The following terms and conditions apply to all services provided by Applebox Designs to you, the Client. These services include all aspects of design, including concept art, graphics, illustration and typography, related, but not limited to, website design and development, logo design, business card design and production, letterhead design, leaflet design and/or poster design commissioned by the Client.
TOS2016.1
EFFECTIVE DATE: 01 APRIL 2016
Acceptance
It is not necessary for the Client to have signed this document for these terms and conditions to apply. If the Client commissions any service from Applebox Designs then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any commission or use of Applebox Designs' services implies that you have read, understood and accepted these terms and conditions.
Project Quotations
Charges for services to be provided by Applebox Designs are defined in the project quotation (estimate) that the Client will receive, upon request, via email. Quotations are valid for a period of 30 days. Applebox Designs reserves the right to alter or refuse to honour a quotation after expiry of the 30 days.
Additional Expenses
The Client agrees to reimburse Applebox Designs for any additional expenses incurred for the completion of the work. Examples of these instances would be purchase of licensed fonts, stock photography, outsourced printer or postage charges etc.
Content Provision
The Client will be required to provide all relevant content at all times throughout the contract period to Applebox Designs. Please note, at present, Applebox Designs does not provide copy writing, proofing services or SEO management. The Client agrees to ensure that all content provided by the Client to Applebox Designs is correct at the time of sending.
Text content should be delivered as an email, Microsoft Word, (or similar) document with the information in the supplied document representing the content of data to be used within the undertaken project. Please do not supply text content in a flattened image or hard copy document as this will not enable Applebox Designs to copy and paste content directly.
Visual content (any images to be included in your design) should be delivered electronically via email or (if of a high volume or large file size) via a secure transfer/sharing service such as Wetransfer.com or Dropbox.
Please ensure all visual content supplied is of a relatively, high quality format for integration and ease of modification.
NOTE: If required, Applebox Designs will also accept relevant content on a USB device or CD, supplied via post. Please inform Applebox Designs if you require these items to be returned, as this may incur additional expenses.
Design Review
Throughout the design and development process, Applebox Designs will provide the Client with the opportunity to review the project during the design phase and once the overall development is completed.
At the completion of the project, Applebox Designs will require a written agreement from the Client that all design work/content is satisfactory and correct at which time a final invoice and a Service Agreement Contract will be issued to the Client.
Copyright and Licensing
Applebox Designs retains copyright to all design work completed including concept art, graphics, illustration and typography, related, but not limited to, website design and development, logo design, business card design and production, letterhead design, leaflet design and/or poster design commissioned by the Client at all times.
The Client retains the copyright to any data, files, artwork and graphic logos provided by the Client, and grants Applebox Designs the rights to publish, edit (if necessary) and use such material throughout the service period.
The Client must obtain permission and rights to use any information or files that are copyrighted by a third party (for example, fonts, stock imagery etc.).
The Client is further responsible for granting Applebox Designs permission and rights for use of any materials supplied and agrees to indemnify and hold harmless Applebox Designs from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Applebox Designs that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
An assignment of license may be issued upon request (if applicable) for any branding created by Applebox Designs on behalf of The Client. The Client agrees that at no time will they transfer, redistribute or sell any work completed by Applebox Designs to a third party without the express written permission of Applebox Designs or an assignment of license.
Design Credit
A link to Applebox Designs will appear in either small type or by a small graphic at the bottom of the Client's website and promotional literature (if applicable). If a graphic is used, it will be designed to fit with the overall design.
The Client also agrees that the website developed for the Client may be presented in Applebox Designs' portfolio and/or shared via Applebox Designs' social media network.
Domain Name(s) & Hosting
Applebox Designs may purchase and/or transfer Domain Names and Hosting on behalf of the Client. These services will be maintained and renewed by Applebox Designs on behalf of the Client and will be invoiced along with any other annually renewing services.
If the Client already owns or has registered Domain Name(s) and/or Hosting and wish to retain these services individually, payment and renewal of these external services is the sole responsibility of the Client. The loss, cancellation or otherwise of external services brought about by non or late payment is not the responsibility of Applebox Designs. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Access Requirements
If the Client's website is to be installed on third-party Hosting or Domain Name provider, Applebox Designs must at all times be granted read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources and access might also need to be configured on the server (for example, domain name redirection, email accounts etc.).
Content Maintenance
Applebox Designs will continue to maintain the content of the Client's website for the duration of the service period. The Client understands that Applebox Designs retains control of all updates and content access at all times during the service period, and at no time will the Client transfer this control in full or in part to a third party.
Applebox Designs will update the website, upon request of the Client or any other authorised person(s) named on the Additional Access Agreement. Applebox Designs endeavours to complete all updates within 48 hours of request. The Client agrees that if the update request is urgent, they will mark it as such to bring it to the attention of Applebox Designs. Applebox Designs accepts update requests via email, or, should the Client request it, in person. Please note, all updates should be provided in the formats outlined in these terms under the heading 'Content Provision'.
NOTE: Content maintenance does not include any changes made to the overall layout or aesthetic design of the website. If the Client wishes to change the layout in any way (even something as small as changing a colour or font), these design changes will need to be covered by an additional design commission agreement and will incur additional costs.
