Last Updated: February 20th, 2015
The following Terms & Conditions of Service apply to all products and services provided by CMYKreative Co., Ltd [hereafter referred to as "CMYKreative"]. All work is carried out by CMYKreative on the understanding that the client has agreed to CMYKreative's Terms & Conditions.
Copyright is retained by CMYKreative 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 to the client, only the final and approved solution is deemed to be given by CMYKreative as fulfilling the contract. All other designs/visuals/concepts remain the property of CMYKreative, unless agreed in writing prior to project completion that this arrangement has been changed.
At the time of Quotation, CMYKreative will provide the client with an 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 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's Terms & Conditions. Payment of an initial deposit indicates the clients acceptance of CMYKreative's Terms & 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
Charges for services to be provided by CMYKreative will be set out in the Estimate, Quotation or Proposal that is provided to the client. At the time of the client's 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 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.
The client will be provided with an 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 Invoice to CMYKreative 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 on behalf of the client, will not take place before cleared funds have been received. Returned cheques will incur an additional fee of 5,000฿ per returned cheque. CMYKreative reserves the right to consider an account to be in default in the event of a returned cheque. Please note that you (the client) are responsible for any and all bank charges, currency conversion fees or transfer fees incurred when making payments to CMYKreative
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 shall be considered entitled to remove CMYKreative'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 its obligation to pay the due amount. Customers whose accounts become default agree to pay CMYKreative reasonable legal expenses and third party collection agency fees in the enforcement of these Terms & Conditions.
Copyrights and Trademarks
By supplying text, images and other data to CMYKreative 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, or text supplied and/or designed by CMYKreative on behalf of the client, will remain the property of CMYKreative and/or its suppliers. The client may request in writing from CMYKreative, the necessary permission to use materials (for which CMYKreative holds the copyright) in forms other than for which it was originally supplied, and CMYKreative 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. By supplying images, text, or any other data to CMYKreative, the client grants CMYKreative permission to use this material freely in the pursuit of the design. Should CMYKreative, 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 to remove and/or replace the file on the site. The client agrees to fully indemnify and hold CMYKreative 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.
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 holds no responsibility for any amendments made by any thirdparty, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the client by CMYKreative 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 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 will not be held responsible for any and all damages resulting from such claims. CMYKreative 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 responsible for any such loss or damage. Any claim against CMYKreative shall be limited to the relevant fee(s) paid by the client.
The client agrees to CMYKreative's definition of acceptable means of supplying data to the company. Text is to be supplied to CMYKreative 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 CMYKreative on CD-ROM or via email. Images must be of a quality suitable for use without any subsequent image processing, and CMYKreative will not be held responsible for any image quality which the client later deems to be unacceptable. CMYKreative 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.
Any indication given by CMYKreative of a design project's duration is to be considered by the client to be an estimation only. CMYKreative 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 for the initial payment or by a date confirmed in writing by CMYKreative
CMYKreative considers any project complete either upon receipt of the client's signed Approval Form, email confirmation or on receipt of any outstanding monies due. 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.
Rights of Access for Website Construction
The client agrees to allow CMYKreative 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 access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms & Conditions. The client agrees to supply CMYKreative with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Website design only
Once Website Design is complete, CMYKreative will provide the client with the opportunity to review the resulting work. CMYKreative 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 by email or fax and confirmed by post. CMYKreative 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.
CMYKreative does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. CMYKreative may request that clients change the type of hosting account used if that account is deemed by CMYKreative 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 are not liable for their payment. CMYKreative can arrange for hosting and setup of said hosting for a small fee on the clients behalf.
CMYKreative cannot guarantee the availability of any domain name. Where CMYKreative 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 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.
The client agrees to allow CMYKreative to place a small credit on printed material, exhibition displays, advertisements and/or a link to CMYKreative'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 to place websites and other designs, along with a link to the client's site on CMYKreative's own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
CMYKreative 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 also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that CMYKreative does include in all good faith, and then finds out that it contravenes these Terms & Conditions, the client is obliged to allow CMYKreative to remove the contravention without hindrance, or penalty. CMYKreative 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 email however, following this, CMYKreative 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 within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
CMYKreative makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. CMYKreative will not be held responsible for any and all damages resulting from products and/or services it supplies. CMYKreative 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 responsible for any such loss or damage. Any claim against CMYKreative shall be limited to the relevant fee(s) paid by the client. CMYKreative 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 & Conditions. CMYKreative will not knowingly perform any actions to contravene these and the client also agrees to be so bound. CMYKreative and its clients agree to comply with Printers Terms & Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. CMYKreative reccommend 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 & Conditions supersede any previous Terms & Conditions distributed in any form. CMYKreative reserves the right to change any rates and any of the Terms & Conditions at any time and without prior notice.
Acceptance of Project and Terms & Conditions
The placement of an order for design and/or any other services offered by CMYKreative and validated by the client's signature on an Invoice, Estimate, Quotation or Proposal or on receipt of an official email from said client, constitutes acceptance of the Invoice, Estimate, Quotation or Proposal and agreement to comply fully with all the Terms & Conditions and forms a Contract for Business between the signatory and CMYKreative.