The following Terms and Conditions of Service apply to all artwork, graphicdesign, print and services provided by CG Marketing
All design work is carried out by CG Marketing on the understanding that the client has agreed toabide by CG Marketing’s terms and conditions.
Copyright of all graphic design work is retained by CG Marketing including copy, concepts, ideas,proofs and illustrations (unless specifically released in writing).If multiple design concepts are submitted, only one concept is deemed to be given by CGMarketing as fulfilling the contract. All other artwork designs remain the property of CGMarketing, unless agreed in writing.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fullypayable by due date on Invoice.
The client will be asked to provided artwork sign off prior to print/artwork/publication. At thistime, 50% of the design, artwork and 100% of print costs may be required. The remainder of thefees due will become payable on due date of invoice. Accounts which remain outstanding for 30days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.
Payments may be made by Cash, Electronic Funds Transfer or Square (2.2% processing fee occurs)
Publication and/or release of work done by CG Marketing on behalf of the client, will only be release with payment.
Payment in full may be required prior to artwork being sent to print.
Default. An account shall be considered default if it remains unpaid for 14 days from the date of invoice.
CG Marketing shall be considered entitled to remove CG Marketing 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. Customers whose accounts become default agree to pay CG Marketing 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 CG Marketing for inclusion in the customer’s brochure 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 CG Marketing on behalf of the customer, will remain the property of CG Marketing and/or it’s suppliers, excluding Logo design in which full copyright will be passed to the client upon receipt of full payment.
The customer may request in writing from CG Marketing, the necessary permission to use materials (for which CG Marketing holds the copyright) in forms other than for which it was originally supplied, and CG Marketing 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. CG Marketing reserves the right to charge fees for additional usage.
By supplying images, text, or any other data to CG Marketing, the customer grants CG Marketing permission to use this material freely in the pursuit of the design and to utilise the designs in CG Marketing’s portfolio unless agreed otherwise.
Should CG Marketing, 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 CG Marketing to remove and/or replace the file.
The customer agrees to fully indemnify and hold CG Marketing 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 CG Marketing holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copy writing, drawing, idea or code created for the customer by CG Marketing, 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 CG Marketing and any of it’s relevant sub-contractors.
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 or first use or searches and legal advice sought as to its use. CG Marketing will not be held responsible for any and all damages resulting from such claims. CG Marketing is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause.
The customer agrees not to hold CG Marketing responsible for any such loss or damage. Any claim against CG Marketing shall be limited to the relevant fee(s) paid by the customer.
The client agrees to CG Marketing’s definition of acceptable means of supplying data to the company. Text is to be supplied to CG Marketing 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 CG Marketing via electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and CG Marketing will not be held responsible for any image
quality which the client later deems to be unacceptable. CG Marketing 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 CG Marketing of a design project’s duration is to be considered by the customer to be an estimation. CG Marketing 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 of the deposit are received by CG Marketing.
Design Project Completion
CG Marketing considers the design project complete once CG Marketing has supplied all agreed to files. Other services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Once web design is complete, CG Marketing will provide the customer with the opportunity to review the resulting work. CG Marketing will make five sets 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 CG Marketing by e-mail.
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
CG Marketing 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.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify CG Marketing and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your
clients’ use of Internet electronic commerce.
The customer agrees to allow CG Marketing to place a small credit on printed material, exhibition displays, advertisements and/or a link to CG Marketing’s 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
The customer also agrees to allow CG Marketing to place all designs on CG Marketing’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
CG Marketing 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. CG Marketing also reserves the right to
refuse to include submitted material without giving reason. Any images and/or data that CG Marketing does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow CG Marketing to remove the contravention without hindrance, or penalty. CG Marketing is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail. The client will then be invoiced for all work completed over and above any non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 14 days.
Please note: any cancellation which is not formally confirmed in writing and received by CG Marketing within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
CG Marketing makes no warranties of any kind, express or implied, for any and all products and/ or services that it supplies. CG Marketing will not be held responsible for any and all damages resulting from products and/or services it supplies. CG Marketing 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 CG Marketing responsible for any such loss or
damage. Any claim against CG Marketing shall be limited to the relevant fee(s) paid by the customer.
CG Marketing 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. CG Marketing will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
CG Marketing 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. CG Marketing 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. CG Marketing 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 CG Marketing by the customer 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 customer and CG Marketing.