The following Terms & Conditions of Service apply to all artwork, graphic design, print and services provided by 53˚ Evolution.All design work is carried out by 53˚ Evolution, on the understanding that the client has agreed to abide by 53˚ Evolution’s terms and conditions.Copyright of all graphic design work is retained by 53˚ Evolution, including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.If multiple design concepts are submitted, only one concept is deemed to be given by 53˚ Evolution as fulfilling the contract. All other artwork designs remain the property of 53˚ Evolution, unless agreed in writing.
At the time of proposal, 53˚ Evolution will provide the customer with a written estimate or quotation by post or email as requested.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 53˚ Evolution by email or post. Alternatively, the client may send an official order in reply to the estimate or quotation, which binds the client to accept 53˚ Evolution’s terms and conditions. No project will commence until either document has been received by 53˚ Evolution.
Fees for design services provided by 53˚ Evolution, will be set out in the written estimate or quotation that is provided to the client. At the time of the client’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due on projects worth over £500.00. Work on the project will not commence until 53˚ Evolution has received this amount.
Charges for Other Services
Charges for any additional services over & above the estimated design, will be made known to the client. They will become fully payable at the time of project acceptance. Payment
The client will be asked to provide artwork sign off before being issued with an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Any account that remains outstanding for 30 days after the date of invoice, may incur an extra charge of 10% plus the Bank of England base rate per month of the outstanding amount.Payments to be made by BACS, cheque, or previously agreed electronic funds transfer.Returned cheques will incur an additional fee of £50 per returned cheque. 53˚ Evolution reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. 53˚ Evolution shall be considered entitled to remove 53˚ Evolution’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, printers, photographers and libraries.Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay 53˚ Evolution 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 53˚ Evolution for inclusion in the client’s brochure or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such material will remain with the client, or rightful copyright or trademark owner.Any artwork, images, or text supplied and/or designed by 53˚ Evolution on behalf of the client, will remain the property of 53˚ Evolution and/or its suppliers, in which full copyright will be passed to the client upon receipt of full payment.By supplying images, text, or any other data to 53˚ Evolution, the client grants 53˚ Evolution permission to use this material freely in the pursuit of the design and to utilise the designs in 53˚ Evolution’s portfolio unless agreed otherwise.Should 53˚ Evolution, 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 client will agree to allow 53˚ Evolution to remove and/or replace the file.The customer agrees to fully indemnify and hold 53˚ Evolution 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 53˚ Evolution holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the client by 53˚ Evolution, 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 53˚ Evolution and any of it’s relevant sub-contractors.
All design work where there is a risk that another party may 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. 53˚ Evolution will not be held responsible for any and all damages resulting from such claims. 53˚ Evolution is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold 53˚ Evolution responsible for any such loss or damage. Any claim against 53˚ Evolution shall be limited to the relevant fee(s) paid by the client.
The client agrees to 53˚ Evolution’s definition of acceptable means of supplying data to the company.Text is to be supplied to 53˚ Evolution in electronic format as standard text (.txt), MS Word (.doc) on CD, USB data stick, or via e-mail.Images that are supplied in an electronic format are to be provided in a format as prescribed by 53˚ Evolution via CD, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and 53˚ Evolution will not be held responsible for any image quality which the client later deems to be unacceptable.
53˚ Evolution cannot be held responsible for the quality of any images that 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 53˚ Evolution of a design project’s duration is to be considered by the customer to be an estimation. 53˚ Evolution cannot be held responsible for any project over-runs, whatever the cause.
Design Project Completion
53˚ Evolution considers the design project complete upon receipt of the client’s approval. Other services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Design Project Artwork Retention
53˚ Evolution will offer to return all artwork after completion. Projects will remain on 53˚ Evolution's servers for a maximum of 3 months. All work will be removed & deleted after this period, unless otherwise agreed. A storage charged will be applicable. Any work requested after deletion will be charged for recovery at £100 per project. 53˚ Evolution cannot be held responsible for any project that cannot be recovered.
Website Design Only
Once web design is completed, 53˚ Evolution will provide the client with the opportunity to review the resulting work. 53˚ Evolution 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 53˚ Evolution by email or post.53˚ Evolution 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.
53˚ Evolution offers a limited hosting service through an out-sourced server. 53˚ Evolution does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. 53˚ Evolution may request that clients change the type of hosting account used if that account is deemed by 53˚ Evolution to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for 53˚ Evolution’s hosting service are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and 53˚ Evolution are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the client/domain owner.
Duration and Renewal of Hosting Services
Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in writing will automatically be renewed for the billing period chosen on sign up. You are entitled to cancel the services by contacting 53˚ Evolution no less than 3 months prior to the renewal date for your Services.
The client agrees to allow 53˚ Evolution to place a small credit on printed material, exhibition displays, advertisements and/or a link to 53˚ Evolution’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 53˚ Evolution to place all designs on 53˚ Evolution’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
53˚ Evolution 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. 53˚ Evolution also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that 53˚ Evolution does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow 53˚ Evolution to remove the contravention without hindrance, or penalty. 53˚ Evolution 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, 53˚ Evolution 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 53˚ Evolution within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
53˚ Evolution makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. 53˚ Evolution will not be held responsible for any and all damages resulting from products and/or services it supplies. 53˚ Evolution 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 53˚ Evolution responsible for any such loss or damage. Any claim against 53˚ Evolution shall be limited to the relevant fee(s) paid by the client.
53˚ Evolution 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. 53˚ Evolution will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
53˚ Evolution 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. 53˚ Evolution 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.
These Terms & Conditions supersede any previous Terms & Conditions distributed in any form. 53˚ Evolution reserves the right to change any rates and any of the Terms & Conditions at any time and without prior notice.
Acceptance of Quotation & Terms and Conditions
The placement of an order for design and/or any other services offered by 53˚ Evolution and validated by the client’s signature on the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms & Conditions and forms a Contract for Business between the signatory and 53˚ Evolution.