Terms and conditions
General Terms of Business
Service Generally
BRANDBOX CREATIVE (BRANDBOX CREATIVE ) and the customer ("Customer") hereby agree to the following terms and conditions with respect to the provisions by BRANDBOX CREATIVE to the Customer of graphic design services that are identified and/or described at /en/packages/ .
The Customer will be provided with the Service in accordance with the design package(s) chosen by the Customer as detailed on the BRANDBOX CREATIVE website. Customer's designs will be created iteratively through a design process based on Creative Briefing-Basic Concepts-Feedback-Revision Stage-Feedback-Revision Stage cycle, ultimately resulting in a final Design.
Creative Briefing and Designs
The Customer is solely responsible for preparing and sending detailed answers to our specification briefing documents ("Creative Briefing"). BRANDBOX CREATIVE is under no obligation to review a Creative Briefing or further feedbacks for any purpose, including accuracy, completeness of information, quality or clarity. BRANDBOX CREATIVE may decide, in its sole discretion, to deny a Creative Briefing or Feedback.
Proofing and Review
When BRANDBOX CREATIVE provides a set of Designs to the Customer, the Customer shall review the Response. If the Customer fails to promptly inform BRANDBOX CREATIVE that the provided Designs are not reasonably responsive to the provided Feedback, the Customer will be deemed to have accepted the Designs. If the Customer notifies BRANDBOX CREATIVE that the Customer considers a Design as not reasonably responsive to the Feedback, the Customer shall provide information regarding amendments or modification to be made to the initial Designs. After providing his feedback, the Customer will be provided with a subsequent set of revisions that conforms to the additional criteria requested by the Customer. In case that the Customer doesn't provide BRANDBOX CREATIVE with his feedback in the form requested by BRANDBOX CREATIVE, the Customer will have no right to consider a Design as not reasonably responsive.
Revision stages
Revision stages consist of the number of revisions as described in the package purchased by customer that incorporate changes requested by the customer in his prior feedback. The purpose of each revision stage is to create designs that move forward in a specific direction from a single design composition chosen by the Customer. The Customer may request changes for the following stage, and the designs will include modifications applied on the Basic Concept chosen or on the revision chosen.
Revision
Revision requests that depart from the current composition or require major graphical changes, will be honored and completed in the same timely manner, however; BRANDBOX CREATIVE reserves the right to charge €100 for each such Revision. No revision work, which requires payment, will be started without authorization from Customer.
Logo Design:
The Customer can approve 1 design as being his logo ("final design"). BRANDBOX CREATIVE will provide the Customer with his logo in the following graphic formats ("set of files"): a) ai file (Adobe Illustrator); b) eps file (Adobe Illustrator); c) gif file (Adobe Photoshop); d) jpg file (Adobe Photoshop). The Customer assumes full responsibility of ensuring the compatibility of the provided logo files with his own system. The Customer acknowledges that some of the graphic formats may not support all the features of the final design due to their own limitations to reproduce the final design.
Customer orders
Payment.
The Customer ordering for any of the available services must pay for the Service in advance, by any of the payment methods provided by BRANDBOX CREATIVE. The Customers will be charged for the Package(s) selected. BRANDBOX CREATIVE will email customer a receipt for the transactions in which the Customer is involved and provide the Customer with all the information necessary to start the design process.
Refunds
If Customer is not satisfied with the Basic Concepts provided by BRANDBOX CREATIVE, Customer may request a refund by completing the Refund Request form, which will be provided to the Customer upon request. Upon timely receipt of the completed form, BRANDBOX CREATIVE will refund the total payment made by Customer, less a fifty-euro (€50.00) service and processing fee. The service and processing fee covers the administrative expenses related to the beginning and interruption of the service. The Customer grants BRANDBOX CREATIVE the right to apply this charge as a result of his request for design services.
