terms & conditions

 

The following Terms and Conditions of Service apply to all products and services provided by Resolve Creative Ltd (hereinafter referred to as Resolve Creative) and in the event of any dispute are governed by the laws of Scotland.

All work is carried out by Resolve Creative on the understanding that the client has agreed to our terms and conditions.

Copyright is retained by Resolve Creative 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 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 Resolve Creative, unless specifically agreed in writing.

Project Acceptance

At the time of proposal, Resolve Creative will provide the client with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Resolve Creative website.

A copy of the written estimate or quotation is to be indicated as accepted by email or in writing to Resolve Creative. 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 Resolve Creative Terms & Conditions are what govern the job, not any conditions on the client’s purchase order.


Design Charges

Charges for design services to be provided by Resolve Creative will be set out in the written estimate or quotation that is provided to the client. At the time of the client’s acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, an agreed non-refundable percentage of the quoted fee will become immediately due.


Unless agreed otherwise with the Client, all design services require the advance payment of an agreed percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining amount of the project quotation total will be due upon completion of the work prior to 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 when the project is complete or as agreed with the Client.

Payment

The Client will be provided with an Approval Form or Proof Email, prior to final publication. At this time the remainder of the amount due will become payable and the client will also be required to sign and return the Approval Form or signify approval by email to Resolve Creative.

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 England Base Rate plus 8% on the outstanding amount from the date due until the date of payment. Additionally, for invoices unpaid 60 days after the due date, Resolve Creative reserves the right to impose a surcharge equal to 10% of the outstanding amount, including costs incurred for the recovery of late payments through third parties.

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. 

Publication and/or release of work done by Resolve Creative 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. Resolve Creative 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. Resolve Creative shall be entitled to remove Resolve Creative ‘s and/or the client’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 client of its obligation to pay the due amount.

Clients whose accounts become default agree to pay all Resolve Creative ‘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 Resolve Creative for inclusion in the client’s project, the client declares that it holds 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, or text supplied and/or designed by Resolve Creative on behalf of the client, will remain the property of Resolve Creative and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the client solely for the project defined in the scope or request and not for any other purpose.

The client may request in writing from Resolve Creative, the necessary permission to use materials (for which Resolve Creative holds the copyright) in forms other than for which it was originally supplied, and Resolve Creative 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 Resolve Creative.

By supplying images, text, or any other data to Resolve Creative, the client grants Resolve Creative permission to use this material freely in the pursuit of the design.

Should Resolve Creative, or the client 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 client will agree to allow Resolve Creative to remove and/or replace the file on the site.

The client agrees to fully indemnify and hold Resolve Creative free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations

The client 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 client also agrees that Resolve Creative 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 client by Resolve Creative, 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 Resolve Creative 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.

Resolve Creative will not be held responsible for any and all damages resulting from such claims.

Resolve Creative is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Resolve Creative responsible for any such loss or damage.

Any claim against Resolve Creative shall be limited to the relevant fee(s) paid by the client.

Data Formats

The client agrees to Resolve Creative’s definition of acceptable means of supplying data to the company.

Text is to be supplied to Resolve Creative in electronic format as standard text (.txt), MS Word (.docx)  or via email / FTP or shared folder.

Images which are supplied in an electronic format are to be provided in a format as prescribed by Resolve Creative via email / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Resolve Creative will not be held responsible for any image quality which the client later deems to be unacceptable.

Resolve Creative 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 Resolve Creative of a design project’s duration is to be considered by the client to be an estimation. Resolve Creative 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 Resolve Creative for the initial payment or by date confirmed in writing by Resolve Creative.


Rights of Access for Website Construction

The client agrees to allow Resolve Creative 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 Resolve Creative 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 Resolve Creative 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

Resolve Creative considers the design project complete upon receipt of the client’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

Resolve Creative require that a template is approved by the client before coding of a site commences. Once the template(s) for the web site are approved by the client, 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, Resolve Creative will provide the client with the opportunity to review the resulting work. Resolve Creative 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 Resolve Creative by email.

Resolve Creative will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.

Design Credits

Upon mutual agreement, the client allows Resolve Creative to place a small credit on printed material exhibition displays, advertisements and/or a link to Resolve Creative 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 Resolve Creative to place websites and other designs, along with a link to the client’s site on Resolve Creative’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.

Rights of Refusal

Resolve Creative 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. Resolve Creative also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Resolve Creative does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow Resolve Creative to remove the contravention without hindrance, or penalty. Resolve Creative 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 email. However, following this, Resolve Creative 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 Resolve Creative within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

Resolve Creative makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Resolve Creative will not be held responsible for any and all damages resulting from products and/or services it supplies. Resolve Creative 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 Resolve Creative responsible for any such loss or damage. Any claim against Resolve Creative shall be limited to the relevant fee(s) paid by the client.

Resolve Creative 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. Resolve Creative will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Resolve Creative 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. Resolve Creative 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.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Resolve Creative 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 Resolve Creative, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.resolvecreative.co.uk

An estimate validated by the client’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 Resolve Creative.