“MASTER AD LTD” is MASTER AD LTD, a company duly incorporated and operating under the laws of England and Wales.
“The Client” means the party, or any person acting on their behalf with whom the Company contracts.
The following Terms and Conditions of Service apply to all products and services provided by MASTER AD LTD (hereinafter referred to as MASTER AD LTD).
All work is carried out by MASTER AD LTD on the understanding that the client has agreed to MASTER AD LTD’s Terms and Conditions.
Copyright is retained by MASTER AD LTD on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and only after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by MASTER AD LTD as fulfilling the contract. All other designs remain the property of MASTER AD LTD, unless agreed in writing that this arrangement has been changed.
1. Acceptance of Work
1.1. At the time of proposal, MASTER AD LTD will provide the customer with a written estimate or quotation.The Terms and Conditions can be read on MASTER AD LTD website at http://masterad.co.uk/terms-and-conditions/
1.2. 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 MASTER AD LTD. Alternatively, the client may send an email acknowledging acceptance of the quotation or indicate acceptance of the quotation through online accounting systems. No work on a project will commence until acceptance of the quotation has been received by MASTER AD LTD.
1.3. Quotations are valid for 7 days from date of issue.
1.4. Any other services which have not been included in the quotation do not form part of the contract. The Client agrees to check the details of the quotation are correct and should print and keep a copy for their records.
1.5. MASTER AD LTD is liable to withdraw from a contract at any time prior to acceptance.
1.6. Additional work requested by the Client which is not specified in the agreed quotation is subject to an additional quotation by MASTER AD LTD on receipt of specification. If the work is needed as part of an existing project then this may the effect timescale and overall delivery time of the project.
1.7. The Client agrees to provide any needed information and content required by MASTER AD LTD in good time to enable MASTER AD LTD to complete a design as part of an agreed project.
2. Design Charges
2.1. Charges for design services to be provided by MASTER AD LTD will be set out in the written estimate or quotation that is provided to the customer.
2.2. At the time of the customer’s placement of an order for design and/or any other services offered by MASTER AD LTD and validated by the customer’s signature and date on the estimate or via email acknowledging acceptance of the quotation or acceptance through online accounting systems, indicating acceptance of the Terms & Conditions, a minimum non-refundable deposit of 50% of the quoted fee will become immediately due (this percentage may vary depending on the type of work being undertaken). Work on the project will not commence until MASTER AD LTD has received this amount.
2.3. The remaining balance of the project quotation total (plus any additional costs incurred) will be due upon completion of the work prior to upload to the server or release of materials.
3. Source Files
3.1. The client is paying for the final product, not the tools to create that product.
3.2. Charges for design work do not cover the release of source design files including indd, psd, png, fla, ai, eps or any other source files; if the Client requires these files, they will be subject to a separate quotation or buy-out charge. The exception to this is logo files, which will always be supplied as eps with fonts outlined.
4. Charges for Other Services
4.1. 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.
4.2. MASTER AD LTD accepts no responsibility for any 3rd party services quality, such as printing.
4.3. MASTER AD LTD will source printing on behalf of our clients. However MASTER AD LTD accepts no responsibility for any 3rd party services quality.
4.4. MASTER AD LTD will charge a handling fee for sourcing print quotations, liaising with client, uploading print ready files and liaising with printers for delivery.
4.5. Should any issues arise, MASTER AD LTD will mediate on the client’s behalf but any issues arising with printing does not mean payment for any invoices can be withheld, for any reason.
5.1. The customer will be provided with an Approval Form and Invoice prior to final publication.
5.2. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to MASTER AD LTD.
5.3. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 8% per month of the outstanding amount plus any penalties or administration fees as deemed appropriate by MASTER AD LTD.
5.4. Payments may be made by online transfer, cheque, or (for overseas customers), Pound Sterling International Money Order or previously agreed electronic funds transfer.
5.5. Publication and/or release of work done by MASTER AD LTD on behalf of the client, may not take place before cleared funds have been received.
