The following Terms and Conditions of Service apply to all design related services provided by Count Creation Ltd.
All work is carried out by Count Creation Ltd on the understanding that the client has agreed to abide by Count Creation Ltd’s terms and conditions.
Copyright of all strategy, branding and design work is retained by Count Creation Ltd including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by Count Creation Ltd as fulfilling the contract. All other artwork designs remain the property of Count Creation Ltd, unless agreed in writing.
At the time of the proposal, Count Creation Ltd will provide the customer with a written estimate or quotation by email as requested.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Count Creation Ltd by email or post. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Count Creation Ltd’s terms and conditions. No work on a project will commence until either document has been received by Count Creation Ltd.
Fees for services to be provided by Count Creation Ltd, will be set out in the 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 50% of the quoted fee will become immediately due on projects. Work on the project will not commence until Count Creation Ltd has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated agreed scope of work, will be made known to the client. They will become fully payable at the time of project acceptance.
The client will be asked to provide artwork sign-off before being issued with an Invoice prior to project completion. At this time the remainder of the fees due will become payable. Accounts that remain outstanding for 30 days after the date of invoice, may incur an extra charge of 10% of the total outstanding amount.
Payments may be made by Bacs, cheque, or previously agreed electronic funds transfer.
Returned cheques will incur an additional fee of £50 per returned cheque. Count Creation Ltd reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Count Creation Ltd shall be considered entitled to remove Count Creation Ltd’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 customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Count Creation Ltd 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 media to Count Creation Ltd for inclusion in the customer’s brochure or other requirement, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or the rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Count Creation Ltd on behalf of the customer, will remain the property of Count Creation Ltd and/or its suppliers, in which full copyright will be passed to the client upon receipt of full payment.
By supplying images, text, or any other data to Count Creation Ltd, the customer grants Count Creation Ltd permission to use this material freely in the pursuit of the design and to utilise the designs in Count Creation Ltd’s portfolio unless agreed otherwise.
Should Count Creation Ltd, or the customer supply an image, text, audio clip or any other media 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 Count Creation Ltd to remove and/or replace the file.
The customer agrees to fully indemnify and hold Count Creation Ltd free from harm in any and all claims resulting from the customer not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that Count Creation Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea, or code created for the customer by Count Creation Ltd, 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 Count Creation Ltd and any of its relevant sub-contractors.
All design work where there is a risk that another party may 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. Count Creation Ltd will not be held responsible for any and all damages resulting from such claims. Count Creation Ltd is not responsible for any loss, or consequential loss, or non-delivery of products or services, of whatever cause. The customer agrees not to hold Count Creation Ltd responsible for any such loss or damage. Any claim against Count Creation Ltd shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Count Creation Ltd’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Count Creation Ltd in electronic format as standard text (.txt), MS Word (.doc) on CD, USB data stick, or via e-mail.
Images that are supplied in an electronic format, are to be provided in a format as prescribed by Count Creation Ltd via CD, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Count Creation Ltd will not be held responsible for any image quality which the client later deems to be unacceptable. Count Creation Ltd 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, media conversion, digital image processing, or data entry services.
Design Project Duration
Any indication given by Count Creation Ltd of a project’s duration is to be considered by the customer to be an estimation.
Design Project Completion
Count Creation Ltd considers the design project complete upon receipt of the customer’s sign-off. 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.
Once a digital project is complete, Count Creation Ltd will provide the customer with the opportunity to review the resulting work. Count Creation Ltd 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 the 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 Count Creation Ltd by email or post.
Count Creation Ltd will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Count Creation Ltd offers a limited hosting service through an outsourced server. Regularly, scheduled website backups are taken. Count Creation Ltd does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Count Creation Ltd may request that clients change the type of hosting account used if that account is deemed by Count Creation Ltd to be unacceptable. Fees for Count Creation Ltd’s hosting service are due at the commencement of any period of service and are non-refundable. Fees due to third-party hosting organisations are the responsibility of the client and Count Creation Ltd are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer/domain owner.
Duration and Renewal of Hosting Services
Unless otherwise specified, services are provided for a minimum contract term of 12 months and unless canceled in writing will automatically be renewed for the billing period chosen on sign-up. You are entitled to cancel the Services by contacting Count Creation Ltd no less than 3 months prior to the renewal date for your Services.
The customer agrees to allow Count Creation Ltd to place all designs on Count Creation Ltd’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
Count Creation Ltd will not include in its designs, any text, images, or other data that 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. Count Creation Ltd also reserves the right to refuse to include submitted material without giving a reason. Any images and/or data that Count Creation Ltd does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Count Creation Ltd to remove the contravention without hindrance, or penalty. Count Creation Ltd 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 email, however, following this, Count Creation Ltd will need formal notification in writing to the company’s postal address, or via email. 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 Count Creation Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Count Creation Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Count Creation Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. Count Creation Ltd is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable 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 Count Creation Ltd responsible for any such loss or damage. Any claim against Count Creation Ltd shall be limited to the relevant fee(s) paid by the customer.
Count Creation Ltd 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. Count Creation Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Count Creation Ltd and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Count Creation Ltd recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Count Creation Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Count Creation Ltd and validated by the customer’s signature on the estimate or quotation constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Count Creation Ltd.