Terms of Service & Conditions of Engagement
All services provided by Inkdrop Design Ltd are subject to the following terms and conditions.
In these terms of service/engagement
Inkdrop Design is also called “We” or “Inkdrop Design Ltd” in this agreement.
The client means the person or business accepting the terms of this agreement/engagement and is also referred to as “you” or “yourself” in this contractual agreement.
Estimates will be honoured for 30 (business) days.
Estimates that have been provided to you in writing (email), but not accepted will only be honoured within 30 (business) days of the initial date of receipt of the estimate.
Charges and Fees
All new graphic and website design projects require an initial deposit equal to 50% + GST of the estimated total project cost (or no less than $200 + GST) at the time of acceptance.
If the project contains a design phase, then a progress payment as set by Inkdrop Design Ltd is payable on acceptance of the design phase.
The final balance will be due upon completion of the graphic or website design project and must be paid before it is released to the client or published to the internet.
Inkdrop Design Ltd retains the right to hold all project design and development work (with the exception of content and graphics provided by the client), until payment is received in full for such items.
Commencement of Work
Work will begin as soon as is practicable once the terms have been agreed to and the form at the bottom of this page has been received by Inkdrop Design Ltd.
This forms an agreement between Inkdrop Design Ltd and yourself (the client). If for any reason there is any non communication from the client or a change in circumstances occurs which results in the termination of the project, the client agrees to pay for any time spent on the project by Inkdrop Design Ltd – but not yet billed – in full.
The client acknowledges that this is a continuing authority and can only be cancelled by giving Inkdrop Design Ltd 14 days prior notice in writing.
The client accepts that payment terms in relation to Inkdrop Design Ltd’s fees provide that payment is to be made within 14 days of the date of the invoice unless otherwise agreed with Inkdrop Design Ltd in writing.
If payment is outstanding the client accepts that all work will cease until the account is either settled or a satisfactory agreement is in place.
If the outstanding payment relates to a service provided by Inkdrop Design Ltd, that service will be suspended until the account has been paid in full.
A re-establishment fee may also apply.
The initial meeting is always free of charge, any subsequent meetings are chargeable and additional to any project estimates. This includes travel to and from the meeting location.
Web Site Design Credit
All Inkdrop Design Ltd clients will have a small ‘Design (and/or Development) by Inkdrop Design’ text link in the footer of their website on no less than one page.
By hiring Inkdrop Design Ltd to work with you on your website you are agreeing to this, and you understand that this link may not be removed without Inkdrop Design Ltd’s prior consent, or unless some other arrangement has been agreed to – by both parties.
Inkdrop Design Ltd do not host email, however we highly recommend using Google Apps for domain based (email@example.com) email hosting and storage, and can recommend technical support in setting this up for you.
Inkdrop Design Ltd reserves the right to hire subcontractors on any given project should the need arise.
Ownership, Copyright and Source Files
Upon completion of the project and upon full payment for services rendered, Inkdrop Design Ltd transfer all final PDF files as appropriate for printing, or other graphic files as detailed in the job scope and deliverables.
Source Files are not transferred to the client, and remain under copyright to Inkdrop Design Ltd. Charges for design work does not cover the release of copyright design source files, including but not restricted to INND, PSD, AI, raw code or other source files; if the Client requires the source files, they will be subject to a separate quotation or ‘buy-out’ charge.
Software and third party graphics or programs are not transferred to the client, and remain under copyright of their respective owners or publishers.
Inkdrop Design Ltd reserves the right to resell custom design and websites that remain unpaid by the original client. Inkdrop Design Ltd also reserve the right to resell unaccepted mock-ups or other graphics created by Inkdrop Design Ltd but not in legal use by the client.
Inkdrop Design Ltd reserves the right to display website’s and graphics that have been designed and/or built by Inkdrop Design Ltd on this website, and in any marketing material.
Squarespace Website Security, and Administrator Level Access
Inkdrop Design are happy to provide administrator level access to Squarespace built websites.
However – it is important you are aware of the responsibilities this entails.
Deadlines and Time-frames
Inkdrop Design Ltd understands the importance of completing projects in a timely manner.
However, any delays incurred by the client will cause a subsequent and equal delay in any agreed schedules, and will impede Inkdrop Design Ltd’s ability to meet any deadlines previously agreed to at the beginning of the project.
If Inkdrop Design Ltd is unable to communicate with a client on a project for an extended period of time (5 business days) – by phone or email, the project will be put on hold.
Any previously agreed to time-frames or deadlines will be null and void and will need to reassessed upon the resumption of communication.
If an invoice has not been paid within 30 days of the date of issue, all services relating to that invoice shall be suspended.
These services shall be reinstated once payment (in full) has been received.
The client also accepts that a debt recovery process may be put in place if the account remains outstanding, and they will be liable for all debt recovery & legal fees.
If the account remains outstanding after a debt recovery process has been completed the client accepts that they will be default listed.
Services purchased from Inkdrop Design Ltd are provided “as is” without warranty of any kind.
In no event shall Inkdrop Design Ltd be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of their website, design services, web hosting and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the graphic and/or web design work rests with the client.
Please note that by submitting the form below you are agreeing to all of Inkdrop Design Ltd’s terms of service as written above.
Inkdrop Design Ltd reserves the right to change or update these terms at any time without prior notice. If you would like to be notified of updates or changes to these terms, please check the box below.
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