The following Terms and Conditions of Service apply to all design work provided by Magnificent Studio Limited.
1.1. All design work is carried out by Magnificent Studio Limited on the understanding that the client has agreed to abide by Magnificent Studio Limited’s terms and conditions.
1.2. Copyright of all design work is retained by Magnificent Studio Limited (unless agreed in writing) until after all invoices have been settled.
1.3. If multiple concepts are submitted, only one concept is deemed to be given by Magnificent Studio Limited as fulfilling the contract. All other designs remain the property of Magnificent Studio Limited (unless agreed in writing).
2. PROJECT ACCEPTANCE
2.1. At the time of proposal, Magnificent Studio Limited will provide the client with a written estimate or quotation. The Terms and Conditions can be read on Magnificent Studio Limited’s website.
2.2. Written acceptance of the estimate or quotation should be returned to Magnificent Studio Limited. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Magnificent Studio Limited’s terms and conditions.
2.3. No work on a project will commence until either form of acceptance has been received by Magnificent Studio Limited.
3.1. Fees for design services to be provided by Magnificent Studio Limited, will be set out in the written estimate or quotation that is provided to the client.
3.2. Projects valued £2,000.00 or greater are subject to a non-refundable deposit of 50% of the quoted amount which will become immediately due. Work on the project will not commence until Magnificent Studio Limited has received this amount.
4.1. The client will be asked to provide artwork approval or project sign-off after which an invoice for the project will be raised. At this time the remainder of the fees due will become payable.
4.2. Payment of the price shall be 30 days following invoice. If the client fails to make any payment within 10 days of it becoming due, Magnificent Studio Limited shall be entitled to charge interest at the rate of 5% per month on the outstanding amounts.
4.3. Payments may be made via Bacs or cheque.
5.1. An account shall be considered default if it remains unpaid for 30 days from the date of invoice.
5.2. Magnificent Studio Limited shall be considered entitled to remove Magnificent Studio Limited’s and/or the client’s material from any and all computer systems, until the amount due has been fully paid.
5.3. Removal of such materials does not relieve the client of their obligation to pay the due amount.
5.4. Clients whose accounts become default agree to pay Magnificent Studio Limited reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
6. COPYRIGHTS & TRADEMARKS
6.1. By supplying text, images and other data to Magnificent Studio Limited for inclusion in the client’s material, 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.
6.2. Any artwork, images, or text supplied and/or designed by Magnificent Studio Limited on behalf of the client, will remain the property of Magnificent Studio Limited and/or it’s suppliers, excluding Logo design in which full copyright will be passed to the client upon receipt of full payment.
6.3. The client may request in writing from Magnificent Studio Limited, the necessary permission to use materials (for which Magnificent Studio Limited holds the copyright) in forms other than for which it was originally supplied, and Magnificent Studio Limited may, at it’s discretion, grant this. Such permission must be obtained in writing before Magnificent Studio Limited will allow any of the aforesaid artwork, images, text, or other data to be used. Magnificent Studio Limited reserves the right to charge fees for additional usage.
6.4. By supplying images, text, or any other data to Magnificent Studio Limited, the client grants Magnificent Studio Limited permission to use this material freely in the pursuit of the design and to utilise the designs in Magnificent Studio Limited’s portfolio unless agreed otherwise.
6.5. Should Magnificent Studio Limited, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, printed item, exhibition, advertisement or any other collateral 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 Magnificent Studio Limited to remove and/or replace the file.
6.6. The client agrees to fully indemnify and hold Magnificent Studio Limited free from harm in any and all claims resulting from the client not having obtained all the required copyright, and/or any other necessary permissions.
7.1. The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the design will be liable to a separate charge.
7.2. The client also agrees that Magnificent Studio Limited holds no responsibility for any amendments made by any third party, before or after a design is published.
8.1. Any design, copywriting, illustration, concept or code created for the client by Magnificent Studio Limited 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 Magnificent Studio Limited and any of it’s relevant sub-contractors.
8.2. 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, first use or searches and legal advice sought as to its use.
8.3. Magnificent Studio Limited will not be held responsible for any and all damages resulting from such claims.
8.4. Magnificent Studio Limited is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause.
8.5. The client agrees not to hold Magnificent Studio Limited responsible for any such loss or damage. Any claim against Magnificent Studio Limited shall be limited to the relevant fee(s) paid by the client.
9. DATA FORMATS
9.1. The client agrees to Magnificent Studio Limited’s definition of acceptable means of supplying data to the company.
9.2. Text is to be supplied to Magnificent Studio Limited in electronic format as standard text (.txt), Word (.docx) on CD, DVD or via e-mail.
9.3. Images which are supplied electronically are to be provided in a format as prescribed by Magnificent Studio Limited via CD, DVD or electronic data format.
9.4. Images must be of a quality suitable for use without any subsequent image processing, and Magnificent Studio Limited will not be held responsible for any image quality which the client later deems to be unacceptable.
9.5. Magnificent Studio Limited cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
9.6. 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.
10. PROJECT DURATION
10.1. Any indication given by Magnificent Studio Limited of a project’s duration is to be considered by the client to be an estimation.
10.2. Estimated project duration should be deemed to be from the date that written acceptance of the project is received by Magnificent Studio Limited.
11. PROJECT COMPLETION
11.1. Magnificent Studio Limited considers the design project complete upon receipt of the client’s sign off.
12.1. The client agrees to allow Magnificent Studio Limited to place a small credit on printed material and/or a link to Magnificent Studio Limited’s own website on the client’s website. This will usually be in the form of a small line of text placed in the footer of the page.
12.2. The client also agrees to allow Magnificent Studio Limited to place all designs on Magnificent Studio Limited’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
13. RIGHTS OF REFUSAL
13.1. Magnificent Studio Limited 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.
13.2. Magnificent Studio Limited also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Magnificent Studio Limited does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow Magnificent Studio Limited to remove the contravention without hindrance, or penalty. Magnificent Studio Limited is to be held in no way responsible for any such data being included.
14.1. Cancellation of orders may be made initially by telephone or e-mail, however, following this, Magnificent Studio Limited 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.
14.2. 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 Magnificent Studio Limited within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
15.1. Magnificent Studio Limited makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.
15.2. Magnificent Studio Limited will not be held responsible for any and all damages resulting from products and/or services it supplies.
15.3. Magnificent Studio Limited 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.
15.4. The client agrees not to hold Magnificent Studio Limited responsible for any such loss or damage. Any claim against Magnificent Studio Limited shall be limited to the relevant fee(s) paid by the customer.
15.5. Magnificent Studio Limited 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. Magnificent Studio Limited will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
16.1. These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Magnificent Studio Limited reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
17. ACCEPTANCE OF QUOTATION AND TERMS & CONDITIONS
17.1. The placement of an order for design and/or any other services offered by Magnificent Studio Limited and validated by the client’s written approval of the estimate or quotation, 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 client and Magnificent Studio Limited.