TERMS AND CONDITIONS OF SERVICE
Conditions For Creative and Design Services
The following Terms and Conditions of Service apply to all products and services provided by The Managerie and in the event of any dispute are governed by the laws of England.
All work is carried out by The Managerie on the understanding that the client has agreed to our terms and conditions. These Terms and Conditions can be read at any time on The Managerie website at www.themanagerie.com
Work may be carried out by any suitably qualified member of The Managerie team which may include employees and/or freelancers.
At the time of proposal, The Managerie will provide the customer with a written estimate or quotation by email.
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 The Managerie. 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.
Charges for services to be provided by The Managerie will be set out in the written estimate or quotation that is provided to the customer by email.
Payment is to be made in one instalment unless otherwise stated at the time of order. All fees are payable once the project is complete.
The Managerie will price individual projects based on hours and resources required in order to complete the project.
If the Customer requests design or content alterations to a design that has already been completed, or new content, different than that specified in the original quotation, The Managerie reserves the right to quote separately for these alterations and additions; in case a project is to overrun on hours, you agree to pay the charges at our standard hourly rate. The standard rate is £45.00 per hour.
The customer will be provided with a Proof Email, and an Invoice prior to final publication.
All invoices must be paid within 15 days of the invoiced date except where agreed at The Managerie’s discretion.
The Managerie is not VAT registered and all invoices will therefore be net of VAT.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Payments may be made by online bank transfer or Paypal.
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 The Managerie on behalf of the client, may not take place before cleared funds have been received unless otherwise agreed in writing.
Returned cheques will incur an additional fee of £50 per returned cheque. The Managerie 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.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment.
The Managerie shall be entitled to remove The Managerie‘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 The Managerie’s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
All services are rendered ensuring quality. If at any time in the service rendering process, you are not satisfied with the quality of work, you may bring it to our attention. In general, we will not refund payments on time spent/services rendered, since The Managerie’s charges are based on the hours of work spent on the project. If a Customer contravenes the Company’s terms of service, a refund will not be issued.
Refunds are only possible if we are unable to render the services to you. The refund will be based on any hours that you have paid for but not used. No refunds will be given for hours spent on research, development, design and administration. All deposits are non-refundable under any circumstances.
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 The Managerie holds no responsibility for any amendments made by any third party, before or after a design is published.
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 unless previously agreed. If the Client requires these files for transfer to an in-house or other designer, they may be subject to a separate quotation or ‘buy-out’ charge.
Copyrights and Trademarks
Copyright is retained by The Managerie 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 The Managerie, unless specifically agreed in writing.
By supplying text, images and other data to The Managerie 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 The Managerie on behalf of the customer, will remain the property of The Managerie 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 The Managerie, the necessary permission to use materials (for which The Managerie holds the copyright) in forms other than for which it was originally supplied, and The Managerie 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 The Managerie.
By supplying images, text, or any other data to The Managerie, the customer grants The Managerie permission to use this material freely in the pursuit of the design for the customer.
Should The Managerie, 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 The Managerie to remove and/or replace the file on the sire or media in which it is used.
The customer agrees to fully indemnify and hold The Managerie 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 The Managerie, 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 The Managerie 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.
The Managerie will not be held responsible for any and all damages resulting from such claims.
The Managerie is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold The Managerie responsible for any such loss or damage.
Any claim against The Managerie shall be limited to the relevant fee(s) paid by the customer.
The client agrees to The Managerie’s definition of acceptable means of supplying data to the company.
Text is to be supplied to The Managerie in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by The Managerie via e-mail / FTP or shared folder. Images must be of a quality suitable for use without any subsequent image processing, and The Managerie will not be held responsible for any image quality which the client later deems to be unacceptable.
The Managerie 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, colour correction and alteration of images.
Design Project Duration
Any indication given by The Managerie of a design project’s duration is to be considered by the customer to be an estimation. The Managerie cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by The Managerie for the initial payment or by date confirmed in writing by The Managerie.
Rights of Access for Website Construction
The client agrees to allow The Managerie all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The customer also agrees to allow The Managerie access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply The Managerie with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
The Managerie considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website design only
The Managerie require that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, The Managerie will provide the customer with the opportunity to review the resulting work. The Managerie 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 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 The Managerie by e-mail.
The Managerie 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.
The Managerie offers limited hosting services through a third party server. The Managerie does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
The Managerie may request that clients change the type of hosting account used if that account is deemed by The Managerie to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on The Managerie’s third party server 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 The Managerie are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
The Managerie cannot guarantee the availability of any domain name. Where The Managerie is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, The Managerie cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. The Managerie recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
The customer agrees to allow The Managerie to place websites and other designs, along with a link to the client’s site on The Managerie’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
The Managerie 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. The Managerie also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that The Managerie does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow The Managerie to remove the contravention without hindrance, or penalty. The Managerie 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, The Managerie 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 The Managerie within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
The Managerie makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. The Managerie will not be held responsible for any and all damages resulting from products and/or services it supplies. The Managerie 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 The Managerie responsible for any such loss or damage. Any claim against The Managerie shall be limited to the relevant fee(s) paid by the customer.
The Managerie 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. The Managerie will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. The Managerie reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by The Managerie, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.themanagerie.com
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 The Managerie.