TERMS & CONDITIONS
(last updated on 10/10/2017 (D/M/Y))
Below are MaryDes Designs Ltd, 6-9 Trinity Street, Dublin2, Ireland (throughout this document will be also referred to as MaryDes) standard terms and conditions. It is vital that you (The Client, customer) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with MaryDes. Please also note that from time to time MaryDes may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.
The following Terms and Conditions of Service apply to all products and services provided by MaryDes Designs Ltd .
All work is carried out by MaryDes Designs Ltd on the understanding that the client has agreed to our terms and conditions.
Transfer of rights
Copyright is retained by MaryDes Designs Ltd on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled and on receipt of final payment for the commissioned work.
If a choice of design is presented, only one solution is deemed to be given by MaryDes Designs Ltd as fulfilling the contract. All other designs remain the property of MaryDes Designs Ltd , unless agreed in writing that this arrangement has been changed.
The client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee. In exception of this, and to prevent unauthorised duplication, MaryDes Designs Ltd retains all copyrights on wall decoration and web graphic designs (banners, pictures,…), unless otherwise agreed. In this case client only receives limited user rights connected to each design he has ordered and does he not possesses the right to reproduce the design, sell and transmit or distribute in any form without the express written agreement with MaryDes Designs Ltd.
MaryDes Designs Ltd may still use paid-for concepts in its promotional materials and in its design portfolio.
Project work and acceptance
At the time of proposal, MaryDes Designs Ltd will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on MaryDes Designs Ltd website (www.marydes.eu).
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 MaryDes Designs Ltd . Alternatively, the client may send an official order (by mail or letter) in reply to the estimate or quotation which binds the client to accept MaryDes Designs Ltd ’ terms and conditions. No work on a project will commence until either document has been received by MaryDes Designs Ltd .
In exception for this, publishers and author services companies do not receive quotes because we are working on fixed rates for them. However, they acknowledge that all works we perform for them are subject to these terms and conditions.
MaryDes Designs Ltd reserve the right to use stock images in the creation of designs if required. If royalty fees should be paid, costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Charges for design services to be provided by MaryDes Designs Ltd , 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. In the case of a change of mind by “The Client” this deposit is non-refundable. MaryDes Designs Ltd endeavours to provide design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited, plus a prorata payment based upon the time spent. Proposals are limited in time. 14 days after sending the proposal with the estimate or quotation, the proposal expires and a new request should be submitted.
This proposal assumes goodwill from both MaryDes Designs Ltd and “The client” regarding:
- What can reasonably be achieved in a given time frame
- Making best use of resources to achieve the most effective outcomes
If the work time exceeds 4 calendar weeks in duration, “The Client”agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.
Fees for cover designs ordered at a fixed price at the MaryDes website will be 100% paid in advance and are also non-refundable.
Charges for Other Service
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Where ever possible the client will be notified of increases in the scope of the project.
This is defined as any work involving additions to the list of items defined in the Estimate of Services or changes to all pieces of finished artwork after sign off by an authorised representative of “The Client”. From time to time “The Client” will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a fee of 80€ (plus VAT if applicable) per hour, billed in 15 minute increments, will be payable.
Charges for any additional services over and above the estimated design with fixed price, 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 MaryDes Designs Ltd. 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 PayPal, Major Credit Card, or electronic funds transfer.
MaryDes Designs Ltd does not accept check or cash.
Publication and/or release of work done by MaryDes Designs Ltd 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. MaryDes Designs Ltd shall be considered entitled to remove MaryDes Designs Ltd 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 it’s obligation to pay the due amount. Customers whose accounts become default agree to pay MaryDes Designs Ltd all 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 MaryDes Designs Ltd for inclusion in the customer’s project, the client 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 MaryDes Designs Ltd on behalf of the customer, will remain the property of MaryDes Designs Ltd and/or it’s suppliers.
The client may request in writing from MaryDes Designs Ltd, the necessary permission to use materials (for which MaryDes Designs Ltd holds the copyright) in forms other than for which it was originally supplied, and MaryDes Designs Ltd 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 MaryDes Designs Ltd, the customer grants MaryDes Designs Ltd permission to use this material freely in the pursuit of the design.
Should MaryDes Designs Ltd, 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 or project 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 MaryDes Designs Ltd to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold MaryDes Designs Ltd 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 MaryDes Designs Ltd 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 MaryDes Designs Ltd, 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 MaryDes Designs Ltd and 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 searches and legal advice sought as to its use. MaryDes Designs Ltd will not be held responsible for any and all damages resulting from such claims. MaryDes Designs Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold MaryDes Designs Ltd responsible for any such loss or damage. Any claim against MaryDes Designs Ltd shall be limited to the relevant fee(s) paid by the customer.
The client agrees to MaryDes Designs Ltd’s definition of acceptable means of supplying data to the company.
