Terms of Service
The following terms and conditions apply to all products and services provided by Netfly Design and in the event of any dispute are governed by the laws of England. All work is carried out by Netfly Design on the understanding that the client has agreed to our terms and conditions. Copyright is retained by Netfly Design on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
New Clients
Quotes/Estimates
At the time of proposal, Netfly Design will provide the customer with a written estimate or quotation by email. 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 Netfly Design. Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation. For the avoidance of doubt, the Netfly Design terms and conditions are what govern the job, not any conditions on the customer’s purchase order. Quotes/estimates are based on the information provided by the client, including but not limited to detail on quantities, structure, scope and functionality. Any quote /estimate may, therefore, be subject to change should the client’s requirements change at any time. All quotes/estimates are valid for 30 days from the date of submission.
Retaining Clients
Quotes/Estimates
At the time of proposal, Netfly Design will provide the customer with a written estimate or quotation by email. 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 Netfly Design. Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation. For the avoidance of doubt, the Netfly Design terms and conditions are what govern the job, not any conditions on the customer’s purchase order. Quotes/estimates are based on the information provided by the client, including but not limited to detail on quantities, structure, scope and functionality. Any quote /estimate may, therefore, be subject to change should the client’s requirements change at any time. All quotes/estimates are valid for 30 days from the date of submission.
Minimum Charge
A minimum charge of £15 is payable for all artwork services.
Payment Schedule
Payment must be made no more than 30 days after the date of invoice unless otherwise agreed in writing in advance.
Project Duration
Any indication given by Netfly Design of a design project’s duration is to be considered by the customer to be an estimation. Netfly 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 Netfly Design for the initial payment or by date confirmed in writing by Netfly Design. Any stated timescale is reliant upon the client providing all required information/copy/images within the time set out at project initiation.
Alterations
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that Netfly Design holds no responsibility for any amendments made by any third party, before or after a design is published.
Rights & Ownership
Rights
All services provided by Netfly Design shall be for the exclusive use of the client other than for our promotional use. Upon payment of all fees and expenses, the following reproduction rights for all approved final designs created by Netfly Design for this project shall be granted:
Client to gain full transferable rights to brand identity.
Client to gain full licence to reproduce works through commercial printers.
Ownership
The client shall be entitled to full ownership of all artwork created during the project upon full payment of the agreed fee.
Third party contracts: Netfly Design may contract with other creative professionals to provide services such as web development, photography and illustration. Any third-party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement unless requested by the client at a later date.
Communication
Netfly Design can be reached by telephone from Monday to Friday between 9am - 5pm. The majority of designer/client communication is normally via email, helping both parties keep track of specific design requirements and potential changes.
Payment Schedule
The client will make a 50 percent down payment prior to work commencing. The project can be scheduled once the down payment is received by the Netfly Design. The down payment is non-refundable. The remaining 50 percent is payable to the Netfly Design upon completion of the project and before original artwork is supplied to the client.
Delayed Payment
If the final invoice is not paid within 30 days, a 5 percent ‘delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring 30 day period until the full amount has been received by the Netfly Design.
Cancelation
If, after project commencement, client communication (face-to-face, telephone or email) stops for a period of 180 days, the project can be cancelled, in writing by the Netfly Design, and ownership of all copyrights shall be retained by the us.
A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion. The fee will not exceed 110 percent of the total payable cost.
Miscellaneous
You may be asked to provide Netfly Design with samples of print design that result from the project deliverables. The designer may use such copies and samples for publication, exhibition or other promotional purposes. Netfly Design shall have the right to photograph all completed designs and installations and shall have the right to use such photographs for publication, exhibition or other promotional purposes.
Confidentiality
The client shall inform Netfly Design in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.
Indemnity
The client agrees to indemnify and hold harmless Paul Nicholas Design from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by Netfly Design.