Terms & Conditons

 

The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by CRE8ive TOUCH. All design work is carried out by CRE8ive TOUCH on the understanding that the client has agreed to abide by CRE8ive TOUCH’s terms and conditions. Copyright of all graphic design work is retained by CRE8ive TOUCH 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 CRE8ive TOUCH as fulfilling the contract. All other artwork designs remain the property of CRE8ive TOUCH, unless agreed in writing.

 

Project Acceptance
At the time of proposal, CRE8ive TOUCH will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on CRE8ive TOUCH’s website. 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 CRE8ive TOUCH. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept CRE8ive TOUCH’s terms and conditions. No work on a project will commence until either document has been received by CRE8ive TOUCH. The Agreed upon Design Brief by both Buying Customer and CRE8ive TOUCH is the only Job that CRE8ive TOUCH is obliged to complete, unless CRE8ive TOUCH cannot complete the task, then CRE8ive TOUCH may refund the Buying Customer the amount paid. CRE8ive TOUCH may request a deposit amount to be paid prior to the completion of the Job. This deposit will be agreed upon by both Buying Customer and CRE8ive TOUCH. In the possible circumstance the Buying Customer later decides to change the requirements set in the Job sheet then (a) this could invalidate the original agreement. and (b) Possible charges may be requested by CRE8ive TOUCH before going any further. CRE8ive TOUCH may also (c) demand a new agreement between Buying Customer and CRE8ive TOUCH detailing the new adjustments requested by Buying Customer. These adjustments added onto the original agreement may affect the Total Amount to be paid by Buying Customer to CRE8ive TOUCH. CRE8ive TOUCH and Buying Customer may agree upon a date deadline for the Job to be completed by, In the possible circumstance that the Job takes longer than the agreed time then (a) A new deadline may have to be agreed upon by Buying Customer and CRE8ive TOUCH. or (b) Buying Customer may request a Refund.

 

Refunds.

Refunds will be paid to Buying Customer using the same payment methods Buying Customer used to remit the Customer Payment to CRE8ive TOUCH or via any other method specified by CRE8ive TOUCH from time to time. If a refund is paid to Buying Customer or a credit card charge back occurs, then: (a) Selling Designer must reimburse CRE8ive TOUCH for the applicable Designer Fee (the reimbursement will first be paid out of any CRE8ive TOUCH Credits held by Selling Designer and any remaining debt will be payable by Selling Designer to CRE8ive TOUCH on demand); and (b) Buying Customer will initially receive the amount of the Customer Payment, less the Designer Fee and will receive the Designer Fee only once the Designer Fee is reimbursed by Selling Designer to CRE8ive TOUCH. CRE8ive TOUCH may refund Buying Customers for the following reasons: (i) the Sold Design is Defective; (ii) CRE8ive TOUCH is required by law or considers that it is required by law to do so; (iii) CRE8ive TOUCH determines that issuing a refund to the Customer will avoid any dispute or increased costs to CRE8ive TOUCH;  (iv) CRE8ive TOUCH issues the refund to the Customer in accordance with any refund policy specified by CRE8ive TOUCH from time to time; (v) the order placed (or request made) by the Customer is found to be fraudulent; (vi) the Customer placed a duplicate order (or request) in error; or (vii) in CRE8ive TOUCH’ sole opinion, CRE8ive TOUCH considers that it is likely that the refund is necessary to avoid a credit card charge back. CRE8ive TOUCH’ determination as to whether a refund is required is final and conclusive and may not be challenged by you.

 

Design Fees
Fees for design services to be provided by CRE8ive TOUCH, 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 CRE8ive TOUCH 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.

Payment
The client will be asked to provided artwork sign off before followed by an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. 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 CRE8ive TOUCH 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. CRE8ive TOUCH reserves the right to consider an account to be in default in the event of a returned cheque. Payment in full is required prior to artwork being sent to print.

Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. CRE8ive TOUCH shall be considered entitled to remove CRE8ive TOUCH’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, hosting, domain registration, search engine submission, 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. Customers whose accounts become default agree to pay CRE8ive TOUCH reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

 

Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by CRE8ive TOUCH and validated by the customer’s signature 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 signatory and CRE8ive TOUCH.

 

Third Party Sites & Ads.

The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”).  Such Third Party Sites & Ads are not under the control of CRE8ive TOUCH is not responsible for any Third Party Sites & Ads. CRE8ive TOUCH provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.

Disclaimers.

THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,    QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF    VIRUSES OR OTHER HARMFUL CODE,  COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The information contained in this website is for general information purposes only. The information is provided by CRE8ive TOUCH and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of CRE8ive TOUCH. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, CRE8ive TOUCH takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Certain Restrictions.

