(Mobile Version)   © 2017   —  JTGDesign — Terms & Conditions

"...but as for me and my house, we will serve the Lord.”

Joshua 24:15

Terms & Conditions

JTGDesign “Terms And Conditions”:

Below are “JTGDesign” (JTGDesign.com, Jamie Tomkins, we, us, the designer) standard terms and conditions. It is important that you (“The Client”) take time to read through these terms thoroughly & ensure you do fully understand them and their implications before you commence any project with “JTGDesign”. Please also note that these terms and conditions may be altered without notice. Please contact us if you do not understand any of the terms or conditions in this document.

As a customer of the “JTGDesign.com” website, you agree not to reproduce, retransmit, disseminate, sell, publish, broadcast, or otherwise use any material from this Site without our express prior written consent.

Commencement Of Work

These “T&C” govern your visit & use of the “JTGDesign” website. By accessing the “JTGDesign” website, you agree that you are bound by these Terms and Conditions, as well as any additional guidelines, restrictions, or rules that may be posted in connection with specific services of the “JTGDesign” website. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions.

Agreement to work with, and submission of a design request and payment of deposit (if applicable) to “JTGDesign” constitutes agreement to these terms and conditions.

Payment

"The Client" agrees to pay a 50% deposit of the quoted amount (if over $100.00) for JTGDesign to begin any project, with the balance payable prior to delivery (via email, etc. - CD burning available at extra cost). Once work has commenced on a project, or “The Client” backs out of project, this deposit is non-refundable. JTGDesign endeavors to provide graphic and web design services (plus more) that meet and exceed a client's needs and expectations, but in the even of a "change of mind" (after a project has commenced) by "The Client", the initial 50% deposit is forfeited.

Accounts which are not paid COD will incur a late administration fee of $20. If your account remains outstanding for fourteen (14) days after the due date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for you.

Design Samples

"The Client"agrees to supply for free, any number of printed or web samples of the item to be created for "The Client"by "JTGDesign" during the time of the project (quantity to be specified by us). "The Client" also agrees to allow a small advertisement with a link to the front page at www.jtgdesign.com on the footer of any/all pages designed by “JTGDesign”. Removal of this credit constitutes a breach of these terms and conditions.

"The Client"also agrees to allow “JTGDesign” to showcase any/all work created in the course of a project as part of “JTGDesign’s” portfolio. “JTGDesign” acknowledges the confidential nature of some projects and agrees to only display project work that you approve.

Greater Forces

“JTGDesign” 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 “JTGDesign” including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of equipment, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

Fees For 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, “JTGDesign” will provide an updated estimate and "The Client" agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. The client will be notified of increases in the scope of the project.

Excess Work

This is defined as any work involving additions to the list of items defined in the Proposal (if applicable) or changes to all pieces of finalized work after sign off by an authorized 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 additional fee (determined by “JTGDesign” and “The Client”) will be applied and will be payable upon receipt.

Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery.

Publication and/or release of work performed on behalf of the client by "JTGDesign" may not take place before cleared funds have been received.

Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.

Liability & Litigation

It is agreed that all work and materials provided for "The Client"by "JTGDesign" will be free and clear of all liens and encumbrances and may be lawfully used by "The Client" without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.

It is agreed that "JTGDesign" indemnify and hold "The Client" harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of "The Client" or its employees, and it is agreed that we shall notify "The Client" in writing of full details of any such claim.

Under no circumstances shall “JTGDesign” be liable to "The Client" for an indirect or consequential loss suffered by "The Client" relying on the information included in the projects prepared by “JTGDesign” including (without limitation) loss of profit, loss of Contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the Supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

Approval Of Final Work

While “JTGDesign” takes all care to avoid errors, “JTGDesign” accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. "The Client" to proof read and approve all final copy before the production of artwork. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by "The Client's" proof reading.

Returns & Refunds

It is agreed that the “JTGDesign” is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing, email, etc.), committed to print or posted in view of the public. “JTGDesign” will not be held responsible for and changes or amendment made following final approval. It is the sole responsibility of the client to notify “JTGDesign” of any such errors during the revision cycle and before the final files have been generated.

In the event of a need to reprint due to errors in content, the client must inform “JTGDesign” within three (3) days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment, if applicable.

As with all print projects, payment for re-printed project MUST be prepaid.

Print or Color Variations

If printing of final project from “JTGDesign” was included, there may be some color variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing systems (depending on who is used for printing). There will be no reprints at the expense of “JTGDesign”.

Copyright

“JTGDesign” retains full ownership of design concepts and materials that it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to “The Client”. Unused or unapproved concepts remain the property of “JTGDesign”. “JTGDesign” may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, “JTGDesign” retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery or other items requested to not include this by “The Client”.