5.6. Returned cheques will incur an additional fee of £50 per returned cheque. MASTER AD LTD reserves the right to consider an account to be in default in the event of a returned cheque.
5.7. Any associated fees for any payment types or currency conversion charges must be covered by the client.
5.8. Payment for websites projects Standard terms for website projects are 50% deposit prior to beginning work, 25% due at 3/4 stage and 25% prior to final file transfer. These are applicable in all cases unless a site is being built on the clients own server, in which case 100% is due in advance or if the client changes the dates of the project (in this instance, payment will fall due at the time of the expected project completion).
6.1. An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. MASTER AD LTD shall be considered entitled to remove MASTER AD LTD 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.
6.2. Customers whose accounts become default agree to pay MASTER AD LTD reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
7. Copyrights and Trademarks
7.1. By supplying text, images and other data to MASTER AD LTD for inclusion in the customer’s 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.
7.2. Any artwork, images, or text supplied and/or designed by MASTER AD LTD on behalf of the customer, will remain the property of MASTER AD LTD and/or its suppliers.
7.3. The customer may request in writing from MASTER AD LTD, the necessary permission to use materials (for which MASTER AD LTD holds the copyright) in forms other than for which it was originally supplied, and MASTER AD LTD 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.
7.4. By supplying images, text, or any other data to MASTER AD LTD, the customer grants MASTER AD LTD permission to use this material freely in the pursuit of the design.
7.5. Should MASTER AD LTD, 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 MASTER AD LTD to remove and/or replace the file on the site.
7.6. The customer agrees to fully indemnify and hold MASTER AD LTD 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.
8.1. 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.
8.2. The standard number of revisions per project is two (2). It is the clients responsibility to provide a clear brief before any project commences. 8.3. The customer also agrees that MASTER AD LTD holds no responsibility for any amendments made by any third party, before or after a design is published.
9.1. Any design, copywriting, drawing, idea or code created for the customer by MASTER AD LTD 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 MASTER AD LTD and any of it’s relevant sub-contractors.
9.2. 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. MASTER AD LTD will not be held responsible for any and all damages resulting from such claims. MASTER AD LTD is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold MASTER AD LTD responsible for any such loss or damage. Any claim MASTER AD LTD shall be limited to the relevant fee(s) paid by the customer.
10. Data Formats
10.1. The client agrees to MASTER AD LTD definition of acceptable means of supplying data to the company.
10.2. Text is to be supplied to MASTER AD LTD in electronic format as standard text (.txt), MS Word (.doc) on USB/Memory stick or via e-mail/FTP. Pdf, for example, is not an acceptable format for receiving text.
10.3. Images which are supplied in an electronic format are to be provided in a format as prescribed by MASTER AD LTD via USB/Memory stick or e-mail / FTP.
10.4. Images must be of a quality suitable for use without any subsequent image processing, and MASTER AD LTD will not be held responsible for any image quality which the client later deems to be unacceptable. MASTER AD LTD cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
10.5. 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.
11. Design Project Duration
11.1. Any indication given by MASTER AD LTD of a design project’s duration is to be considered by the customer to be estimation. MASTER AD LTD cannot be held responsible for any project over-runs, whatever the cause.
11.2. Estimated project duration should be deemed to be from the date that cleared funds are received by MASTER AD LTD for the initial payment or by date confirmed in writing by MASTER AD LTD or when all final content for the project is received.
12. Rights of Access for Website Construction
12.1. The client agrees to allow MASTER AD LTD 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 customer also agrees to allow MASTER AD LTD access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
12.2. The customer agrees to supply MASTER AD LTD with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
13. Design Project Completion
13.1. MASTER AD LTD considers the design project complete upon receipt of the customer’s signed Approval form.
13.2. Other services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
14. Website design only
14.1. MASTER AD LTD require that a template is approved by the customer before coding of a site commences.
14.2. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
14.3. Once web design is complete, MASTER AD LTD will provide the customer with the opportunity to review the resulting work.
