February 15, 2015
Terms & Conditions
TERMS AND CONDITIONS
The following Terms and Conditions of Service apply to all products and services provided by Amendar Printing d/b/a AD CONCEPT. Please read these Terms carefully as they set out your rights and obligations when you engage Amendar Printing d/b/a AD CONCEPT for any of their services and you must comply with these Terms.
All work is carried out by Amendar Printing d/b/a AD CONCEPT on the understanding that the client has agreed to these Terms and Conditions.
Ownership and Rights
The process of creating the ‘finished product’ for a client, requires the construction of native and/or master files. These files contain intellectual techniques and/or information. Whilst the ‘finished product’ is the sole property of the client (upon full payment), the ‘native files’ remain the property of Amendar Printing d/b/a AD CONCEPT.
The native (source) files (the files that were used to originally create the document, ie, InDesignTM, IllustratorTM, PhotoshopTM, FlashTM, WordTM, PowerPointTM, ExcelTM, etc) sketches, illustration, including electronic files, procedures and development files employed to create the agreed work remain the sole property of Amendar Printing d/b/a AD CONCEPT unless specifically agreed and released in writing and after all costs have been settled.
A charge for supply of native files will be incurred as it includes intellectual creative expertise, file retrieval, digital file/disc transfer, compensation for loss of (future) earnings. Native files will not be supplied until payment is received in full. This does not include unused intermediate ideas and concepts, which will remain the property of Amendar Printing d/b/a AD CONCEPT. Also does not include purchased Fonts as it is illegal to hand them over – instead the font licences will need to be supplied in outlines and the client will have to purchase the font licences themselves.
For Commercial Confidentiality and Intellectual Property reasons, Amendar Printing d/b/a AD CONCEPT native files cannot be accessed by any external company or contractors without prior consent of Amendar Printing d/b/a AD CONCEPT. In the event that Amendar Printing d/b/a AD CONCEPT (at our sole discression) allows access by 3rd parties additional terms & conditions will apply. By allowing external parties to access these files, you unconditionallly waive Amendar Printing d/b/a AD CONCEPT for any liability that may be associated by changes to the files and backup files that we may hold.
Part of Amendar Printing d/b/a AD CONCEPT’s duty of care to our clients is to maintain a thorough storage and back-up procedure of your native files. Once confirmation of receipt of native files has been received from the client, Amendar Printing d/b/a AD CONCEPT will immediately REMOVE said native files and subsequent back-ups from our servers.
Charges may apply to digitally transport large file sizes at the discretion of Amendar Printing d/b/a AD CONCEPT and the client will be solely responsible for these costs.
Amendar Printing d/b/a AD CONCEPT will construct achievable ‘non-native’ file requests on any given request, standard hourly charges/rates will apply.
In the construction of Graphics and Data, Amendar Printing d/b/a AD CONCEPT relies upon the information that is supplied by the client. While best practice is applied by Amendar Printing d/b/a AD CONCEPT, it is the sole responsibily of the client to ensure the information is correct and the end result matches the data supplied. Clients unconditionally accept that the final proof supplied is correct and cannot hold Amendar Printing d/b/a AD CONCEPT liable under any circumstances for errors and ommissions.
Amendar Printing d/b/a AD CONCEPT
Terms & Conditions
￼+While constructing Graphics and presentation, Amendar Printing d/b/a AD CONCEPT may purchase stock photography or font licences. These images and fonts are licensed to Amendar Printing d/b/a AD CONCEPT and are not transferable without written authorisation by Amendar Printing d/b/a AD CONCEPT with the appropriate royalty fees.
+Images and fonts supplied by the client for artwork must be licesnsed by the client and the client accepts all liablity for any infringing copyright. Once the images are supplied to Amendar Printing d/b/a AD CONCEPT, we will use them without restriction in the project or any related projects – unless advised of any restrictions.
