The following Terms and Conditions of Service apply to all products and services provided by Matt Bury.
All work is carried out by Matt Bury on the understanding that the client has agreed to Matt Bury’s Terms and Conditions. Copyright is retained by Matt Bury 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 Matt Bury as fulfilling the contract. All other designs remain the property of Matt Bury, unless agreed in writing that this arrangement has been changed.
Copyright is retained by Matt Bury 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 Matt Bury as fulfilling the contract. All other designs remain the property of Matt Bury, unless agreed in writing that this arrangement has been changed.
1. Project acceptance
At the time of proposal Matt Bury will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Matt Bury’s website. 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 Matt Bury. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Matt Bury’s Terms and Conditions. No work on a project will commence until, either document has been received by Matt Bury.
2. Design charges
Charges for design services to be provided by Matt Bury, 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 and Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Matt Bury has received this amount.
3. Charges for other services
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. Payment
The customer will be provided with an Approval Form and 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 return the Approval Form to Matt Bury. 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 may be made by BACS transfer, cash, cheque, or (for overseas customers, pound Sterling international money Order or previously agreed electronic funds transfer. Publication and/or release of work done by Matt Bury on behalf of the client, may not take place before cleared funds have been received. Returned cheques will incur an additional fee of £50 per returned cheque. Matt Bury reserves the right to consider an account to be default in the event of a returned cheque.
5. VAT
VAT is charged at the current Custom’s & Excise rates and according to current regulations, irrespective of whether or not it is included in a price quotation.
6. Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Matt Bury shall be considered entitled to remove Matt Bury’s 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, production-partners, printers, photographers and libraries. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Matt Bury reasonable legal expenses and third party collection agency fees in the enforcement of these terms and Conditions.
7. Copyrights
and trademarksBy supplying text, images and other data to Matt Bury 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. Any artwork, images, or text supplied and/or designed by Matt Bury on behalf of the customer, will remain the property of Matt Bury and/or his suppliers. The customer may request in writing from Matt Bury, the necessary permission to use materials (for which Matt Bury holds the copyright) in forms other than for which it was originally supplied and Matt Bury may, at his discretion, grant this. Such permission must be obtained in writing before he will allow any aforesaid artwork, images, text, or other data to be used. By supplying images, text, or any other data to Matt Bury, the customer grants Matt Bury permission to use this material freely in the pursuit of the design. Should Matt Bury, 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 Matt Bury to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Matt Bury 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. Alterations
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 separate charge The customer also agrees that Matt Bury holds no responsibility for any amendments made by any third party, before or after a design is published.
9. Proofing
Matt Bury will supply the client with either a hard copy or PDF proof. Whilst Matt Bury endeavours to provide a thorough, error-free service, it s the sole responsibility of the client to check all content of said proof – including spelling, grammar, punctuation and use of images – unless otherwise stipulated by Matt Bury. Matt Bury will provide the client with up to three proofs, unless otherwise agreed at commencement of the project. As a guidance these proofs should progress through the following stages: Proof 1: amendments to general design/layout (including image usage) Proof 2: corrections to text (including grammar and spelling) Proof 3: (final proof) check all content thoroughly and sign off in writing, via email. Matt Bury cannot accept liability for errors with in the copy beyond this stage. When style, type or layout is left to Matt Bury’s judgment, changes therefore made by the client may be charged extra. If a change is requested after final proof has been signed, Matt Bury will do everything he can to make the correction before any printing starts, but Matt Bury cannot guarantee this. Matt Bury accepts no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves Matt Bury of all liability. In some instances, due to time constraints Matt Bury will not be able to supply you with a hard copy (printed) proof, in such instances you will be asked to sign off a final PDF via email. Any changes made after a proof is signed off whether verbally or via email, will result in additional charges.
10. Licensing
Any design, copywriting, drawing, idea or code created for the customer by Matt Bury®, or any of his contractors and/or production partners, 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 Matt Bury and any of his relevant contractors and/or production partners. 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. Matt Bury will not be held responsible for any and all damages resulting from such claims. Matt Bury is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Matt Bury responsible for any such loss or damage. Any claim against Matt Bury® shall be limited to the relevant fee(s) paid by the customer.
11. Data Formats
The client agrees to Matt Bury’s definition of acceptable means of supplying data to the company. Text is to be supplied to Matt Bury® in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM or via email. Images, which are supplied in an electronic format, are to be provided in a format as prescribed by Matt Bury via CD-ROM, DVD, upload or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Matt Bury will not be held responsible for any image quality, which the client later deems to be unacceptable. Matt Bury 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.
12. Design project duration
Any indication given by Matt Bury of a design project’s duration is to be considered by the customer to be an estimation. Matt Bury 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 Matt Bury for the initial payment or by date confirmed in writing by Matt Bury.
13. Rights of access for website construction
The client agrees to allow Matt Bury 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 Matt Bury access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions. The customer agrees to supply Matt Bury with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
14. Design project completion
Matt Bury considers the design project complete upon receipt of the customer’s approval in correspondence. 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.
15. Website design only
Once web design is complete, Matt Bury and his contractors and/or production partners will provide the customer with the opportunity to review the resulting work. Matt Bury and his contractors and/or production partners 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 Matt Bury by e-mail and confirmed. Matt Bury 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.
16. Hosting websites
Matt Bury does not offer in-house hosting services. Matt Bury can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Matt Bury may request that clients change the type of hosting account used if that account is deemed by Matt Bury to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organisation are the responsibility of the client and Matt Bury are not liable for their payment.
17. Domain registration
Matt Bury cannot guarantee the availability of any domain name. Where Matt Bury is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
18. Search engine submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Matt Bury cannot guarantee any particular placement. 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. Rankings will also vary as new sites are added.
19. Design credits
The customer agrees to allow Matt Bury to place a small credit on printed material, exhibition displays, advertisements and/or a link to Matt Bury’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 page. The customer also agrees to allow Matt Bury to place websites and other designs, along with a link to the client’s site on Matt Bury’s own website for demonstration purposes and to use any designs in its own publicity.
20. Rights of refusal
Matt Bury 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. Matt Bury also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Matt Bury does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Matt Bury to remove the contravention without hindrance, or penalty. Matt Bury is to be held in no way responsible for any such data being included.
21. Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Matt Bury 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 Matt Bury within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
22. Disclaimer
Matt Bury makes no warranties of any kind, express or implied, for any and all products and/or services that he supplies. Matt Bury will not be held responsible for any and all damages resulting from products and/or services he supplies. Matt Bury is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While Matt Bury takes reasonable steps to investigate the materials he recommends, he accepts no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Matt Bury responsible for any such loss or damage. Any claim against Matt Bury shall be limited to the relevant fee(s) paid by the customer. Matt Bury reserves the right to use the services of sub-contractors, production partners, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Matt Bury will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
23. General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Matt Bury reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
24. Acceptance of quotations and terms and conditions
The placement of an order for design and/or any other services offered by Matt Bury and validated by correspondence, 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 Matt Bury.
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