Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by Differantly. All work is carried out by Differantly on the understanding that the client has agreed to Differantly’s terms and conditions. Copyright is retained by Differantly 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, only one solution is deemed to be given by Differantly as fulfilling the contract. All other designs remain the property of Differantly, unless agreed in writing that this arrangement has been changed.
At the time of proposal, Differantly 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 Differantly. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Differantly’s terms and conditions. No work on a project will commence until either document has been received by Differantly.
Charges for design services to be provided by Differantly, 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 non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Differantly has received this amount.
Charges for Other Service
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The customer will be provided with an Approval Form and/or Review of the work provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and submit the Approval Form to Differantly. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount. Payments must be made by Money Transfet and/or previously agreed electronic funds transfer. Publication and/or release of work done by Differantly on behalf of the client, may not take place before cleared funds have been received.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Differantly shall be considered entitled to remove Differantly and/or the customer’s material from any and all computer systems, until the amount due has been fully paid 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 Differantly 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 Differantly for inclusion in the customer’s business cards, flyers, pamphlets, website 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 Differantly on behalf of the customer, will remain the property of Differantly and/or it’s suppliers. The customer may request in writing from Differantly, the necessary permission to use materials (for which Differantly holds the copyright) in forms other than for which it was originally supplied, and Differantly 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 images, text, or any other data to Differantly, the customer grants Differantly permission to use this material freely in the pursuit of the design. Should Differantly, or the customer supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, 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 Differantly to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Differantly 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.
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 Differantly holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Differantly, 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 Differantly and any of it’s 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. Differantly will not be held responsible for any and all damages resulting from such claims. Differantly is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Differantly responsible for any such loss or damage. Any claim against Differantly shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Differantly’s definition of acceptable means of supplying data to the company. Text is to be supplied to Differantly in electronic format as standard text (.txt), 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 Differantly. Images must be of a quality suitable for use without any subsequent image processing, and Differantly will not be held responsible for any image quality which the client later deems to be unacceptable. Differantly 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 Differantly of a design project’s duration is to be considered by the customer to be an estimation. Differantly 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 Differantly for the initial payment or by date confirmed in writing by Differantly.
Design Project Completion
Differantly considers the design project complete upon receipt of the customer’s Review and signed Approval form. 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.
The customer also agrees to allow Differantly to place websites and other designs, along with a link to the client’s site on Differantly’ own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
Differantly 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. Differantly also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Differantly does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Differantly to remove the contravention without hindrance, or penalty. Differantly is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by e-mail, however, following this, Differantly 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 Differantly within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Differantly makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Differantly will not be held responsible for any and all damages resulting from products and/or services it supplies. Differantly 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 Differantly responsible for any such loss or damage. Any claim against Differantly shall be limited to the relevant fee(s) paid by the customer. Differantly 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. Differantly will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Differantly 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. Differantly 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.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Differantly 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 Differantly 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 Differantly.