Ideation Creative Co.’s General Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by IDEATION CREATIVE CO. LLC (hereinafter referred to as” ICC”).
ACCEPTANCE OF TERMS & CONDITIONS
(a) All projects begin with a proposal that outlines the scope of work, timeline estimate and project costs.
(b) At the time of proposal, ICC will provide the customer with a written estimate or quotation that includes the applicable Terms and Conditions. The placement of an order for design and/or any other services offered by ICC, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are also freely available at www.ideationcreative.co.
(c) A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and ICC. All work is carried out by ICC on the understanding that the client has agreed to ICC’s terms and conditions. No work on a project will commence until acceptance of the quotation has been received by ICC.
(a) Charges for all services will be laid out in the scope of work at the time of proposal along with a full payment schedule, including initial project retainer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable retainer will become immediately due. Work on the project will not commence until ICC has received this amount.
(b) All payments are non-refundable and may be made by cash, check or credit card.
(i) Returned checks will incur an additional fee of $50 per returned check. ICC reserves the right to consider an account to be in default in the event of a returned check.
(c) 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 ICC. 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.
(d) Publication and/or release of work done by ICC on behalf of the client, may not take place before cleared funds have been received.
(a) An account shall be considered in default if it remains unpaid for 30 days from the date of invoice, or following a returned check.
(b) ICC shall be considered entitled to remove ICC 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.
(c) 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 ICC reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
ALTERATIONS, ADDITIONAL SERVICES & EXPENSES
(a) The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the project will be liable to a separate charges if not included in the package or in the proposal.
(i) Such charges will be submitted prior to any work being done and will be fully payable at the time of quotation acceptance.
(b) The customer also agrees that ICC holds no responsibility for any amendments made by any third party, before or after a design is published.
(c) Any costs incurred by ICC for postage, stationery and travel expenses are to be paid in full upon provision of supporting receipts.
(a) Cancellation of orders by the client may be made initially by telephone or e-mail, however, following this, ICC 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 retainer that will have been made at the start of the project. The balance of monies due must be paid within 30 days.
(b) ICC reserves the right to refuse service and cancel a project if necessary, including but not limited to Client not providing necessary information, text and graphics in a timely fashion to The Company. ICC will return the balance of any payments bad less all applicable fees have been deducted for work completed via mailed check within 60 days of cancellation.
(c) Any cancellation which is not formally confirmed in writing and received by ICC within 14 days of such instruction being issued will be liable for the full quoted cost of the project.
(d) In the event of cancellation of this assignment, ownership of all copyrights and any original artwork shall be retained by the designer.
PROJECT DURATION & SCHEDULING
(a) ICC will develop estimated production schedules for the Project in consultation with you. We will use reasonable commercial endeavors to carry out the Project in accordance with those production schedules.
(b) Any indication given by ICC of a design project’s duration is to be considered by the customer to be estimation. ICC 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 retaining funds are received by ICC for the initial payment or by date confirmed in
(c) If you delay in providing Client Content or in providing feedback we request, then this may result in:
(i) The delivery deadline changing; or
(ii) If the delivery deadline cannot be moved, extra costs may be incurred; including but not limited to: necessary overtime costs, expediting or rush shipment fees from third-party vendors. We will charge these extra costs as Additional Costs.
(a) ICC shall contact or meet with the Client on a mutually acceptable schedule to report all tasks completed, problems encountered, and recommended changes relating to the Project. The Company shall inform the Client promptly by telephone or email upon discovery of any event or problem that may significantly delay the development of the work.
CONTENT AND MATERIALS SUPPLIED BY YOU
(a) You must supply to ICC all content & images you want used in the Project to the best of your ability, and all other content and materials we reasonably request (Client Content). You must supply all Client Content at or before the commencement of the Project.
(b) You must supply all Client Content in the following digital formats via flash drive, email or ftp:
- Text/Tables/Copy: Microsoft Word or Microsoft Excel (in correct order);
- Images: High resolution (300dpi TIFF or JPEG files);
- Logos: Vector format (Illustrator EPS/AI)
- Diagrams/Maps: Vector format (Illustrator EPS/AI).
(c) We may charge Additional Costs if the Client Content is not provided in the appropriate format set out in this clause for any necessary recreation, repurchasing or additional labor.
RIGHTS OF REFUSAL
(a) ICC 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.
(b) ICC also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that ICC does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow ICC to remove the contravention without hindrance, or penalty. ICC is to be held in no way responsible for any such data being included.