Once the Customer requests additional revisions for any of the initial concepts, the Customer shall forfeit the right to the refund as outlined above. Acceptance of such refund shall constitute the Customer's sole and exclusive remedy with respect to such Basic concepts. Should the Customer receive such refund, Customer acknowledges that it will have no right (express or implied) to use any Basic concept or other work product, content, or media, nor any ownership interest in or to the same.
The refund policy will not take effect:
1) If we have received feedback on one or more of the basic concepts
2) If we provided the customer with additional designs, in the manner of revisions or additional designs
3) If the company we are making the logo for closes, changes their name, or their activity.
4) If the project was closed for reason unrelated to our design.
5) If we do not hear back from you for more than 15 days.
Orders canceled by the Customer before the start of the design process will be refunded prior deduction of a fifty-euro (€50.00) service and processing fee.
Project duration
The Customer agrees to provide timely responses to BRANDBOX CREATIVE after receiving status notifications from BRANDBOX CREATIVE. The Customer shall have 15 days to respond to each set of designs sent to the Customer for review. If after 15 days the Customer has failed to respond, BRANDBOX CREATIVE will assume the Project complete and the Project shall be deemed to be complete. At such time, BRANDBOX CREATIVE will have no further obligation to the Customer, and the Customer shall pay BRANDBOX CREATIVE all fees and expenses associated with work performed by BRANDBOX CREATIVE. If required by The Customer, the project can be reactivated by paying a fifty-euro (€50.00) fee.
Prohibited Uses Generally
The Customer is required to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with the use of the Service. Without limiting the foregoing, you agree not to communicate information or other material that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;(iv) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Although BRANDBOX CREATIVE intends to use commercially reasonable efforts to make the Service available, BRANDBOX CREATIVE makes no representation, warranty or covenant that the Service will be available at all times or at any time. Various circumstances may prevent or delay in the delivery of information or designs. BRANDBOX CREATIVE shall not be responsible for any loss, cost, damage or liability that may result.
Ownership; Rights to Use
Rights of BRANDBOX CREATIVE. The Customer grants BRANDBOX CREATIVE a royalty-free, perpetual, irrevocable, sub licensable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, the designs provided by BRANDBOX CREATIVE , for the full term of any intellectual property rights that may exist in such designs to the extent necessary to provide the Customer with the Service and the designs.
Rights of the Customer. Subject to the Customer's compliance with the terms and conditions of this Agreement, the Customer shall own the final design provided to the Customer by BRANDBOX CREATIVE hereunder. The Customer shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final design, with such right, title and interest expressly reserved to BRANDBOX CREATIVE. The customer acknowledges and hereby grants to BRANDBOX CREATIVE the right to use Creative and Revision Briefs, as well as individual designs provided to the Customer, for internal and filing purposes, and in order to display and promote the BRANDBOX CREATIVE Service. The Customer acknowledges that his rights under this Agreement shall be limited solely to the final design chosen by him and that no trade or service marks in or to such final design is being conveyed under this Agreement. The Customer acknowledges that BRANDBOX CREATIVE shall have no obligation or duty to perform trade or service mark searches or inquiries, or the like, in order validate the propriety or legality of the provided compositions.
Accordingly, the Customer is encouraged to perform its own independent searches with regard to the designs provided by BRANDBOX CREATIVE. Furthermore, The Customer acknowledges that BRANDBOX CREATIVE shall have no responsibility or obligation of any kind to assist the Customer in seeking intellectual property protection (i.e., without limitation, trademark registration) for the designs, nor shall BRANDBOX CREATIVE be responsible in otherwise assisting the Customer in any way in the Customer's perfection of the Customer's rights in or to the designs.
Nondisclosure and Privacy
BRANDBOX CREATIVE intends to use commercially reasonable efforts to follow its privacy policy, as such privacy policy may be changed from time to time at BRANDBOX CREATIVE's sole discretion. Notwithstanding the foregoing, BRANDBOX CREATIVE cannot and does not assume any responsibility or liability for any information provided by the Customer to BRANDBOX CREATIVE which may be disclosed by accident or by third parties' illegal acts
Disclaimer
THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." BRANDBOX CREATIVE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO THE CUSTOMER OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR OTHER CONTENT THAT MAY BE PROVIDED BY BRANDBOX CREATIVE.
