Terms and Conditions...
All work is carried out by Miles Essex (MOE Limited) on the understanding that the client has agreed to these terms and conditions.
Copyright
Copyright is retained by Miles Essex on all design work, including words, pictures, ideas, visuals and illustrations unless specifically released in writing.
Project Acceptance
At the time of proposal, Miles Essex will provide the customer with a written estimate or quotation prior to any work commencing OR agree to an hourly rate. All discussion relating to charging should be addressed prior to work commencing No work on a project will commence until both parties have agreed to the charging structure
Design Charges
Charges for design services to be provided by Miles Essex, will be set out in the written estimate or quotation that is provided to the customer either by post or email.
Printing Charges
If the client has opted for Miles Essex to handle the printing of their work the balance of the printing will be due prior to reprographics or printing taking place. The balance of the design will be due on completion of the work.
Payment
Payment is due within 30 days of the date specified on the invoice for services unless by prior arrangement. Payments may be made by BACS, bank transfer, cash, or cheque. Returned cheques will incur an additional fee of £20 per returned cheque. Miles Essex reserves the right to consider an account to be in default in the event of a returned cheque.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque.
Copyrights and Trademarks
By supplying text, images and other data to Miles Essex 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 Miles Essex on behalf of the customer, will remain the property of Miles Essex and/or it's suppliers. The customer may request in writing from Miles Essex, the necessary permission to use materials (for which Miles Essex holds the copyright) in forms other than for which it was originally supplied, and Miles Essex may, at his 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 Miles Essex, the customer grants Miles Essex permission to use this material freely in the pursuit of the design. The customer agrees to fully indemnify and hold Miles Essex 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.
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 a separate charge. The customer also agrees that Miles Essex holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, drawing, idea or code created for the customer by Miles Essex, 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 Miles Essex and any of it's relevant sub-contractors.
Design Project Completion
Miles Essex considers the design project complete upon receipt of the customer's 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.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site's ranking, Miles Essex 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.
Portfolio Work
The customer also agrees to allow Miles Essex to place websites and other designs, along with a link to the client's site on Miles Essex’s own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
Miles Essex 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. Miles Essex also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Miles Essex does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Miles Essex to remove the contravention without hindrance, or penalty. Miles Essex is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Miles Essex 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 Miles Essex within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
Miles Essex makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Miles Essex will not be held responsible for any and all damages resulting from products and/or services it supplies. Miles Essex is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take resonable steps to investigate the materials we recommend, we accept no responsibility for the performace or quality of materials or any consequential loss arising from their failure. Miles Essex 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. Miles Essex will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Miles Essex 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 Miles Essex.