Terms and Conditions of Service

The following Terms and Conditions of Service apply to all products and services provided by CMYKreative Co., Ltd.

All work is carried out by CMYKreative Co., Ltd. on the understanding that the client has agreed to CMYKreative Co., Ltd's Terms and Conditions.

Copyright is retained by CMYKreative Co., Ltd. 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 designs/visuals/concepts are presented, only the final and approved solution is deemed to be given by CMYKreative Co., Ltd. as fulfilling the contract. All other designs/visuals/concepts remain the property of CMYKreative Co., Ltd., unless agreed in writing that this arrangement has been changed.

Project Acceptance
At the time of Quotation, CMYKreative Co., Ltd. will provide the client with a Estimate, Quotation or Proposal. A copy of the Estimate, Quotation or Proposal is to be signed and dated by the client to indicate acceptance and should be returned to CMYKreative Co., Ltd. Alternatively, the client may send an official order or email confirmation using the client’s company email address in reply to the Estimate, Quotation or Proposal which binds the client to accept CMYKreative Co., Ltd's Terms and Conditions. Payment of an initial deposit indicates the clients acceptance of CMYKreative Co., Ltd's Terms and Conditions and approval from said client to begin work on the project. No work on a project will commence until confirmation and payment has been received by CMYKreative Co., Ltd.

Design Charges
Charges for design services to be provided by CMYKreative Co., Ltd. will be set out in the Estimate, Quotation or Proposal that is provided to the client. At the time of the client's signed acceptance of this Estimate, Quotation or Proposal, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. For new clients, we may require a 100% payment of all quoted costs before a project commences. Work on the project will not commence until CMYKreative Co., Ltd. has received this amount.

Charges for Additional 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, Quotation or Proposal acceptance.

Payment
The client will be provided with an Approval Form and Invoice prior to delivery. At this time the remainder of the amount due will become payable and the client will also be required to sign and return the Approval Form to CMYKreative Co., Ltd. Accounts which remain outstanding for 14 days after the date of invoice, will incur an extra charge of 10% per month of the remaining outstanding amount.

Payments may be made by cash, cheque, credit card, PayPal, international money order or previously agreed electronic funds transfer.

Publication and/or release of work done by CMYKreative Co., Ltd. on behalf of the client, may not take place before cleared funds have been received.

Returned cheques will incur an additional fee of 5,000฿ per returned cheque. CMYKreative Co., Ltd. reserves the right to consider an account to be in default in the event of a returned cheque.

Transfer Fees/Charges
You (the customer) are responsible for any and all bank transfer fees or charges. Banks often charge fees for international transfers. You are responsible for your bank's fees. It is important that you ask your bank exactly how much they will charge you for the transfer, and add this amount to the remitted total. If you do not add it, the fee will be deducted from the transferred money, and you won't have paid enough for your order.

Default
An account shall be considered in default if it remains unpaid for 14 days from the date of invoice, or following a returned cheque. CMYKreative Co., Ltd. shall be considered entitled to remove CMYKreative Co., Ltd.’s and/or the client'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 client of it's obligation to pay the due amount. Customers whose accounts become default agree to pay CMYKreative Co., Ltd. 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 CMYKreative Co., Ltd. for inclusion in the client's website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.

Any artwork, images, text, code or other data supplied, written and/or designed by CMYKreative Co., Ltd. on behalf of the client, will remain the property of CMYKreative Co., Ltd. and/or it's suppliers.

The client may request in writing from CMYKreative Co., Ltd., the necessary permission to use materials (for which CMYKreative Co., Ltd. holds the copyright) in forms or locations other than that for which it was originally supplied, and CMYKreative Co., Ltd. may, at it's discretion, grant this. Such permission must be obtained in writing from CMYKreative Co., Ltd. before CMYKreative Co., Ltd. will allow any of the aforesaid artwork, images, text, code or other data to be used. Where appropriate, additional costs or charges for release of said Copyright may be applied and must be paid in full to CMYKreative Co., Ltd. before any release of Copyright is made.

By supplying images, text, or any other data to CMYKreative Co., Ltd., the client grants CMYKreative Co., Ltd. permission to use this material freely in the pursuit of the design.

Should CMYKreative Co., Ltd., or the client 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 client will agree to allow CMYKreative Co., Ltd. to remove and/or replace the file on the site.