THE CUSTOMER ACCEPTS THAT THE ELECTRONIC DEVICES AND SOFTWARE USED BY THE CUSTOMER TO REVIEW THE DESIGNS PROVIDED BY BRANDBOX CREATIVE AND ANY THIRD PARTY SYSTEM MAY DISTORT THE COLORS, SHAPES AND EFFECTS USED TO CREATE THE SAMPLES. BRANDBOX CREATIVE DISCLAIMS ANY WARRANTY RELATED TO THE ACCURACY OF THE OUTPUT DEVICES USED BY THE CUSTOMER -WHATEVER IT’S NATURE- AND KEEPS THE RIGHT TO STATE THE SPECIFICATIONS OF A GIVEN DESIGN BY USING STANDARD COLOUR, MEASURE AND DESIGN CODES. THE CUSTOMER WILL ACCEPT THOSE SPECIFICATIONS AS THOSE CORRESPONDING TO THE CHOSEN DESIGN.
BRANDBOX CREATIVE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BRANDBOX CREATIVE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, QUALITY OR OMISSIONS IN THE SERVICE, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY BRANDBOX CREATIVE OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET THE CUSTOMER'S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
Limitation of Remedy
NEITHER BRANDBOX CREATIVE NOR ANY THIRD PARTY SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES WHATSOEVER RELATING IN ANY WAY TO THE SERVICE
Exclusion of Consequential Damages
IN NO EVENT SHALL BRANDBOX CREATIVE OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE PROVIDED BY BRANDBOX CREATIVE , INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE DESIGNS PROVIDED BY BRANDBOX CREATIVE , EVEN IF BRANDBOX CREATIVE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Limits of responsibilities
BRANDBOX CREATIVE is responsible for completion of the deliverables set out in the agreed proposal. The project manager assigned at BRANDBOX CREATIVE is in charge of the day-to-day running of the project and ensuring that BRANDBOX CREATIVE’s obligations are met to the customer’s satisfaction.
Services
BRANDBOX CREATIVE agrees to provide all the services outlined in the attached estimate/ proposal within the criteria specified. If, however, the customer changes any of the criteria during the project requiring additional services, a revision/AA fee will be charged. Additional services will include, but are not limited to, changes in the extent of work, changes in schedule, changes in the complexity of any elements of the project, and any changes made after customer approval has been given for a specific stage of the project according to the agreed-upon schedule, including concept, design, composition, and production of mechanicals. BRANDBOX CREATIVE will keep the Customer informed of additional services that are required and obtain the Customer’s approval for any services that cause the total fees to exceed those outlined in the attached estimate/proposal.
Disbursements
Any budget figures or estimates for reimbursable expenses or implementation charges, such as out-of-pocket expenses, typesetting, printing, fabrication, or installation, are for planning purposes only. BRANDBOX CREATIVE will use his or her best efforts to work within stated budgets but will not be liable if these expenses exceed budgets. When possible, no expenses in excess of the budget will be incurred without the Customer’s written or initialed approval in advance.
The Customer will reimburse BRANDBOX CREATIVE for all out-of-pocket expenses incurred by BRANDBOX CREATIVE on this project. These expenses are listed in the attached estimate/proposal and will be billed at cost plus any surcharge indicated in the attached estimate/proposal for account handling and supervision. Upon the Customer’s request at the start of the project, records for out-of-pocket expenses will be retained by BRANDBOX CREATIVE and will be made available to the Customer upon completion of the project.
Third part (rechargeable) costs & contracts
The project may incur third party rechargeable costs, such as trademark searches, photography, illustrations, copywriting, origination and printing etc. BRANDBOX CREATIVE is happy to act as an agent of the customer in purchasing these requirements. These will be estimated and billed separately from the fees quoted. Third party rechargeable costs are subject to an agency handling commission of 17%.
