Terms and Conditions
The following Terms and Conditions of Service apply to all products and services provided by sdl design. All work is carried out by sdl design on the understanding that the client has agreed to sdl design's Terms and Conditions.
Full copyright is retained by sdl design on all design work including words, pictures, ideas, visuals and illustrations (unless specifically released in writing) until after all invoices have been settled.
If a choice of design is presented, only one of them is deemed to be given by sdl design as fulfilling the contract. All other designs remain the property of sdl design unless agreed in writing that this arrangement has been changed.
Project Acceptance
At the time of proposal, sdl design will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on the sdl design website.
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 sdl design. Alternatively, the client may send an official order in reply to the estimate or quotation, which binds the client to accept sdl design’s terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation has been received by sdl design.
Design Charges
Charges for design services to be provided by sdl design will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer'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. Work on the project will not commence until sdl design has received this amount.
For projects shorter than a month, the remaining 50% of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
If the work extends beyond one month, interim invoices will be issued at the end of each month relating to work done in that month, or on completion of relevant phases of the project.
Source Files
Charges for design work do not cover the release of copyright design files including indd, psd, png, fla or any other source files; if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for Other 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 or quotation acceptance.
All accounts should be settled within 14 days of the invoice unless otherwise agreed.
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 sdl design. 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.
Payments may be made by online transfer, cash, or previously agreed electronic funds transfer. Publication and/or release of work done by sdl design on behalf of the client, may not take place before cleared funds have been received.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. sdl design shall be considered entitled to remove sdl design 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 customer of its obligation to pay the due amount. Customers whose accounts become default, agree to pay sdl design 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 sdl design 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 sdl design on behalf of the customer, will remain the property of sdl design and/or its suppliers. The customer may request in writing from sdl design, the necessary permission to use materials (for which sdl design holds the copyright) in forms other than for which it was originally supplied, and sdl design 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 sdl design, the customer grants sdl design permission to use this material freely in the pursuit of the design. Should sdl design, 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 sdl design to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold sdl design 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.
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 sdl design 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 customer by sdl design, or any of its 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 sdl design and any of its 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 searches and legal advice sought as to its use. sdl design will not be held responsible for any and all damages resulting from such claims. Any claim against sdl design shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to sdl design’s definition of acceptable means of supplying data to the company.
Text is to be supplied to sdl design in electronic format as standard text (.txt), MS Word (.docx) on CD-ROM, or via e-mail / FTP. Images which are supplied in an electronic format are to be provided in a format as specified by sdl design via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and sdl design will not be held responsible for any image quality, which the client later deems to be unacceptable. sdl design 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, colour correction and alteration of images.
Design Project Duration
Any indication given by sdl design of a design project's duration is to be considered by the customer to be an estimation. sdl design 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 sdl design for the initial payment or by date confirmed in writing by sdl design.
Rights of Access for Website Construction
The client agrees to allow sdl design 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 sdl design 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 customer agrees to supply sdl design 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
sdl design 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., contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Website design only
Once web design is complete, sdl design will provide the customer with the opportunity to review the resulting work. sdl design 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 sdl design by e-mail or post.
sdl design 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.
Domain Registration
sdl design cannot guarantee the availability of any domain name. Where sdl design 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.
Search Engine Submission
Due to the unknown number of considerations that search engines use when determining a site's ranking, sdl design 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. sdl design recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
Design Credits
The customer agrees to allow sdl design to place a small credit on printed material exhibition displays, advertisements and/or a link to sdl design’s 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.
The customer also agrees to allow sdl design to place websites and other designs, along with a link to the client's site on sdl design own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
sdl design 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. sdl design also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that sdl design does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow sdl design to remove the contravention without hindrance, or penalty. sdl design 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 e-mail, however, following this, sdl design 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 sdl design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
sdl design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. sdl design will not be held responsible for any and all damages resulting from products and/or services it supplies. sdl design is not responsible for any loss, or consequential loss of data, 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 sdl design responsible for any such loss or damage. Any claim against sdl design shall be limited to the relevant fee(s) paid by the customer.
sdl design 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. sdl design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
sdl design 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. sdl design 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 and Conditions supersede any previous Terms and Conditions distributed in any form. sdl design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by sdl design, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at sdl-design.eu. An estimate 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 sdl design.
Date: 16/03/2016