Orca Design T&C’S
Better understanding for a smoother project.
The following Terms and Conditions of service apply to all products and services provided by Orca Design. These terms & conditions constitute a valid and binding agreement between Orca Design and you, the client, for any services provided or work ordered. You must enter into this Agreement by returning the Terms and Conditions form bellow. Please enter the project title into the subject box and state “I AGREE” in the message box, to show your acceptance of these terms & conditions and any new versions or updates hereof.
All work is carried out within the understanding that the client has agreed to Orca Design’s Terms and Conditions prior to project commencement.
Only one chosen solution will be deemed as Orca Design fulfilling the contract. Any concepts, sketches and additional artwork leading up to the final proposal remain the property of Orca Design, unless agreed otherwise in writing prior to project completion.
Note: Any alternative agreements or specific agreed changes to these Terms and Conditions must be in writing prior to project commencement. Any changes – agreed upon in documented email – are subject to contractual agreement.
At the time of proposal, Orca Design will provide the customer with a written estimate or quotation.
Once the estimate or quotation is agreed upon by the client, they must then fill out the below form to indicate acceptance. No work on a project will commence until the completed form has been received by Orca Design.
Fees and Charges
Charges for design services to be provided by Orca Design 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 or quotation – indicating acceptance of the Terms & Conditions – an initial, non-refundable deposit of 50% of the total project fee will become immediately due. Work on the project will not commence until Orca Design has received this amount.
The additional 50% of the total project fee will be due upon completion of final artwork. All invoices are to be paid within 30 days of receipt. For new clients or those overseas, invoices must be paid within 14 days of receipt.
In the case of web design projects – at the time of the customer’s acceptance of the estimate or quotation, indicating acceptance of the Terms & Conditions – an initial, non-refundable deposit of 50% of the total project fee will become immediately due. Work on the project will not commence until Orca Design has received this amount.
The additional 50% of the total project fee (including any extra hours in addition to the original quote or charges applicable for additional work carried out that were not specified in the original project outline) will be due when all work has finished, prior to launch. The site in question will only be launched once the final payment has been received.
Orca Design is only required to make the amount of revisions stated prior to project commencement. Any additional revisions required will be charged at Orca Design’s hourly rate. The number of revisions may vary from project to project.
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. Any additional artwork, post project completion, will be charged at Orca Design’s hourly rate.
The Project pricing includes Orca Design’s design fee only. Any and all outside costs including, but not limited to, equipment rental, photographer’s costs and fees, photography and/or artwork licenses, printing costs, prototype production costs, talent fees, music licenses, and online access or hosting fees, will be billed to the client unless specifically otherwise provided for in the proposal.
All deliverables shall be deemed complete once the client has signed off the work or indicated satisfaction either verbally, in writing, via e-mail, post or other methods.
Payments made via Paypal will incur an additional charge of 3.4%.
Returned cheques will incur an additional fee of £50 per returned cheque. Orca Design reserves the right to consider an account to be in default in the event of a returned cheque.
We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms. Interest is charged daily at 8% over the Bank of England base rate along with EU late payment charges. Payments will be credited first to late payment charges and next to the unpaid balance. The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. Orca Design reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this a Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding Additional Costs, Taxes, Expenses, and Fees, Charges or the costs of Changes.
If The Client fails to communicate with Orca Design for a period of more than 30 days without explanation, the project shall be deemed satisfactory and complete. 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 Orca Design’s reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Orca Design for inclusion in the client’s website or other medium, the client 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 Orca Design on behalf of the customer, will remain the property of Orca Design and/or it’s suppliers.
The customer may request in writing from Orca Design, the necessary permission to use materials (for which Orca Design holds the copyright) in forms other than for which it was originally supplied, and Orca Design may, at its 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 Orca Design, the customer grants Orca Design permission to use this material freely in the pursuit of the design.
Should Orca 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 Orca Design to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Orca 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.
Any design, copywriting, drawing, idea or code created for the customer by Orca Design, or any of it’s 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 Orca Design and any of it’s relevant sub-contractors, unless stated otherwise.
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. Orca Design will not be held responsible for any and all damages resulting from such claims. Orca Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Orca Design responsible for any such loss or damage. Any claim against Orca Design shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Orca Design’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Orca Design in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail. Any content – written or otherwise – must be proof checked by you, the client, prior to handover. Orca Design is not liable for any miss-prints, typos or changes. Any additional proof reading and changes done by Orca Design will be charged at an hourly rate.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Orca Design via CD-ROM, e-mail or file transfer sites specified by Orca Design. Images must be of a quality suitable for use without any subsequent image processing, and Orca Design will not be held responsible for any image quality which the client later deems to be unacceptable. Orca Design 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, photo editing, media conversion, digital image processing, or data entry services.
Design Project Duration
Any indication given by Orca Design of a design project’s duration is to be considered by the customer to be an estimation. Orca Design will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client. However, Orca Design cannot be held responsible for any project over-running, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Orca Design for the initial payment or by date confirmed in writing by Orca Design.
The customer agrees to allow Orca Design to place a small credit on printed material, exhibition displays, advertisements and/or a link to Orca Design’s own website on the customer’s website. 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 Orca Design to display any artwork on their own website for promotional and portfolio purposes.
Rights of Refusal
Orca Design 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. Orca Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Orca Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Orca Design to remove the contravention without hindrance, or penalty. Orca Design is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Orca Design will need formal notification in writing to the company’s postal address. 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 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Orca Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Any contractors, freelancers or separate company or service used by Orca Design during a project is contracted to complete all work as outlined in the project brief. In the result of any contract or agreement not being completed, any outstanding work will be owed to Orca Design and any payments immediately refunded.
Any loss of income, project refund costs or legal costs that arise as a direct result of any contractors, freelancers or separate company or service not completing or upholding their end of the contract shall be held directly responsible for any resulting costs or fines.
Orca Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Orca Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Orca Design is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take responsible 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 Orca Design responsible for any such loss or damage. Any claim against Orca Design shall be limited to the relevant fee(s) paid by the customer.
Orca Design 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. Orca Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Orca Design and validated by the customer’s returned acceptance form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms Contract for Business between the signatory and Orca Design.
If you are still unclear of any of the Terms and Conditions stated above, please contact Orca Design directly for an explanation or clarification of any of the wording, meanings and/or definitions.