The following Terms and Conditions of Service apply to all products and services provided by VN Vision Slu. All work is carried out by VN Vision Slu on the understanding that the client has agreed to VN Vision Slu‘s terms and conditions.
Copyright is retained by VN Vision Slu on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and/or after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by VN Vision Slu as fulfilling the contract. All other designs remain the property of VN Vision Slu, unless agreed in writing that this arrangement has been changed.
1. Project Acceptance
At the time of proposal VN Vision Slu will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on VN Vision Slu 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 VN Vision Slu.
Alternatively, the client can answer on the email where estimate has sent out with an “Agreed and Accepted” comment. Also, the client may send an official order in reply to the estimate or quotation which binds the client to accept VN Vision Slu‘ terms and conditions.
No work on a project will commence until either document has been received by VN Vision Slu.
2. Design Charges
Charges for design services to be provided by VN Vision Slu, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s 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 VN Vision Slu has received this amount.
3. 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.
The customer will be provided with an Approval Form and/or Review of the work provided with an 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 submit the Approval Form to VN Vision Slu. 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.
Publication and/or release of work done by VN Vision Slu on behalf of the client, may not take place before full payment have been received. If client released, used and/or publicized the work completed by VN Vision Slu then the work automatically becomes accepted by the client and the client is required to pay the total design fee.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. VN Vision Slu shall be considered entitled to remove VN Vision Slu 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, business cards, flyers, pamphlets, 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 VN Vision Slu reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
6. Copyrights and Trademarks
By supplying text, images and other data to VN Vision Slu for inclusion in the customer’s business cards, flyers, pamphlets, 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.
The customer may request in writing from VN Vision Slu, the necessary permission to use materials (for which VN Vision Slu holds the copyright) in forms other than for which it was originally supplied, and VN Vision Slu 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.
Should VN Vision Slu, or the customer supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, 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 VN Vision Slu to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold VN Vision Slu 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.
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 VN Vision Slu 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 VN Vision Slu, 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 VN Vision Slu 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. VN Vision Slu will not be held responsible for any and all damages resulting from VN Vision Slu is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold VikiNiki Design responsible for any such loss or damage. Any claim against VN Vision Slu shall be limited to the relevant fee(s) paid by the customer.
9. Data Formats
The client agrees to VN Vision Slu‘s definition of acceptable means of supplying data to the company. Text is to be supplied to VN Vision Slu in electronic format as standard text (.txt), MS Word (.doc) on floppy disc, or CD-ROM, or via e-mail.
Images which are supplied in an electronic format are to be provided in a format as prescribed by VN Vision Slu via floppy disc, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and VN Vision Slu will not be held responsible for any image quality which the client later deems to be unacceptable. VN Vision Slu 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.
10. Rights of Access for Website Construction
The client agrees to allow VN Vision Slu 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 VN Vision Slu 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 VN Vision Slu with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
11. Design Project Completion
VN Vision Slu considers the design project complete upon receipt of the customer’s Review and signed Approval form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc, either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
12. Website Design Only
Once web design is complete, VN Vision Slu will provide the customer with the opportunity to review the resulting work. VN Vision Slu 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 VN Vision Slu by e-mail or fax and confirmed by post.
VN Vision Slu 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.
13. Hosting Websites
VN Vision Slu does not offer in-house hosting services, can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. VN Vision Slu may request that clients change the type of hosting account used if that account is deemed by VN Vision Slu 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 organization are the responsibility of the client and VN Vision Slu will not be liable for their payment.
14. Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, VN Vision Slu 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.
15. Design Credits
The customer agrees to allow VN Vision Slu to place a small credit on printed material exhibition displays, advertisements and/or a link to VN Vision Slu 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 VN Vision Slu to place websites and other designs, along with a link to the client’s site on VN Vision Slu own website for demonstration purposes and to use any designs in its own publicity.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, VN Vision Slu 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 VN Vision Slu within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
VN Vision Slu makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. VN Vision Slu will not be held responsible for any and all damages resulting from products and/or services it supplies. VN Vision Slu 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 VN Vision Slu responsible for any such loss or damage. Any claim against VN Vision Slu shall be limited to the relevant fee(s) paid by the customer.
VN Vision Slu 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. VN Vision Slu will not knowingly perform any actions to contravene these and the client also agrees to be so bound. VN Vision Slu and its clients agree to comply with third party Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. VN Vision Slu state that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the project be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. VN Vision Slu 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 VN Vision Slu and validated by the customer’s signature on the estimate or quotation form, or constitutes written acceptance via email 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 VN Vision Slu.
If the agreement was not directly between VN Vision Slu and the client but a third party company and the work on the project has been commenced or finished the client automatically implies agreement to VN Vision Slu Terms and Conditions.
Valid from: 26th June 2015
Last modified: 24th March 2018