BRANDBOX CREATIVE may contract with other individuals or companies acting on behalf of the Customer to provide additional services such as writing, photography, illustration, printing, and fabrication. The Customer agrees to be bound by any terms and conditions, including required credits and usage rights, with respect to reproduction of the materials that may be imposed on the BRANDBOX CREATIVE by these third parties
Off-site Consultation Expenses
Initial meeting is free of charge for a no obligation consultation with Rep. Ireland. Any further visits may be charged at our mileage rate of 30 cents per mile return at our discretion.
Electronic Files
If the Customer has requirements for how the project is to be prepared electronically, the Customer must communicate this to BRANDBOX CREATIVE before the project begins. Electronic files and software documents related to the Customer’s project are the property of BRANDBOX CREATIVE and must not be copied, altered, or modified without the written permission of BRANDBOX CREATIVE.
The use of the work
During the final stage of the design process all use of the work must be agreed with BRANDBOX CREATIVE. Not only does this clarify the use of the work, but also ensures that the new design is consistently controlled in the early stages of roll-out.
Rights/Ownership
All tangible materials in all circumstances remain the property of BRANDBOX CREATIVE. All rights and ownership apply to preliminary concepts, works in progress, and finished material, whether the project is completed or canceled. The Customer will be entitled to limited and specific usage rights of such materials only for the purpose of reproduction, after which all materials will be returned, unaltered, to BRANDBOX CREATIVE within thirty days of use.
Upon payment of all fees and expenses, BRANDBOX CREATIVE will grant all reproduction and/or usage rights, as outlined in the attached estimate/proposal, for all approved final materials created by BRANDBOX CREATIVE for this project.
If the Customer wishes to make any additional use of the materials, the Customer agrees to seek permission from BRANDBOX CREATIVE and make such payments as are approved by the parties at that time. Where alterations or retakes are necessary, BRANDBOX CREATIVE will be given the opportunity to make such changes at an agreed additional charge.
Confidentiality
BRANDBOX CREATIVE ensures that a code of conduct is maintained in regard to confidentiality on the nature of the customer’s business and the project in hand, the best practice at BRANDBOX CREATIVE includes:
- All correspondence and documentation expressed to be ‘in confidence’
- Not disclosing any information/ideas/studio practices/or policies to any outside parties
- Ensuring that contracts commissioning sub-contractors require them to keep confidential all information relating to the project.
Customer Approval
The Customer will approve and proofread all final designs and type before the production of mechanicals. The Customer’s approval of all tangible materials and artwork will be assumed after the work has been submitted to the customer for review, unless the customer indicates otherwise in writing.
Design Credits
BRANDBOX CREATIVE will use the work created for the customer for promotional purposes once the project is completed and accept credit and acknowledgement for the design and creation of the work.
BRANDBOX CREATIVE will have the right to include a published credit line on the completed designs or any visual representation. This same credit will be included in any publication of the design by the Customer.
Samples
The Customer will provide BRANDBOX CREATIVE with samples of each printed or manufactured design. These samples will represent the highest quality of work produced.
Schedules/Overtime/Rush Work
At project acceptance BBX can provide an estimated completion date, however we cannot guarantee this date as a final completion date.
BRANDBOX CREATIVE reserves the right to adjust the schedule and/or charge additionally in the event that the Customer fails to meet the agreed-upon deadlines for delivery of information, materials, approvals, payments, and for changes and additions to the services outlined in the package estimate/proposal.
Payment Terms
Deposit of 30% is required before commencement of all projects. Ordering any extra service or package as outlined on our website constitutes a separate project and requires payment of 30% deposit on commencement. Each stage of the process is invoiced on completion. Invoices fall due within 28 days of date of issue. Payments can be made via online credit card payment, bank transfer or check. The Customer will be subject to payment of interest on all overdue amounts not exceeding the maximum amount allowed by law currently 9.50% per annum
VAT
VAT is charged on all fees, disbursements and rechargeables at the prevailing rate which is 21.5%.
