The following Terms and Conditions of Service apply to all products and services provided by Almany Designs and in the event of any dispute are governed by the laws of the United States of America.
All work is carried out by Almany Designs on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Almany Designs 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 designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Almany Designs unless specifically agreed in writing.
Project Acceptance
At the time of proposal, Almany Designs will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Almany Designs website.
A copy of the written estimate or quotation is to be signed/authorized and dated by the customer to indicate acceptance and should be returned to Almany Designs.
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 Almany Designs Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Design Charges
Charges for design services to be provided by Almany Designs will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed/authorized acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to the release of materials.
Source Files
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to zip, pdf, psd, ai, png, or other source files; if the Client requires these files for transfer to an in-house or another designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope 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/or Invoice prior to final publication. At this time the remainder of the amount due will become payable.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Payments must be made through Paypal unless agreed otherwise.
Publication and/or release of work done by Almany Designs on behalf of the client, may not take place before cleared funds have been received.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Almany Designs shall be entitled to remove Almany Designs’ and/or the customer’s material from any and all computer systems.
Removal of such materials does not relieve the customer of its obligation to pay the due amount.
Customers whose accounts become default agree to pay all Almany Designs’ reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images, and other data to Almany Designs for inclusion in the customer’s website or another 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 the rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Almany Designs on behalf of the customer, will remain the property of Almany Designs and/or its suppliers unless otherwise agreed in writing. A license for use of the copyrighted material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from Almany Designs, the necessary permission to use materials (for which Almany Designs holds the copyright) in forms other than for which it was originally supplied, and Almany Designs may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin, or other third-party material used in a web or digital project remains the property of the creator, and any ongoing license fees or fees for upgrades are the responsibility of the client, not Almany Designs.
By supplying images, text, or any other data to Almany Designs, the customer grants Almany Designs permission to use this material freely in the pursuit of the design.
Should Almany Designs, 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 Almany Designs to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Almany Designs free from harm in any and all claims resulting from the customer 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 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 Almany Designs holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, drawing, idea, or code created for the customer by Almany Designs, 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 Almany Designs.
All design work – where there is a risk that another party makes 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.
Almany Designs will not be held responsible for any and all damages resulting from such claims.
Almany Designs is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Almany Designs responsible for any such loss or damage.
Any claim against Almany Designs shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to Almany Designs’ definition of acceptable means of supplying data to the company.
Text is to be supplied to Almany Designs in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
Images that are supplied in an electronic format are to be provided in a format as prescribed by Almany Designs via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Almany Designs will not be held responsible for any image quality which the client later deems to be unacceptable.
Almany Designs 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, color correction, and alteration of images.
Design Project Duration
Any indication given by Almany Designs of a design project’s duration is to be considered by the customer to be an estimation. Almany Designs cannot be held responsible for any project over-runs, whatever the cause. The estimated project duration should be deemed to be from the date that cleared funds are received by Almany Designs for the initial payment or by the date confirmed in writing by Almany Designs.
Design Project Completion
Almany Designs considers the design project complete upon receipt of the paid invoice or signoff email. Other services such as printing, display panel production, film work, website uploading, publishing, etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Design Credits
The customer agrees to allow Almany Designs to place a small credit on printed material exhibition displays, advertisements, and/or a link to Almany Designs’ 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 Almany Designs to place designs on Almany Designs’ own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Almany Designs will not include in its designs, any text, images, or other data that 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. Almany Designs also reserves the right to refuse to include submitted material without giving a reason. In the situation where any images and/or data that Almany Designs does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Almany Designs to remove the contravention without hindrance, or penalty. Almany Designs 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. 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 due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Almany Designs within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
Almany Designs makes no warranties of any kind, express or implied, for any and all products and/or services. Almany Designs will not be held responsible for any and all damages resulting from products and/or services. Almany Designs 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 Almany Designs responsible for any such loss or damage. Any claim against Almany Designs shall be limited to the relevant fee(s) paid by the customer.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Almany Designs reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Almany Designs, by email, verbally, or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.almanydesigns.com.
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, 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 Almany Designs.