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, Customer, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build or promote a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement.  All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. CRE8ive TOUCH reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice.  You agree that CRE8ive TOUCH will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. You acknowledge and agree that CRE8ive TOUCH will have no obligation to provide you with any support or maintenance in connection with the Site or Services.

 

 

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 unless stated otherwise. The customer also agrees that CRE8ive TOUCH 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 CRE8ive TOUCH, 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 CRE8ive TOUCH 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. CRE8ive TOUCH will not be held responsible for any and all damages resulting from such claims. CRE8ive TOUCH is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold CRE8ive TOUCH responsible for any such loss or damage. Any claim against CRE8ive TOUCH shall be limited to the relevant fee(s) paid by the customer.

 

Data Formats
The client agrees to CRE8ive TOUCH’s definition of acceptable means of supplying data to the company. Text is to be supplied to CRE8ive TOUCH 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 CRE8ive TOUCH via CD-ROM, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and CRE8ive TOUCH will not be held responsible for any image quality which the client later deems to be unacceptable. CRE8ive TOUCH 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 CRE8ive TOUCH of a design project’s duration is to be considered by the customer to be an estimation. CRE8ive TOUCH 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 the deposit are received by CRE8ive TOUCH.

 

Design Project Completion
CRE8ive TOUCH considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, film work, 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, CRE8ive TOUCH will provide the customer with the opportunity to review the resulting work. CRE8ive TOUCH 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 CRE8ive TOUCH by e-mail or fax and confirmed by post. CRE8ive TOUCH 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 CRE8ive TOUCH to place all designs on CRE8ive TOUCH’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.

 

Rights of Refusal
CRE8ive TOUCH 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. CRE8ive TOUCH also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that CRE8ive TOUCH does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow CRE8ive TOUCH to remove the contravention without hindrance, or penalty. CRE8ive TOUCH 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 of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by CRE8ive TOUCH within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

 

Disclaimer
CRE8ive TOUCH makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. CRE8ive TOUCH will not be held responsible for any and all damages resulting from products and/or services it supplies. CRE8ive TOUCH 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 CRE8ive TOUCH responsible for any such loss or damage. Any claim against CRE8ive TOUCH shall be limited to the relevant fee(s) paid by the customer. CRE8ive TOUCH 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. CRE8ive TOUCH will not knowingly perform any actions to contravene these and the client also agrees to be so bound. CRE8ive TOUCH 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. CRE8ive TOUCH recommend 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. CRE8ive TOUCH reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

 

 

Third Party Sites & Ads.

The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”).  Such Third Party Sites & Ads are not under the control of CRE8ive TOUCH is not responsible for any Third Party Sites & Ads. CRE8ive TOUCH provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.

Disclaimers.

THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,    QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF    VIRUSES OR OTHER HARMFUL CODE,  COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The information contained in this website is for general information purposes only. The information is provided by CRE8ive TOUCH and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of CRE8ive TOUCH. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, CRE8ive TOUCH takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Certain Restrictions.

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, Customer, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build or promote a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement.  All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. CRE8ive TOUCH reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice.  You agree that CRE8ive TOUCH will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. You acknowledge and agree that CRE8ive TOUCH will have no obligation to provide you with any support or maintenance in connection with the Site or Services.

 

 

Copyright/Trademark Information.

By supplying text, images and other data to CRE8ive TOUCH for inclusion in the customer’s brochure 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 CRE8ive TOUCH on behalf of the customer, will remain the property of CRE8ive TOUCH 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 CRE8ive TOUCH, the necessary permission to use materials (for which CRE8ive TOUCH holds the copyright) in forms other than for which it was originally supplied, and CRE8ive TOUCH 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. CRE8ive TOUCH reserves the right to charge fees for additional usage. By supplying images, text, or any other data to CRE8ive TOUCH, the customer grants CRE8ive TOUCH permission to use this material freely in the pursuit of the design and to utilise the designs in CRE8ive TOUCH’s portfolio unless agreed otherwise. Should CRE8ive TOUCH, 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 CRE8ive TOUCH to remove and/or replace the file. The customer agrees to fully indemnify and hold CRE8ive TOUCH 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.

Copyright © 2014, CRE8ive TOUCH. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

This website and its content is copyright of CRE8ive TOUCH – © CRE8ive TOUCH 2014. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

you may print or download to a local hard disk extracts for your personal and non-commercial use only. you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

 

 

Feedback.

If you provide CRE8ive TOUCH any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to CRE8ive TOUCH all rights in the Feedback and agree that CRE8ive TOUCH shall have the right to use such Feedback and related information in any manner it deems appropriate.  CRE8ive TOUCH will treat any Feedback you provide to CRE8ive TOUCH as non-confidential and non-proprietary.  You agree that you will not submit to CRE8ive TOUCH any information or ideas that you consider to be confidential or proprietary.