FEES
BBX reserve the right to alter our prices at any time without prior notice. If a quote at an original price has been made it will be valid for 28 days and subsequently during the life of the current commission, however additional work may be charged for using the new pricing structure.
Cancellation
In the event of cancellation of this assignment, a cancellation fee will be paid by the Customer and will include full payment for all work completed, expenses incurred, and hours expended. The cancellation fee will be based on the prices outlined in the packages estimate/proposal. Any initial payments that have been received will be credited against any amounts due.
Copyright and Title (legal ownership) of the work
All design work created by designers employed by BRANDDBOX CREATIVE are the property of the company. The copyright and related Rights Act 2000, governs that the legal ownership of all creative work remains with BRANDBOX CREATIVE.
Website Design & Development Terms & Conditions
Data Formats
The customer agrees to BRANDBOX CREATIVE definition of acceptable means of supplying data to the company. Text is to be supplied to BRANDBOX CREATIVE 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 BRANDBOX CREATIVE via floppy disc, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and BRANDBOX CREATIVE will not be held responsible for any image quality which the customer later deems to be unacceptable. BRANDBOX CREATIVE cannot be held responsible for the quality of any images which the customer 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 BRANDBOX CREATIVE of a design project's duration is to be considered by the customer to an estimation. BRANDBOX CREATIVE 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 BRANDBOX CREATIVE for the initial payment or by date confirmed in writing by BRANDBOX CREATIVE.
Rights of Access for Website Construction
The customer agrees to allow BRANDBOX CREATIVE 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 BRANDBOX CREATIVE 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 BRANDBOX CREATIVE with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Project Details
BRANDBOX CREATIVE considers the design project complete upon receipt of the customer's signed. Approval form or when signoff is indicated within customer’s project section of BRANDBOX CREATIVE website.
BRANDBOX CREATIVE will initially place the customer's web site on a demonstration server in order that the customer may view and comment upon the project. Once the customer has approved the project a final invoice will be presented.
A customer’s site will be hosted once approval of the design and content is given however we reserve the right to remove the site at any time until the invoice is paid in full.
Once a quote has been accepted and a developed project approved by the customer the invoice must be paid within 30 days regardless of the amount of content that the customer still has to provide to BRANDBOX CREATIVE.
Content or features listed in the original quote but not provided during the development phase by the customer will be added at any time in the future, however invoices must be paid in full including sections which the customer still has to provide content for.
All material, both text and images supplied by the customer and used in the construction of the customer's web site, will remain the customer's property. All such material will be assumed to be the property of the customer and free to use without fear of breach of copyright laws.
While every effort is made to display the pages acceptably on most popular browsers currently available, BRANDBOX CREATIVE will not accept responsibility for pages which don’t display properly on versions of browsers released after the project is completed.
The customer is ultimately responsible for checking the correctness of the site before they give BRANDBOX CREATIVE the go ahead to make the site publicly available.
Once customer agrees to make site publicly available they are agreeing that the design and development of the site has satisfied all their requirements.
Website design
Once web design is complete, BRANDBOX CREATIVE will provide the customer with the opportunity to review the resulting work. BRANDBOX CREATIVE 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 BRANDBOX CREATIVE by e-mail or fax and confirmed by post.
BRANDBOX CREATIVE will consider that the customer 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.
Any design, copywriting, drawing, idea or code created for the customer by BRANDBOX CREATIVE, or any of its contractors, is licensed for use by the customer 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 BRANDBOX CREATIVE 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 customer with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. BRANDBOX CREATIVE will not be held responsible for any and all damages resulting from such claims. BBX is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold BRANDBOX CREATIVE responsible for any such loss or damage. Any claim against BRANDBOX CREATIVE shall be limited to the relevant fee(s) paid by the customer.
Hosting, support and updating service agreements
BRANDBOX CREATIVE offer annually renewable packages of hosting and updating service agreements which can be purchased as part of a package or separately. These include hosting, content updating and search engine submissions.
These packages are quoted for either on application or at time of quoting for a full project.