+All data is treated in commercial confidence, but will remain on our systems for integrity verification in the event of a dispute.
+In the event of a client not using our design and development services in the period of 24 calendar months, Amendar Printing d/b/a AD CONCEPT retains the right to remove all backups & native files without the clients knowlegde. Should the client wish to terminate our service it is there responsibility to request the backup files.
+Whilst every effort has been made in ensuring that print-ready artwork is colour correct and free of errors, Amendar Printing d/b/a AD CONCEPT can not be held liable for colour matching or production quality should a client choose to manage the printing process themselves.
+Although we highly recommend that Amendar Printing d/b/a AD CONCEPT manage the production process from concept to completion, we advise clients that wish to manage the production of their printed items understand the importance of carefully checking printed proofs (not just digital proofs) and press checking is advised to ensure a quality finish.
Copyrights and Trademarks
+Copyright is retained by Amendar Printing d/b/a AD CONCEPT 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 design is presented, only one solution is deemed to be given by Amendar Printing d/b/a AD CONCEPT as fulfilling the contract. All other designs and concepts remain the property of Amendar Printing d/b/a AD CONCEPT, unless agreed in writing that this arrangement has been changed.
+By supplying text, images and other data to Amendar Printing d/b/a AD CONCEPT for inclusion in the customer’s website or other medium, 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.
+The customer agrees to fully indemnify and hold Amendar Printing d/b/a AD CONCEPT free from any and all claims resulting from the customer not having obtained all the required copyright, and/or any other necessary permissions.
+Prices quoted for all work are estimates only and are based on the initial brief from the client. Any changes, corrections or work additional to the original brief will be charged at an hourly rate (or a pre- agreed fee negotiated by the client and Amendar Printing d/b/a AD CONCEPT).
+Charges for design services to be provided by Amendar Printing d/b/a AD CONCEPT, will be set out in a written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of
Amendar Printing d/b/a AD CONCEPT Terms & Conditions 2012 Page 2
￼50% of the quoted fee will become immediately due. Work on the project will not commence until Amendar Printing d/b/a AD CONCEPT has received this amount.
+All work conducted by Amendar Printing d/b/a AD CONCEPT at the request of the Customer, and without an agreed quotation will be charged at an hourly rate. Charges are not negotiable once work has commenced.
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.
+The client will be provided with an Invoice prior to final issue of artwork or publication. At this time the remainder of the amount due will become payable. Accounts which remain outstanding for 7 days from the date of invoice, will incur an extra charge of 5% per month of the outstanding amount. If the services of a debt collection agency are required to receive payment of this account, the cost collection will be added to your invoice.
Supply of files by the client
+It is the responsibility of the client to supply correct, proofed text files in an agreed format and file type. Any changes or corrections to original text supplied will be charged at an hourly rate (minimum of one hour).
+It is the responsibility of the client to supply appropriate resolution photos and images in an agreed file type. Amendar Printing d/b/a AD CONCEPT takes no responsibility for the print quality or resolution of images provided by the client.
Final art approvals and changes
+It is the responsibility of the client to proof all artwork and production files before sign-off and/or production. Amendar Printing d/b/a AD CONCEPT takes no responsibility for errors in typography, spelling, grammar, formatting or file errors.
Any changes or corrections made by the client subsequent to the issue of final artwork will be charged at an hourly rate (minimum of one hour). Amendar Printing d/b/a AD CONCEPT may extend or modify any delivery schedule or deadline as may be required by such changes.
+Re-issue of artwork on disk, via e-mail or ftp upload will be charged at an hourly rate (minimum of one hour).
+Amendar Printing d/b/a AD CONCEPT reserves the right to show any artwork, ideas and sketches created for Projects in a portfolio, in various online galleries and in logo process posts as examples of client work.
+If you are unhappy for Amendar Printing d/b/a AD CONCEPT to display your logo design in portfolios and in other online inspiration galleries, please discuss this with the team before proceeding with any projects.