general
terms and
conditions
SUMMARY
The following Terms and Conditions of Service apply to all products and services provided by Studio Capo Ser All work is carried out by Studio Capo Ser on the understanding that the client has agreed to Studio Capo Ser Terms and Conditions of Service. Copyright is retained by Studio Capo Ser on all made work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If multiple design concepts are presented, only one concept is deemed to be given by Studio Capo Ser as fulfilling the contract. All other designs remain the property of Studio Capo Ser unless agreed in writing that this arrangement has been changed.
PROJECT ACCEPTANCE
At the time of proposal, Studio Capo Ser will provide the customer with a written estimate or quotation accompanied by these Terms and Conditions. Written approval by e-mail, Whatsapp or other forms of digital communication is required to commence work on a project. If any additional agreements outside of these terms and conditions are made between Studio Capo Ser and the customer, a written quotation must be signed and dated by the customer to indicate acceptance.
CHARGES
Charges for services to be provided by Studio Capo Ser 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 nonrefundable deposit of 40% of the quoted fee will become immediately due. Unless agreed otherwise with the customer, all services require an advance payment of a minimum of fourty (40) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining sixty (60) percent of the project quotation total will be due upon completion of the work.
CHARGES FOR OTHER SERVICES
Charges for any additional services requested during the project that are over and above the estimated quote will become fully payable once the project has been completed.
SOURCE FILES
Studio Capo Ser will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request. Charges for made work do not cover the release of copyright design source files, including but not restricted to indd, psd, ai, png, fla or on their source files or raw code; 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. Studio Capo Ser will retain source files for a minimal period of 12 months after completion of the project, after this period Studio Capo Ser has the right to remove source files from their computer systems.
PAYMENT
The customer will be provided with an invoice once a project has been completed. At this time the remainder of the amount outstanding will become due. Accounts which remain outstanding for 30 days after the date of invoice will incur an extra charge of 5% per week of the outstanding amount. For projects than run over a longer period of time, Studio Capo Ser has the right to ask for part-payments prior to completion of the project. Payments are to be made by bank transfer. Publication and/or release of work done by Studio Capo Ser on behalf of the client may not take place before cleared funds have been received.
DEFAULT
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Studio Capo Ser shall be considered entitled to restrict access to Studio Capo Ser and/or the customer’s material, 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. Restriction of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Studio Capo Ser reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.
COPYRIGHTS AND TRADEMARKS
Any artwork, images, drawings, ideas or text supplied and/or designed by Studio Capo Ser on behalf of the customer, will remain the intellectual property of Studio Capo Ser 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 Studio Capo Ser the necessary permission to use materials (for which Studio Capo Ser holds the copyright) in forms other than for which it was originally supplied, and Studio Capo Ser may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. By supplying text, images and other data to Studio Capo Ser for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions and that they grant Studio Capo Ser permission to use this material freely in the pursuit of the design. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Should Studio Capo Ser 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 Studio Capo Ser to remove and/or replace the file in the design or the customer will agree to pay any relevant fees or royalties. The customer agrees to fully indemnify and hold Studio Capo Ser 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 required to be carried out after acceptance of the draft design will be liable to a separate charge. The customer also agrees that Studio Capo Ser 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 Studio Capo Ser or any of it’s contractors, is licensed for use by the client solely for the project defined in the scope or request, and not for any other purpose and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Studio Capo Ser and any of its relevant sub-contractors. All made 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.
DATA FORMATS
The client agrees to Studio Capo Ser definition of acceptable means of supplying data to the company. Text is to be supplied to Studio Capo Ser in electronic format as: standard text (.txt) or MS Word (.doc) or via e-mail. Images which are supplied in an electronic format, are to be provided in a format as prescribed by Studio Capo Ser via Drive, Dropbox, WeTransfer or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Studio Capo Ser will not be held responsible for any image quality which the client later deems to be unacceptable. Studio Capo Ser 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 Studio Capo Ser of a project’s duration is to be considered by the customer to be an estimation. Studio Capo Ser cannot be held responsible for any project overruns, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Studio Capo Ser for the initial payment or by date confirmed in writing by Studio Capo Ser.
DESIGN PROJECT COMPLETION
Studio Capo Ser considers the project complete upon receipt of the client’s written confirmation of completion. 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.
DESIGN CREDITS
The customer agrees to allow Studio Capo Ser to place a small credit on printed material exhibition displays, advertisements and/or a link to Studio Capo Ser’s own website on the customer’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 customer also agrees to allow Studio Capo Ser to place made work on Studio Capo Ser’s own website and on Social Media for demonstration purposes and to use any made work in its own publicity. With prior agreement and at our discretion any personal data and or private information will be removed.
RIGHTS OF REFUSAL
Studio Capo Ser will not include in its made work 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. Studio Capo Ser also reserves the right to refuse to include submitted material without giving reason. Any text, images or other data that Studio Capo Ser does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Studio Capo Ser to remove the contravention without hindrance, or penalty. Studio Capo Ser is to be held in no way responsible for any such data being included.
CANCELLATION
Cancellation of orders may be made initially by telephone contact or in person, however, following this, Studio Capo Ser will need formal notification in writing. 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 Studio Capo Ser within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
DISCLAIMER
Studio Capo Ser makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Studio Capo Ser will not be held responsible for any and all damages resulting from products and/or services it supplies. Studio Capo Ser 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 Studio Capo Ser responsible for any such loss or damage. Any claim against Studio Capo Ser shall be limited to, and not exceed, the relevant fee(s) paid by the customer. Studio Capo Ser 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. Studio Capo Ser will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
GENERAL
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Studio Capo Ser 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 Studio Capo Ser and validated by the customer’s signature on the estimate or quotation form, 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 Studio Capo Ser.