This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment “JTGDesign” still retains ownership of all artwork and website content. “JTGDesign” reserves the rights to certain elements used to create your images including fonts, patterns, stock images, textures, color palettes and other non-exclusive items.

“JTGDesign” reserves the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.  Prior to purchase and need of approval, image will contain copyright info which will be removed upon purchase.

Other than for the promotional use of “JTGDesign”, all services provided shall be for the exclusive use of “The Client's” said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by “JTGDesign” shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.

Web Design Compatibility

Platforms: Windows / Macintosh (If Applicable)

Browsers: Internet Explorer / Firefox / Chrome

Browser Plug-ins: Current version of Flash Player / Windows Media Player / QuickTime


This proposal assumes goodwill from both “JTGDesign” and "The Client" regarding:


Replacement - If a client misplaces or accidentally deletes files delivered by “JTGDesign” at the completion of the project, “JTGDesign” can resend said files for a fee of $50 per request (plus tax, if applicable).

Artwork On DVD Or USB Drive - If a client’s artwork is required on CD/DVD, an administration fee of approximately – $50 plus postage will be payable.

Website Design Credit - "The Client" agrees to allow "JTGDesign" to place a small credit on printed material exhibition displays, advertisements and/or a “JTGDesign” website link on “The Client's” website. This will be in the form of a small logo or line of text placed towards the bottom of the page.

"The Client" also agrees to allow "JTGDesign" to place customer website links and other graphic designs, etc., along with a link to the client's site on "JTGDesign’s" own website for self promotional purposes.

Termination Policy

From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client canceling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to “JTGDesign”. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (this is determined by “JTGDesign” and “The Client” by negotiation) a prorated payment is payable for time spent up until cancellation notice, at an hourly rate to be determined by “JTGDesign” plus tax, if applicable.

If a project is canceled by “JTGDesign”, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.  No copyright laws will be in effect and no part of the project will be released to “The Client”.

In the event of cancellation of the project by “The Client”, ownership of all copyrights and the original artwork and disks shall be returned and retained by the “JTGDesign”.

Website Design Post- Completion Alterations

Once website design has been completed,"JTGDesign" will provide the customer with the opportunity to review the final draft. "JTGDesign" will make one set of minor changes at no extra cost within fourteen (14) days of the start of the draft review period. Minor changes include small textual changes and slight adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be sent to "JTGDesign" by e-mail & confirmed by reply."JTGDesign" will consider that “The Client” has accepted the original draft, if no notification of changes has been received in writing from “The Client”, within fourteen (14) days of the start of the review period. An hourly fee (to be determined by “JTGDesign) will be charged after this time for editing and amendments.

Confidentiality

It is agreed that employees of "JTGDesign" shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential information of "The Client" or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of "The Client".

Late Payments & Default

Accounts which are not paid within fourteen (14) days will incur a late administration fee of $25 + tax. Accounts which remain outstanding for twenty-one (21) days after the date of invoice will incur an additional late payment fee of $50 plus the equivalent to 5% of the project costs for each week payment is outstanding.

An account shall be considered in default if it remains unpaid for thirty (30) days from the due date of invoice or "The Client" has stated expressly that they do not intend to pay an invoice by "JTGDesign", unless prior arrangements have been made. "JTGDesign" shall at it's sole discretion suspend any and all services provided to “The Client” by "JTGDesign" or it's subsidiaries (including but not limited to hosting sites, website designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid funds due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.  Most of the time, “JTGDesign” is set to only create your web pages and not set up hosting, domain names, etc., so some of these things included may not apply in those circumstances.

Suspension of such services does not relieve “The Client” of it's obligation to pay the final amount due. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for thirty (30) days until the client has paid for their invoices in full.

"The Client" whose account is in default agree to pay "JTGDesign" reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

"JTGDesign" retains all copyright for work performed until full project costs have been paid. "JTGDesign" reserves the right to reuse or resell work undertaken in the case of payment default.

"JTGDesign" accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and "The Client" will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.

Amendments To These Terms And Conditions

All and any amendments to the terms and conditions outlined in this submission must be provided in writing by "The Client"and signed by an authorized representative of "JTGDesign" prior to the commencement of work outlined in this submission.

Disclaimer

Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. As such “JTGDesign” takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however the “JTGDesign” cannot be held responsible for variations between expectation and outcome.

All information contained in this website is intended for general information purposes only. The information is provided by “JTGDesign”. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. “JTGDesign” will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. “JTGDesign” has no control over sites that are linked to on this website. Those third party sites are under the control of their owners, and “JTGDesign” will not be held liable for your use of those sites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.