Turnaround
Applebox Designs will always aim to supply all services commissioned in good time or on the agreed upon time (if specified by the Client at project initiation). Unanticipated delays in service, on the part of Applebox Designs, may arise for a number of reasons (for example, unforeseen circumstances, ill health, etc). Applebox Designs will always endeavour to make the Client aware in such cases, via email, and inform the Client of the duration of any predicted delay.
In return, the Client agrees to delegate a single individual as a primary contact to aid Applebox Designs with progressing the commission in a satisfactory and expedient manner.
Web Browsers & Compatibility
Applebox Designs makes every effort to ensure websites are designed and developed to be viewed by the majority of visitors. Websites are designed to work with the current most popular browsers (e.g. Google Chrome, Firefox, Internet Explorer etc.). The Client agrees and understands that Applebox Designs cannot guarantee correct functionality with all browser software across different operating systems or viewing devices. If the Client has any specific browser compatibility requests, they agree to raise them at project initiation.
Applebox Designs cannot accept responsibility for websites or functions requested by the Client which do not display acceptably in new versions of browsers released after the website has been designed and launched (made live).
Applebox Designs reserves the right to quote for any work involved in changing the website design or source code for it to work with updated browser software if so requested by the Client after the website has launched.
Payment
Invoices will be issued by Applebox Designs upon completion but before publishing the live website and/or providing any physical printed literature. Invoices are primarily sent via email. The Client will also be required to provide a current postal address to receive hard copy invoices. Payment in full is due upon 30 days of invoice issue date. Please note, unless specifically agreed to by both parties prior to the issuing of an invoice, Applebox Designs does not accept payment in part or via instalments.
Applebox Designs accepts payment by the following methods (in order of preference):
- Bank Transfer (BACS)*
- Cheque*
- Credit/Debit Card*
- PayPal*
* Please email Pan for complete payment details.
Default
In the event an account is in default, Applebox Designs reserves the right, at its discretion, to remove all material from the Client's web space. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Applebox Designs is not responsible for any loss of data or income incurred due to this removal of service. Only upon complete payment, will Applebox Designs reinstate any website presence, provided the Client requests such an act in writing.
Cheques returned for insufficient funds or incorrect details will be assessed a return charge of £25 (should the Client request the cheque to be returned) and the Client's account will immediately be considered to be in default until full payment is received.
Clients with accounts in default agree to pay Applebox Designs reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Applebox Designs in enforcing these Terms and Conditions.
Termination and Cancellation Policy
If you no longer require the services Applebox Designs and would like to cancel a commission or terminate the services provided by Applebox Designs, you are free to do so at any time for whatever reason.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Face-to-face requests or requests made via telephone for termination of services will not be honoured until and unless confirmed in writing.
The Client understands that Applebox Designs will at no time transfer copies of concept design, website design, program files or any other raw design files over to the Client or a third party. Applebox Designs retains copyright to your website design and all related files at all times, especially after the termination of services.
Please note, unless an assignment of licence or licence agreement, signed by both parties, has been established prior to termination of services, the licensing rights for all design work (including but not limited to website design, logo design etc.) completed will default to Applebox Designs. If the Client requests such an agreement to be signed after the termination of services, the Client understands that Applebox Designs retains the right to invoice for additional expenses (including, but not limited to, legal fees, licensing fees etc.) or decline to provide an assignment of licence.
In the event that the Client requests a transfer of any Domain Name(s) registered by Applebox Designs on behalf of the Client, they understand that this will incur a non-negotiable transfer fee of £10 per domain name plus any additional expenses which may arise as a result of the transfer.
The Client must provide details of the request of transfer in their written notice of termination of services. The Client understands that in the event of a transfer of any Domain Name(s), the website will deactivate and any connected mailboxes or email addresses will be inoperative and it will not be the responsibility of Applebox Designs to reinstate them.
For termination before completion of commission
If the client chooses to terminate the services of Applebox Designs after signing a commission agreement but before the commissioned project is complete, Applebox Designs reserves the right to retain any non-refundable deposits paid.
Should the Client cancel the commission agreement after the design concepts have been agreed but prior to the website going live, Applebox Designs reserves the right to charge up to 85% of the total projected costs. The scale of the charge will be dependent on the discretion of Applebox Designs and the stage of the project at the time of cancellation.
If communication breaks down on the part of the Client for a period of 30 days (that is, the Client fails to reply to a communication from Applebox Designs) Applebox Designs will issue a warning email. If this warning email is not replied to (and communication does not resume) with a following period of 30 days, Applebox Designs reserves the right to to terminate the commission. In this event, all deposits paid will be retained by Applebox Designs and the commission will be cancelled.
If the Client wishes to continue the commission at a later date they will be required to request a new project quotation, sign a new Commission Agreement and pay a further non-refundable deposit.
For termination after contract renewal date
If the Client chooses to terminate the services of Applebox Designs at any time during the contract period, provided all outstanding invoices are paid for and the date of termination is at least 14 days prior to the contract renewal date, this would be considered a termination after contract renewal date.
Applebox Designs reserves the right to invoice the Client for any outstanding expenses relating to the termination of services. Applebox Designs will not refund any costs relating to renewal of services in the event the Client terminates after the contract renewal date.
Privacy Policy
Applebox Designs is committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, Applebox Designs has put in place suitable physical, electronic and managerial procedures to safeguard and secure the information collected.
Applebox Designs will not sell, distribute or lease any of the Client's personal information to third parties unless given express permission by the Client or are required by law to do so.