terms + conditions
The following Terms and Conditions apply to all products and services provided by Inscape Design Co. LLC (hereinafter referred to as Inscape Design Co) .
All work is carried out by Inscape Design Co on the understanding that the client has agreed to Inscape Design Co's Terms and Conditions. Copyright is retained by Inscape Design Co 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 concept is presented, only one solution is deemed to be given by Inscape Design Co as fulfilling the contract. All other designs remain the property of Inscape Design Co, unless specifically agreed in writing.
At the time of proposal, Inscape Design Co will provide the client with a written estimate or quotation via email. These terms and conditions can be read at any time on the Inscape Design Co website.
A copy of the written estimate or quotation is to be signed and dated by the client to indicate acceptance and should be returned to Inscape Design Co. Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept Inscape Design Co's terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until either document has been received by Inscape Design Co, in addition to non-refundable deposit.
Charges for design services to be provided by Inscape Design Co, will be set out in the written estimate or quotation that is provided to the client. 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 for projects over $1,000 USD. All projects under $1,000 USD require payment in full. Work on the project will not commence until Inscape Design Co has received payment. The remaining 50% of the quoted fee total will be due prior to project finalization or release of materials.
We supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the project scope or request.
Charges for design services 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 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, unless specifically agreed to in writing.
CHARGES FOR OTHER SERVICES
Charges for any additional service(s) requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of quoted amount) at the time of estimate or quotation acceptance.
The client will be provided with a Design Proof/Presentation to review and an invoice prior to project finalization. At this time, the remainder of quoted fee will become payable. Client will also be required to sign and submit the Design Proof/Presentation to Inscape Design Co. Accounts which remain outstanding for 7 calendar days after the date of invoice, will incur an extra charge of 8% every 7 days of the outstanding amount.
Payments may be made by Major Credit/Debit Card and/or previously agreed electronic funds transfer.
Publication and/or release of work done by Inscape Design Co on behalf of the client, may not take place before funds have been fully cleared and received. Once payment has been made, there will be no reimbursement of funds unless agreed by Inscape Design Co in writing. Buyers remorse or use of another designer are not acceptable means for a reimbursement.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Inscape Design Co shall be considered entitled to remove Inscape Design Co and/or the customer's material from any and all computer systems, until the amount due has been paid in full. This encompasses any and all unpaid monies due for services including, but not limited to, logos, branding collateral, design and maintenance, domain registration, hosting, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the client of their obligation to pay the amount due. Clients whose accounts become default agree to pay Inscape Design Co reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
COPYRIGHTS + TRADEMARKS
By supplying text, images, and other data to Inscape Design Co for inclusion in client's project, the client declares that they hold the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, text supplied and/or designed by Inscape Design Co on behalf of the customer, will remain the property of Inscape Design Co and/or its suppliers unless agreed to in writing or a Transfer Agreement has been signed by all parties.
The client may request in writing from Inscape Design Co, the necessary permission to use materials (for which Inscape Design Co hods the copyright) in forms other than for which it was originally supplied, and Inscape Design Co may, at its discretion, grant this. Such permission must be obtained in writing prior to any of the aforesaid artwork, images, text or other data to be used.
By supplying images, text or any other data to Inscape Design Co, the client grants Inscape Design Co to use this material freely in the pursuit of the design.
Should Inscape Design Co, or the client supply an image, text, audio clip or other data for use in a business card, flyer, pamphlet, 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 use limitations, the client will agree to allow Inscape Design Co to remove and/or replace aforesaid file.
The Client agrees to fully indemnify and hold Inscape Design Co free from harm in any and all claims resulting from client not having obtained all the required copyright and/or any other necessary permissions.
Any design, copywriting, drawing, idea or code created for the client by Inscape Design Co, or any of its contractors, is licensed for use by the client upon full payment of remaining fees. In exchange, Inscape Design Co grants a non-exclusive license to exercise the rights in the work and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Inscape Design Co 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 its use.
Inscape Design Co will not be held responsible for any and all damages resulting from such claims.
Inscape Design Co is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees to not hold Inscape Design Co responsible for any such loss or damage.
Any claim against Inscape Design Co shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Inscape Design Co's definition of acceptable means of supplying data to the company.
Text/Copy is to be supplied to Inscape Design Co in an electronic format via Client Portal.
