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The following Terms and Conditions of Service apply to all products and services provided by OPP Marketing.
All work is carried out by OPP Marketing on the understanding that the client has agreed OPP Marketing terms and conditions.
Copyright is retained by OPP Marketing on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by OPP Marketing as fulfilling the contract. All other designs remain the property of M-Brio, unless agreed in writing that this arrangement has been changed.
Design Charges
Charges for design services to be provided by OPP Marketing 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. Work on the project will not commence until OPP Marketing has received this amount.
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.
Payment
The customer will be provided with an Approval Form and Invoice prior to publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to OPP Marketing.
Accounts which remain outstanding for 14 days after the date of invoice, will incur an extra charge of 5% per month of the outstanding amount. Payments may be made by cash, cheque, or (for overseas customers), Pound Sterling International Money Order or electronic funds transfer. Publication and/or release of work done by OPP Marketing on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of £25 per returned cheque. OPP Marketing reserves the right to consider an account to be in default in the event of a returned cheque.
All prices quoted are based on telephone & email correspondence only. To have a face to face meeting a call out charge of £20 per hour is required
Default
An account shall be considered default if it remains unpaid for 14 days from the date of invoice, or following a returned cheque. OPP Marketing shall be considered entitled to remove OPP Marketing' 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, hosting, design and maintenance. 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 OPP Marketing reasonable 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 OPP Marketing for inclusion in the customer's 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.
Any artwork, images, or text supplied and/or designed by OPP Marketing on behalf of the customer, will remain the property of OPP Marketing and/or its suppliers.
The customer may request in writing from OPP Marketing, the necessary permission to use materials (for which OPP Marketing holds the copyright) in forms other than for which it was originally supplied, and OPP Marketing may, at it's 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 OPP Marketing, the customer grants OPP Marketing permission to use this material freely in the pursuit of the design.
Should OPP Marketing, or the customer supply an image, text, audio clip or any other image 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 OPP Marketing to remove and/or replace the image on the site.
The customer agrees to fully indemnify and hold OPP 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 permission, unless the artwork is supplied to the customer by OPP Marketing.
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 as displayed in the additional prices section. The customer also agrees that OPP Marketing holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copy-writing, drawing, idea or code created for the customer by OPP Marketing, 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 OPP Marketing 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 use or searches and legal advice sought as to its use. OPP Marketing will not be held responsible for any and all damages resulting from such claims. OPP 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
OPP Marketing responsible for any such loss or damage. Any claim against OPP Marketing shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to OPP Marketing's definition of acceptable means of supplying data to the company. Text is to be supplied to OPP Marketing in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM or via e-mail. Images which are supplied in an electronic format are to be provided in a format as prescribed by OPP Marketing via CD-ROM or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and OPP Marketing will not be held responsible for any image quality which the client later deems to be unacceptable. OPP 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 not laid out in the package details, including, but not limited to, art direction, photography searches, media conversion or digital image processing.
Design Project Duration
Any indication given by OPP Marketing of a design project's duration is to be considered by the customer to be an estimation. OPP 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 are received by OPP Marketing for the initial payment or by date confirmed in writing by OPP Marketing.
Rights of Access for Website Construction
The client agrees to allow OPP Marketing 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 OPP Marketing 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 OPP Marketing 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
OPP Marketing considers the design project complete upon receipt of the customer's signed Approval form. Other services not laid out in the package details such as printing, display panel production, 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, OPP Marketing will provide the customer with the opportunity to review the resulting work. OPP Marketing will make one set of minor changes at no extra cost within 5 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 OPP Marketing by e-mail and confirmed by post if necessary.
OPP Marketing will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 5 days of the start of the review period.
Hosting websites
OPP Marketing contracts out all hosting services, and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
OPP Marketing may request that clients change the type of hosting account used if that account is deemed by OPP Marketing 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 organisation are the responsibility of the client and OPP Marketing is not liable for their payment. However the client can and advised to send payment to OPP Marketing who will pay the hosting company on their behalf. A reminder will be sent to the client to renew hosting contract 1 month before the package is due to expire.
Domain Registration
OPP Marketing cannot guarantee the availability of any domain name. Where OPP Marketing 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, OPP Marketing 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.
Design Credits
The customer agrees to allow OPP Marketing to place a small credit on printed material exhibition displays, advertisements and/or a link to OPP 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.
In return OPP Marketing will place a link to the client’s website on the OPP Marketing website in order to aid Search engine optimisation
Rights of Refusal
OPP 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. OPP Marketing also reserves the right to refuse to include submitted material with notice, without giving reason.
Any images and/or data that OPP Marketing does include in all good faith, and then discovers that it contravenes these Terms and Conditions, the customer is obliged to allow OPP Marketing to remove the contravention without hindrance, or penalty. OPP 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, OPP Marketing 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 initial order. The balance of monies due must be paid within 14 days. Please note: any cancellation which is not formally confirmed in writing and received by OPP Marketing within 5 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
OPP Marketing makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. OPP Marketing will not be held responsible for any and all damages resulting from products and/or services it supplies. OPP 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 OPP Marketing responsible for any such loss or damage. Any claim against OPP Marketing shall be limited to the relevant fee(s) paid by the customer.
OPP 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. OPP Marketing will not knowingly perform any actions to contravene these and the client also agrees to be so bound
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. OPP 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 OPP Marketing and validated by the customer's signature on the estimate or quotation form, 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 OPP Marketing
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