(a) ICC considers the design project complete upon receipt of the customer’s signed Approval form. Other services such as printing, display panel production, photography, website uploading, publishing etc. either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
(a) The customer agrees to allow ICC to place a small credit on printed material exhibition displays, advertisements and/or a link to ICC 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.
(b) The customer also agrees to allow ICC to place websites and other designs, along with a link to the client’s site on ICC own website for demonstration purposes and to use any designs in its own publicity and portfolios.
WEBSITE DESIGN & DEVELOPMENT
(a) The desired domain name and hosting services must be purchased by the client. ICC uses and recommends bluehost.com.
(b) The client agrees to allow ICC 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 ICC access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
(c) ICC requires that a sitemap and wireframe is approved by the customer before coding of a site commences. Any changes to navigation items, colors, structure or content that requires changes to the template will incur an additional charge.
(d Once web design is complete, ICC will provide the customer with the opportunity to review the resulting work. ICC 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, color schemes or any navigation features. Any minor changes can be notified to ICC by e-mail or fax and confirmed by post.
(e) ICC 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.
(f) The Client agrees that the Client is solely responsible for compliance with federal and/or state laws regarding any electronic commerce conducted through their website and will hold harmless. The Company and her subcontractors from any claim, causes of action, penalty, tax, and/or tariff arising from the Client’s use of electronic commerce.
(g) ICC not responsible for server downtime, software issues or any other compatibility issue that may arise after the launch of the site.
(h) Upon completion of the website development, all sites will have sitemaps submitted to major search engines. ICC makes no guarantees of time to appear in search results or rankings.
(i) Projects that include initial SEO will be limited to keyword research and optimization of content for selected keywords.
(ii) Ongoing SEO optimization services are available on a pre-paid, monthly contract.
(i) Website packages do not include future WordPress CMS update compatibility issues for your site.
(j) Continuing website maintenance is available as a separate contract on an ongoing, pre-paid monthly basis.
(k) Upon final payment of your contract and subsequent “go-live”, the Client will be assigned legal ownership of the website including the design and text contained in the finished assembled website. ICC retains the right to display graphics and other Web design elements as examples of their work in their portfolio.
(a) ICC makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. ICC will not be held responsible for any and all damages resulting from products and/or services it supplies. ICC 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 ICC responsible for any such loss or damage. Any claim against ICC shall be limited to the relevant fee(s) paid by the customer.
(b) ICC 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. ICC will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
LIMIT OF LIABILITY
(a) The client is expected to proof read all creative, print and website work produced by ICC before going to print or being uploaded.
CONFIDENTIALITY & NON-DISCLOSURE
(a) Each party agrees to keep confidential, and not to use or disclose except as permitted by these terms and conditions, any Confidential Information of the other party. The parties agree not to disclose these terms and conditions (including any schedules), or any details of a Purchase Order or Quote. This obligation of confidence extends to Confidential Information obtained by a party before entering into this agreement.
(b) The obligation of confidence in paragraph (a) does not apply to Confidential Information to the extent that is required to be disclosed by law or the rules of any stock exchange on which the recipient’s securities are listed, provided that the recipient discloses the minimum amount of Confidential Information required to satisfy the Law or rules.
(c) The Party required to disclose the other Party’s Confidential Information as set out in paragraph (b) must:
(i) Provide a reasonable amount of notice to the other Party of the proposed disclosure;
(ii) Consult with the other Party as to the form of the disclosure; and
(iii) Take all reasonable steps to maintain such Confidential Information in confidence.
(d) Each party must take all steps and do all such things as may be necessary, prudent or desirable in order to safeguard the confidentiality of the Confidential Information of the other party.
COPYRIGHTS & TRADEMARKS
(a) By supplying text, images and other data to ICC 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. Additionally, the customer grants ICC permission to use this material freely in the pursuit of the design.
(b) Any artwork, images, copywriting, text supplied, website layout, etc created and designed by ICC on behalf of the customer, will remain the property of ICC and/or its suppliers. As the rightful owner of this creative, copyright remains with ICC, as per the Copyright and Design Act 1988 and the client agrees that branding and creative may be used by ICC in any future marketing and commercial promotions.
(c) The customer may request in writing from ICC, the necessary permission to use materials (for which ICC holds the copyright) in forms other than for which it was originally supplied, and ICC 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.
(d) Should ICC, 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 ICC to remove and/or replace the file on the site.
(e) The customer agrees to fully indemnify and hold ICC 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 permission.