Images which are supplied in an electronic format are to be provided to Inscape Design Co in a format as prescribed by Inscape Design Co via Client Portal. Images must be of a quality suitable for use without any subsequent image processing, and Inscape Design Co will not be held responsible or any image quality which the client later deems to be unacceptable.
Inscape Design Co 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, color correction and alteration of images.
DESIGN PROJECT TIMEFRAME
Any indication given by Inscape Design Co of a design project's timeframe is to be considered by the client to be an estimation. It is of upmost importance that Inscape Design Co exceed expectations, however, due to the uniqueness of each project and client, more time may be needed to execute.
Although an estimation is given, Inscape Design Co cannot and does not guarantee a completion date for any project as timeframes can be extended in cases including, but not limited to, peak times, prolonged client feedback, prolonged material submission and additional refinements.
Estimated project timeframe should be deemed to be the date confirmed in writing by Inscape Design Co. Client is aware that weekends and holidays are not considered business days by Inscape Design Co, and thus not included within timeframe.
Each project in queue, with the exception of web design/development, includes up to 2 refinement rounds. Web design/development includes 1 refinement round. The client agrees that changes required over and above the estimated work or required to be carried out following approval/acceptance of the design proof will be subject to a separate charge.
The client also agrees that Inscape Design Co holds no responsibility for any amendments made by any third party, before or after a design is published.
RIGHTS OF ACCESS FOR WEBSITE CONSTRUCTION
The client agrees to allow Inscape Design Co 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 client also agrees to allow Inscape Design Co 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 client agrees to supply Inscape Design Co with all necessary materials, electronic or otherwise, to create and complete the project, and to supply them in a timely manner.
WEBSITE DESIGN ONLY
Once website design is complete, Inscape Design Co will provide the client with an opportunity to review the resulting work. Inscape Design Co will make one set of minor changes within 7 days of the start of the refinement period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be requested on the website design proof provided to the client by Inscape Design Co.
Inscape Design Co will consider that the client has accepted the original proof, if no notification of changes are received in writing via website design proof from the client, within 7 days of the start of the refinement period.
Inscape Design Co cannot guarantee the availability of any domain name. Where Inscape Design Co is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.
Inscape Design Co does not offer in-house hosting services. Inscape Design Co can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Inscape Design Co may request that clients change the type of hosting account used if that account is deemed by Inscape Design Co to be unacceptable due to poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organization are the responsibility of the client and Inscape Design Co is not liable for their payment.
SEARCH ENGINE SUBMISSION
Due to the infinite number of considerations that search engines use when determining a site's ranking, Inscape Design Co 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.
DESIGN PROJECT COMPLETION
Inscape Design Co considers the design project complete upon receipt of the client's signed and approved website design proof. Other services such as printing, 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.
The client agrees to allow Inscape Design Co to place a small credit on printed material exhibition displays, advertisements and/or a link to Inscape Design Co's own website on the client'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 client also agrees to allow Inscape Design Co to place websites and other designs, along with a link to the client's site on Inscape Design Co's own website for demonstration and to use any designs in its own publicity and portfolios.
RIGHTS OF REFUSAL
Inscape Design Co will not include in its designs, any text, images or other data it deems to be offensive, immoral, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standard authorities. Inscape Design Co also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Inscape Design Co does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow Inscape Design Co to remove the contravention without hindrance, or penalty. Inscape Design Co is to be held in no way responsible for any such data being included.
If for any reason, client wishes to cancel service(s), Inscape Design Co 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, unless paid in full, that will have been made at the time of first booking with Inscape Design Co. The balance of monies must be paid within 30 days.
Please note: Any cancellation which is not formally confirmed in writing and received by Inscape Design Co within 14 days of instruction being issued, will be liable for the full quoted cost of project, if full payment has not already been received.
Inscape Design Co makes no warranties of any kind, express or implied, for any and all products and/or service that it supplies. Inscape Design Co 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 client agrees not to hold Inscape Design Co responsible for any such loss or damage. Any claim against Inscape Design Co shall be limited to the fee(s) paid by the client.
Inscape Design Co 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. Inscape Design Co will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Inscape Design Co and its clients agree to comply with Printers Terms and Conditions.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Inscape Design Co reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
ACCEPTANCE OF TERMS + CONDITIONS AND QUOTATION
The placement of an order for design and/or any other services offered by Inscape Design Co, by email, verbally or in writing, is deemed to be acceptance of these Terms and Conditions, which are freely available at www.inscapedesignco.com
An estimate validated by the client's signature on the estimate or proposal 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 Inscape Design Co.