Hosting, support and updating services are annually renewable; package start dates are based on when the package or domain name is first registered and now when the web project goes live.
Our content update service refers to any content, photographs or text which replaces any current content. It does not extend to producing new sections or pages unless otherwise noted.
Quoted prices are subject to review at any time.
Monthly we submit customers’ sites to search engines however, we cannot guarantee inclusion or accept responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a customer's web site.
Hosting support and updating packages are renewed annually, invoices are provided approximately one month before the renewal date, however or usual payment terms apply from the invoice date.
Customers wishing to cancel a hosting, support or updating package must inform us before the invoice date otherwise full annual payment will be required.
No partial refunds will be given for hosting, servicing or updating packages cancelled during the current agreements time period.
While we and our hosting partners take many steps to ensure that customers sites are always backed-up it is the customer’s responsibility to inform us when they make a change to the site so that we can then backup that specific part. For example databases of database driven sites.
Domain Registration
BRANDBOX CREATIVE cannot guarantee the availability of any domain name. Where BRANDBOX CREATIVE is to register a domain name on behalf of a customer it will endeavor to do so but the customer should not assume a successful registration.
Search Engine Submission
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SERVICE ACCESS
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Design Credits
The customer agrees to allow BRANDBOX CREATIVE to place a small credit on printed material exhibition displays, advertisements and/or a link to BRANDBOX CREATIVE’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 BRANDBOX CREATIVE to place websites and other designs, along with a link to the customer's site on BRANDBOX CREATIVE's own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
BRANDBOX CREATIVE 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. BRANDBOX CREATIVE also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that BRANDBOX CREATIVE does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow BRANDBOX CREATIVE to remove the contravention without hindrance, or penalty. BRANDBOX CREATIVE 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, BRANDBOX CREATIVE will need formal notification in writing to the company's postal address. The customer 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 BRANDBOX CREATIVE within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Indemnification
Upon a request by BRANDBOX CREATIVE, you agree to defend, indemnify and hold harmless BRANDBOX CREATIVE and its employees from all liabilities to, claims of any third party due to or arising out of your violation of any of these Terms and Conditions, and any expenses, including, without limitation, reasonable legal fees, incurred in connection therewith.
Termination
BRANDBOX CREATIVE reserves the right, in its sole discretion, to terminate the Service, at any time, with or without notice. In the event of such termination, BRANDBOX CREATIVE will work with the Customer to determine the amount of any refund (if any) to be paid to the Customer as a result of such termination. Should the Customer's use of the Service result from the Customer's material breach of the terms and conditions of this Agreement, or any other agreement to which BRANDBOX CREATIVE and the Customer are a party, the Customer shall not be entitled to any refund, unless otherwise mutually agreed upon by the parties.
Disclaimer
BRANDBOX CREATIVE makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. BRANDBOX CREATIVE will not be held responsible for any and all damages resulting from products and/or services it supplies. BRANDBOX CREATIVE 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 BRANDBOX CREATIVE responsible for any such loss or damage. Any claim against BRANDBOX CREATIVE shall be limited to the relevant fee(s) paid by the customer.
BRANDBOX CREATIVE 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. BRANDBOX CREATIVE will not knowingly perform any actions to contravene these and the customer also agrees to be so bound.
BRANDBOX CREATIVE and its customers 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. BRANDBOX CREATIVE 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 set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings between you and BRANDBOX CREATIVE regarding the subject matter of these Terms and Conditions..
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto. The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms and Conditions.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by BRANDBOX CREATIVE and validated by the customer's signature on the estimate or quotation form and/or clicking the ‘I accept Terms & Conditions’ check box 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 BRANDBOX CREATIVE.
Our prices are reviewed periodically and the next review will be on 01/01/2010.
It is the customer’s responsibility to ensure that any web site is lawful, does not infringe any copyright or any other laws. It is also the customer’s responsibility to carry out any market research as to the viability and profitability of any project before accepting any quote.
We reserve the right to refuse to construct a web site that we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to Irish law.
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