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Terms and condition
The following Terms and Conditions of Service apply to all products and services provided by Yellow Studio and in the event of any dispute are governed by the laws of London.
All work is carried out by Yellow Studio on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Yellow Studio 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 designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Yellow Studio, unless specifically agreed in writing.
Project Acceptance
At the time of proposal, Yellow Studio will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Yellow Studio website.
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 Yellow Studio.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the Yellow Studio Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Design Charges
Charges for design services to be provided by Yellow Studio 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 payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
Source Files
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Payment
The customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to Yellow Studio.
Any invoice queries must be submitted by email within 14 days of the invoice date. Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Bank of London Base Rate plus 8% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card. Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery.
Publication and/or release of work done by Yellow Studio on behalf of the client, may not take place before cleared funds have been received. Returned cheques will incur an additional fee of £50 per returned cheque. Yellow Studio reserves the right to consider an account to be in default in the event of a returned cheque.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Yellow Studio shall be entitled to remove Yellow Studio ‘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 all Yellow Studio ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Yellow Studio 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.
Any artwork, images, or text supplied and/or designed by Yellow Studio on behalf of the customer, will remain the property of Yellow Studio and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from Yellow Studio, the necessary permission to use materials (for which Yellow Studio holds the copyright) in forms other than for which it was originally supplied, and Yellow Studio may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not Yellow Studio.
The customer agrees to fully indemnify and hold Yellow Studio 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.
Alterations
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that Yellow Studio holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, drawing, idea or code created for the customer by Yellow Studio, 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 Yellow Studio and any of its relevant sub-contractors. 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 or first use or searches and legal advice sought as to its use.
Yellow Studio will not be held responsible for any and all damages resulting from such claims. Yellow Studio is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Yellow Studio responsible for any such loss or damage.
Disclaimer
Yellow Studio makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Yellow Studio will not be held responsible for any and all damages resulting from products and/or services it supplies. Yellow Studio 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 Yellow Studio responsible for any such loss or damage. Any claim against Yellow Studio shall be limited to the relevant fee(s) paid by the customer.
Yellow Studio 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. Yellow Studio will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Yellow Studio, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.yellowstud.io.
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, 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 Yellow Studio.
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