Terms of Service


 

Terms of service

The following Terms and Conditions of Service apply to all artwork, graphic design, print and other services provided by after.marketing.

Copyright of all graphic design work is retained by  after.marketing  including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.

If multiple design concepts are submitted, only one concept is deemed to be given by after.marketing as fulfilling the contract. All other artwork designs remain the property of after.marketing, unless agreed in writing.

Design Fees

A non-refundable deposit of 50% of the estimated fee may be required depending on the job size, this will be communicated upon receipt of the estimate or quote. If this is the case, work on the project will not commence until  after.marketing has received this amount.

Charges for Other Services

Charges for any additional services over and above the estimated design, will become fully payable at the time of project acceptance.

Payments

Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 8% above the current Bank Of England base rate per month of the outstanding amount.

Payments may be made by Bacs, cash, cheque, or (for overseas customers), Paypal or previously agreed electronic funds transfer.

Publication and/or release of work done by  after.marketing on behalf of the client, may not take place before funds have cleared.

Returned cheques will incur an additional fee of £50 per returned cheque.  after.marketing  reserves the right to cancel any ongoing services if a cheque is returned.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque.  after.marketing shall be considered entitled to remove  after.marketing 's 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, 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.

Copyrights and Trademarks

By supplying text, images and other data to  after.marketing for inclusion in the customer's printed content 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  after.marketing on behalf of the customer, will remain the property of  after.marketing and/or it's suppliers, excluding Logo design in which full copyright will be passed to the client upon receipt of full payment.

The customer may request in writing from  after.marketing, the necessary permission to use materials (for which  after.marketing  holds the copyright) in forms other than for which it was originally supplied, and  after.marketing  may, at it's own discretion, grant this. Raw artwork files will not be supplied unless agreed in writing in advance by  after.marketing. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.  after.marketing reserves the right to charge fees for additional usage.

By supplying images, text, or any other data to  after.marketing , the customer grants after.marketing  permission to use this material freely in the pursuit of the design and to utilise the designs in  after.marketing 's portfolio unless agreed otherwise.

Should  after.marketing , 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  after.marketing to remove and/or replace the file.

The customer agrees to fully indemnify and hold  after.marketing 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.

Alterations

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  after.marketing holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea created for the customer by  after.marketing , or any of it's 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 after.marketing  and any of it's relevant sub-contractors.

All design work where there is a risk that another party may 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.  after.marketing will not be held responsible for any and all damages resulting from such claims. 

 

after.marketing is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold after.marketing responsible for any such loss or damage.  Any claim against  after.marketing shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to  after.marketing's definition of acceptable means of supplying data to the company.

Text is to be supplied to  after.marketing in electronic format as standard text (.txt), MS Word (.doc) on USB, or via e-mail.

Images which are supplied in an electronic format, are to be provided in a format as prescribed by  after.marketing via USB, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and  after.marketing will not be held responsible for any image quality which the client later deems to be unacceptable.  after.marketing 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  after.marketing of a design project's duration is to be considered by the customer to be an estimation. after.marketing 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 of a deposit are received by  after.marketing.

Website Design Only

Once web design is complete,  after.marketing will provide the customer with the opportunity to review the resulting work.  after.marketing 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  after.marketing by e-mail.

after.marketing 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.

Design Credits

The customer agrees to allow  after.marketing to place a small credit on printed material, exhibition displays, advertisements and/or a link to  after.marketing '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  after.marketing to place all designs on after.marketing's own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.

Rights of Refusal

after.marketing 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. after.marketing also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that  after.marketing does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow  after.marketing to remove the contravention without hindrance, or penalty.  after.marketing 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,  after.marketing will need formal notification in writing. The client will then be invoiced for all work completed  that will have been made at the time of first ordering. The balance of monies due must be paid within 7 days of receipt of the invoice. Please note: any cancellation which is not formally confirmed in writing and received by  after.marketing within 7 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

after.marketing makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.  after.marketing will not be held responsible for any and all damages resulting from products and/or services it supplies. after.marketing 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 after.marketing responsible for any such loss or damage. Any claim against  after.marketing shall be limited to the relevant fee(s) paid by the customer.

after.marketing 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. after.marketing  will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

after.marketing 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.  after.marketing recommends 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 supersede any previous Terms and Conditions distributed in any form.  after.marketing 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 after.marketing and validated by the customers on the estimate or quotation, 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 customer and after.marketing.