The client agrees to fully indemnify and hold CMYKreative Co., Ltd. free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations/Amendments
The client 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 client also agrees that CMYKreative Co., Ltd. holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing
Any design, copywriting, drawing, idea, code or other form of data created for the client by CMYKreative Co., Ltd. and/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 CMYKreative Co., Ltd. and/or any of it's relevant sub-contractors.

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 alternatively, searches and legal advice sought as to its use. CMYKreative Co., Ltd. will not be held responsible for any and all damages resulting from such claims. CMYKreative Co., Ltd. is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold CMYKreative Co., Ltd. responsible for any such loss or damage. Any claim against CMYKreative Co., Ltd. shall be limited to the relevant fee(s) paid by the client.

Data Formats
The client agrees to CMYKreative Co., Ltd's definition of acceptable means of supplying data to the company.

Text is to be supplied to CMYKreative Co., Ltd. in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM or via e-mail.

Images which are supplied in an electronic format, are to be provided in a format as prescribed by CMYKreative Co., Ltd. on CD-ROM or via e-mail. Images must be of a quality suitable for use without any subsequent image processing, and CMYKreative Co., Ltd. will not be held responsible for any image quality which the client later deems to be unacceptable. CMYKreative Co., Ltd. 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 CMYKreative Co., Ltd. of a design project's duration is to be considered by the client to be an estimation. CMYKreative Co., Ltd. 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 CMYKreative Co., Ltd. for the initial payment or by date confirmed in writing by CMYKreative Co., Ltd.

Rights of Access for Website Construction
The client agrees to allow CMYKreative Co., 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 client also agrees to allow CMYKreative Co., 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.

The client agrees to supply CMYKreative Co., Ltd. with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion
CMYKreative Co., Ltd. considers the design project complete upon receipt of the client's signed Approval Form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc contracted on the clients behalf constitute a separate project and will be treated as a separate charge.

Website design only
Once Website Design is complete, CMYKreative Co., Ltd. will provide the client with the opportunity to review the resulting work. CMYKreative Co., 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 CMYKreative Co., Ltd. by e-mail or fax and confirmed by post.

CMYKreative Co., Ltd. will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.

Hosting websites
CMYKreative Co., Ltd. does not offer in-house hosting services. CMYKreative Co., Ltd. can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. CMYKreative Co., Ltd. may request that clients change the type of hosting account used if that account is deemed by CMYKreative Co., Ltd. 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 CMYKreative Co., Ltd. are not liable for their payment. CMYKreative Co., Ltd. can arrange for hosting and setup of said hosting for a small fee on the clients behalf.

Domain Registration
CMYKreative Co., Ltd. cannot guarantee the availability of any domain name. Where CMYKreative Co., Ltd. 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 until confirmation has been received.

Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site's ranking, CMYKreative Co., Ltd. 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.

Design Credits
The client agrees to allow CMYKreative Co., Ltd. to place a small credit on printed material, exhibition displays, advertisements and/or a link to CMYKreative Co., Ltd's own website on the client'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 client also agrees to allow CMYKreative Co., Ltd. to place websites and other designs, along with a link to the client's site on CMYKreative Co., Ltd's own website for demonstration purposes and to use any designs in its own publicity.

Rights of Refusal
CMYKreative Co., Ltd. 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. CMYKreative Co., Ltd. also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that CMYKreative Co., Ltd. does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow CMYKreative Co., Ltd. to remove the contravention without hindrance, or penalty. CMYKreative Co., Ltd. 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, CMYKreative Co., 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. 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 CMYKreative Co., Ltd. within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer
CMYKreative Co., Ltd. makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. CMYKreative Co., Ltd. will not be held responsible for any and all damages resulting from products and/or services it supplies. CMYKreative Co., Ltd. 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 client agrees not to hold CMYKreative Co., Ltd. responsible for any such loss or damage. Any claim against CMYKreative Co., Ltd. shall be limited to the relevant fee(s) paid by the client.

CMYKreative Co., 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. CMYKreative Co., Ltd. will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

CMYKreative Co., 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. CMYKreative Co., 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.

General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. CMYKreative Co., Ltd. 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 CMYKreative Co., Ltd. and validated by either a received payment or by the client's signature on the Estimate, Quotation or Proposal form or receipt of an official e-mail from said client, constitutes acceptance of the Estimate, Quotation or Proposal and agreement to comply fully with all CMYKreative Co., Ltd's Terms and Conditions and forms a Contract for Business between the signatory and CMYKreative Co., Ltd.

Updated on 27th September 2009.