14.4. MASTER AD LTD 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 MASTER AD LTD by e-mail and confirmed by post.
14.5. MASTER AD LTD will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
15. Search Engine Submission
15.1. Due to the infinite number of considerations that search engines use when determining a site’s ranking, MASTER AD LTD cannot guarantee any particular placement.
15.2. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another.
15.3. Rankings will also vary as new sites are added. MASTER AD LTD recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
16. Design Credits
16.1. The customer agrees to allow MASTER AD LTD or associated company brands to place a small credit on printed material exhibition displays, advertisements and/or a link to MASTER AD LTD or associated company brands 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.
16.2. The customer also agrees to allow MASTER AD LTD or associated company brands to place websites, logos and other designs, along with a link to the client’s site (if MASTER AD LTD chooses to) on MASTER AD LTD, associated company brands own websites or other 3rd party sites for demonstration & portfolio purposes and to use any designs in its own publicity and portfolios, during and after working for the customer.
17. Rights of Refusal
17.1. MASTER AD LTD will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal.
17.2. MASTER AD LTD reserves the right to refuse to handle any media which is; unlawful or inappropriate, any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming and any media which contains a virus or hostile program, any media which constitutes a criminal offense, infringes privacy or copyright.
17.3. All advertising material must conform to all standards laid down by all relevant advertising standards authorities.
17.4. MASTER AD LTD also reserves the right to refuse to include submitted material without giving reason.
17.5. In the situation where any images and/or data that MASTER AD LTD does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow MASTER AD LTD to remove the contravention without hindrance, or penalty. MASTER AD LTD is to be held in no way responsible for any such data being included.
18. Confidentiality and Mutual Non-Disclosure
18.1. All correspondence and documents as well as verbal communications will be treated as confidential between the client and the designer, unless consent has been granted by both parties involved.
19.1. Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, MASTER AD LTD 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.
19.2. 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 MASTER AD LTD within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
20.1. MASTER AD LTD makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.
20.2. MASTER AD LTD will not be held responsible for any and all damages resulting from products and/or services it supplies.
20.3. Responsibility for final approval of any graphic design or website work lies with the customer.
20.4. The customer is expected to proof read any print work produced by MASTER AD LTD before they proceed to print, or before they authorize MASTER AD LTD to proceed to print, or before being made generally available for us.
20.5. No fault can be placed on MASTER AD LTD if the client fails to fully proof read any materials or pick up on any errors whatsoever.
20.6. MASTER AD LTD is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause.
20.7. 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 MASTER AD LTD responsible for any such loss or damage. Any claim against MASTER AD LTD shall be limited to the relevant fee(s) paid by the customer.
20.8. MASTER AD LTD 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.
20.9. MASTER AD LTD will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
20.10.MASTER AD LTD 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. MASTER AD LTD 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.
21.1. These Terms and Conditions supersede any previous Terms and Conditions distributed in any form.
21.2. MASTER AD LTD reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
22. Acceptance of Quotation and Terms and Conditions
22.1. The placement of an order for design and/or any other services offered by MASTER AD LTD and validated by the customer’s signature and date on the estimate or via email acknowledging acceptance of the quotation or acceptance through online accounting systems, constitutes acceptance of the quotation and agreement to comply fully with all the Terms and Conditions. These are freely available at http://masterad.co.uk/terms-and-conditions/ and forms a Contract for Business between the signatory and MASTER AD LTD.
23.1. MASTER AD LTD reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions.
23.2. MASTER AD LTD shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
23.3. This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement.
23.4. This agreement is void where prohibited by law. Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
23.5. Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.
23.6. These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. MASTER AD LTD reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. The latest terms and conditions can be found at the MASTER AD LTD web site at http://masterad.co.uk/terms-and-conditions/ with a date of last update.
23.7. By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
MASTER AD LTD
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