Text is to be supplied to MaryDes Designs Ltd in electronic format as standard text (.txt), MS Word (.doc, docx) and PDF via e-mail or using online file services (like WeTransfer).
Images which are supplied in an electronic format, are to be provided in a format as prescribed by MaryDes Designs Ltd via e-mail or using online file services. Images must be of a quality suitable for use without any subsequent image processing, and MaryDes Designs Ltd will not be held responsible for any image quality which the client later deems to be unacceptable. MaryDes Designs Ltd 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.
Design Project Duration
Any indication given by MaryDes Designs Ltd of a design project’s duration is to be considered by the customer to be an estimation. MaryDes Designs Ltd 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 MaryDes Designs Ltd for the initial payment or by date confirmed in writing by MaryDes Designs Ltd.
Rights of Access for Website Construction
The client agrees to allow MaryDes Designs Ltd 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 MaryDes Designs Ltd 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 MaryDes Designs Ltd 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
MaryDes Designs Ltd 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.
Website Design Only
Once web design is complete, MaryDes Designs Ltd will provide the customer with the opportunity to review the resulting work. MaryDes Designs Ltd 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 MaryDes Designs Ltd by e-mail and confirmed by post.
MaryDes Designs Ltd 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.
Our Website is intended for the use of adults and individuals 16 years of ages and older. Our Website is not directed to children under the age of 16. Users under the age of 16 must have the permission and/or assistance of an adult while using or visiting our Website.
MaryDes Designs Ltd does not offer in-house hosting services. MaryDes Designs Ltd can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. MaryDes Designs Ltd may request that clients change the type of hosting account used if that account is deemed by MaryDes Designs Ltd 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 MaryDes Designs Ltd are not liable for their payment.
MaryDes Designs Ltd cannot guarantee the availability of any domain name. Where MaryDes Designs Ltd 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 infinite number of considerations that search engines use when determining a site’s ranking, MaryDes Designs Ltd 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 customer agrees to allow MaryDes Designs Ltd to place a small credit on printed material exhibition displays, advertisements and/or a link to MaryDes Designs Ltd ‘ 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 MaryDes Designs Ltd to place websites and other designs, along with a link to the client’s site on MaryDes’ own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
MaryDes Designs Ltd 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. MaryDes Designs Ltd also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that MaryDes Designs Ltd does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow MaryDes Designs Ltd to remove the contravention without hindrance, or penalty. MaryDes Designs Ltd is to be held in no way responsible for any such data being included.
All book trailers are based on existing footage, either bought or free footage found by MaryDes or delivered by customer.
The request for book trailer creation is submitted to MaryDes who will decide on acceptance of the order. MaryDes has the right to reject book trailer orders for any reason, but in particular because no sufficient relevant footage can be found, production time will exceed normal production time estimated in the offer, or customer did not provide enough information. Customer is responsible for all copyrights on the footage delivered by him.
For type 4 ulterior book trailers, a script will be send to the customer for his acceptance. Customer can alter or even reject the script. If a script is altered or rejected, MaryDes has the right to refuse the order.
Payment of the total fee is required after Marydes accept any book trailer order. A payment invitation will be sent to the customer prior to starting book trailer creation.
After creation, the customer can ask for minor changes. This is limited to correction of textual errors. In no event can, without payment of a surcharge, deviated from the script approved by the customer, unless with the consent of MaryDes.
Premade Book Covers
All prices concerning premade book covers include adding title, subtitle, and author name. In case of a printed book, also synopsis, biography and barcode will be included if provided by the customer. If customer has provided a template from the publisher, the cover design will be adapted to this template if possible.
Premade book covers can be bought with exclusive or nonexclusive right. If customer orders a book cover design with non exclusive rights, all rights on this design stays with MaryDes, even after payment is done, and customer does not obtain any rights on this design, except for the use of the publication of his book and solely for this matter.
All premade book cover designs needs to be paid in full before adaptation will take place.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, MaryDes Designs Ltd 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 20 days. Please note: any cancellation which is not formally confirmed in writing and received by MaryDes Designs Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
MaryDes Designs Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. MaryDes Designs Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. MaryDes Designs Ltd 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 MaryDes Designs Ltd responsible for any such loss or damage. Any claim against MaryDes Designs Ltd shall be limited to the relevant fee(s) paid by the customer.
MaryDes Designs Ltd 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. MaryDes Designs Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Since often project are put on hold due to waiting for “The client’s” response, MaryDes Designs Ltd can not hold responsible to comply with Printers Terms and Conditions which include disclaimers for non-completion on time.
MaryDes Designs Ltd shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of MaryDes. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. MaryDes Designs Ltd 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 MaryDes Designs Ltd and validated by the customer’s signature on the estimate or quotation form, or returning the estimate and quotation by email where you accept the estimation/ quotation and these terms and conditions, 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 MaryDes Designs Ltd.