By placing an order with DFCreative, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions: The Client/Customer : The company or individual requesting the services of DFCreative. DFCreative: Primary designer/site owner & employees or affiliates.
General: DFCreative will carry out work only where an agreement is provided either by email, telephone, mail or fax. DFCreative will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between DFCreative and the client, this includes telephone and email agreements.
The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by DFCreative. All design work is carried out by DFCreative on the understanding that the client has agreed to abide by DFCreative’s terms and conditions. Copyright of all graphic design work is retained by DFCreative 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 DFCreative as fulfilling the contract. All other artwork designs remain the property of DFCreative, unless agreed in writing.
Project Acceptance: At the time of proposal, DFCreative will provide the customer with a written estimate or quotation. 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 DFCreative. Alternatively, the client may send an official order or an email in reply to the estimate or quotation which binds the client to accept DFCreative’s terms and conditions. No work on a project will commence until either document has been received by DFCreative.
Payment in full is required prior to artwork being sent to print. Default: An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. DFCreative shall be considered entitled to remove DFCreative’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 it’s obligation to pay the due amount. Customers whose accounts become default agree to pay DFCreative 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 data to DFCreative for inclusion in the customer’s brochure 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 DFCreative on behalf of the customer, will remain the property of DFCreative and/or it’s suppliers, excluding logo design in which full copyright will be passed to the client upon receipt of full payment. The customer may request in writing from DFCreative, the necessary permission to use materials (for which DFCreative holds the copyright) in forms other than for which it was originally supplied, and DFCreative may, at it’s 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. DFCreative reserves the right to charge fees for additional useage. By supplying images, text, or any other data to DFCreative, the customer grants DFCreative permission to use this material freely in the pursuit of the design and to utilise the designs in DFCreative’s portfolio unless agreed otherwise. Should DFCreative, 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 DFCreative to remove and/or replace the file. The customer agrees to fully indemnify and hold DFCreative 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 DFCreative 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 DFCreative, or any of it’s 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 DFCreative and any of it’s 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. DFCreative will not be held responsible for any and all damages resulting from such claims. DFCreative is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold DFCreative responsible for any such loss or damage. Any claim against DFCreative shall be limited to the relevant fee(s) paid by the customer.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by DFCreative via CD-ROM, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and DFCreative will not be held responsible for any image quality which the client later deems to be unacceptable. DFCreative 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 DFCreative of a design project’s duration is to be considered by the customer to be an estimation. DFCreative 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 of the deposit are received by DFCreative.
Design Project Completion: DFCreative considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Design Credits: The customer agrees to allow DFCreative to place a small credit on printed material, exhibition displays, advertisements and/or a link to DFCreative’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 DFCreative to place all designs on DFCreative’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal: DFCreative 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. DFCreative also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that DFCreative does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow DFCreative to remove the contravention without hindrance, or penalty. DFCreative 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 e-mail, however, following this, DFCreative 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 DFCreative within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer: DFCreative makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. DFCreative will not be held responsible for any and all damages resulting from products and/or services it supplies. DFCreative 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 DFCreative responsible for any such loss or damage. Any claim against DFCreative shall be limited to the relevant fee(s) paid by the customer. DFCreative 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. DFCreative will not knowingly perform any actions to contravene these and the client also agrees to be so bound. DFCreative 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. DFCreative recommend 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.
Website Design: Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, DFCreative cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, graphics and any programming code remain the property of DFCreative until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by DFCreative remain the copyright of DFCreative and may only be commercially reproduced or resold with the permission of DFCreative. DFCreative cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Any coding additions to website briefs provided will be carried out at the discretion of DFCreative and may carry an additional cost. Where no charge is made by DFCreative for such additions, DFCreative accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. The client agrees to make available as soon as is reasonably possible to DFCreative all materials required to complete the site to the agreed standard and within the set deadline. DFCreative will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. DFCreative will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner, eg. Any disputes re content/images that have been provided to us for inclusion on the site. DFCreative will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. DFCreative will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
In no event shall DFCreative be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.
• In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk.
• If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.
• We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.
A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.
Database, Application and E-Commerce Development: DFCreative cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use. Any scripts, applications or software (unless specifically agreed) written by DFCreative remain the copyright of DFCreative and may only be commercially reproduced or resold with the permission of DFCreative. Where applications or sites are developed on servers not recommended by DFCreative, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment. The client is expected to test fully any application or programming relating to a site developed by DFCreative before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, DFCreative will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Compatibility: DFCreative will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer and to an acceptable level with Mozilla browsers, such as Firefox. DFCreative can offer no guarantees of correct function with all browser software as they constantly change.
Website Hosting: Whilst DFCreative recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. DFCreative cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. DFCreative reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any web hosting service we provide for clients should the necessity arise.
Website Optimisation: Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites. We use the standard practices when optimizing websites and always aim to achieve a high ranking for your website. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work. DFCreative reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Payment of Accounts: A deposit is required from any new client before any work is carried out. It is the DFCreative policy that any outstanding accounts for work carried out by DFCreative or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with DFCreative. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due. If accounts are not settled or DFCreative have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in County Court Judgements (CCJ’s) being added to the clients credit rating. Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Your Privacy: We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
Complaints Procedure Informal Procedure: Anyone who experiences a problem with their web service provided by DFCreative should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as a url) and clearly outlining the grounds for complaint. DFCreative will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal Complaints Procedure: The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to DFCreative, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.