service that ensures your website is operating with the latest release of WordPress, PHP and up-to-date plugins and all functionality is running smoothly.
We do not monitor, upgrade, or backup your website unless we have a specific maintenance agreement.
We do stress that this is not essential, your website will keep running well but changes to underlying code and third party plugins are beyond our control. Updates, bugs, security breaches, and out-of-date, or conflicting plugins that require fixes will be charged at our standard web developer rates if there is no maintenance contract.
As per our terms and conditions we provide warranty and bug fixes for your new website for a period of three months once your site has gone live.
Maintenance agreements are not a money making proposition for us, it is a service we offer our clients to cover the cost and time of the maintenance.