Verrex Communications Inc. - Web design Terms and Conditions
13 March 2006
By using Verrex Comm's web design service, and signing up as a Client, you agree to be legally bound by these Terms and Conditions, including those terms and conditions incorporated by reference. Please read these terms carefully. If you do not accept these Terms and Conditions stated here without modification, you may not use the Verrex Comm service. Verrex Comm may revise these Terms and Conditions at any time by updating this posting. If the Terms and Conditions are revised, the original terms accepted by the Client for a project will remain valid. In these Terms and Conditions, Verrex Comm, the Verrex Comm service, all services related to it, and all text, images, photographs, user interface, "look" and "feel", data and other content included in it from time to time (including, without limitation, the selection, coordination and arrangement of such content) are referred to as the "Web Site" or “Service.”
The Verrex Comm Service is an online offering where individuals or entities that have signed up with Verrex Comm as Clients ("Client") can post via email or via the Web Site specific assignments and project descriptions, including illustrative samples or other media, ("Creative Brief"), revise those Creative Briefs (“Revision Brief”) and obtain responses ("Response") to those Creative or Revision Briefs from design experts retained by Verrex Comm (“Company”). Clients will be provided the Service according to the estimate accepted by the Client. Client's Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final Response conforming to Client's various Creative and Revision Briefs.
(b) Creative Brief and Responses.
Each Client is solely responsible for preparing and posting detailed descriptions of each of its Creative Briefs, including providing samples illustrating Client's Creative Brief (“Samples”), site structure and number of pages required, the applicable deadline, and other relevant terms and conditions. The Company is under no obligation to review a Creative or Revision Brief for any purpose, including accuracy, completeness of information, quality or clarity. The Company may decide, in its sole discretion, to deny a Creative or Revision Brief. The initial responses will be of the same caliber as the examples in the Company portfolio. The Company is under no obligation to supply responses that do not adhere to their style, as it is assumed that the client has selected the Company based on previous projects represented in its portfolio. Initial responses are supplied within 5 working days of payment being received.
The Client must supply Verrex Comm with adequate photography to use in the design; or Verrex Comm will recommend a stock photography bundle to suit the project, at an additional cost to the Client.
(c) When Verrex Comm provides a Response to a Client; the Client shall review the Response.
If a Client fails to promptly inform the Company that the Response does not reasonably conform to the Creative Brief, the Client will be deemed to have accepted the Response. If a Client notifies the Company that the Response does not reasonably conform to the Creative Brief, the Client shall submit information regarding amendments or modifications to be made to the initial Response (“Revision Brief”). After providing a Revision Brief, the Client will be provided a subsequent Response that conforms to the additional criteria requested by the Client, free of charge. However, concepts provided in the initial Response cannot be used after the second Response has been given .
The Company is not responsible for the content of Responses developed to the extent that such responses are based on conformity with Client's Creative or Revision Briefs.
(e) Revision cycles.
Revision cycles consist of 1 additional composition that incorporates changes requested by the client in the Revision Brief. The Client is responsible for providing constructive feedback for each revision cycle. The purpose of the revision process is to create Responses that move forward in a specific direction as determined by the client. The client may request significant changes in the 1st cycle, and the Response might be quite different in nature from the original composition chosen. By the 2nd revision request, Client's requests shall be modifications of the current composition only. Revision requests that depart from the current composition will be honored and completed in the same timely manner, however; the Company reserves the right to quote accordingly for each such Revision. No revision work, which requires payment, will be started without authorization from the Client. Revision cycles are supplied for free within each package, and therefore cannot be refunded or exchanged for other services. Revision cycles are supplied within 5 working days of receiving the Revision Brief.
The Company shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client's responsibility to ensure that there are no spelling or grammatical errors contained in the final product. It is agreed that the Company is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public. It is the sole responsibility of the Client to notify Verrex Comm of any such errors during the revision cycle and before the final files have been generated. An additional Revision charge will be incurred.
(g) Final Files.
Once the Client approves of the design and notifies the company, final HTML, image and other web files will be uploaded to the Client's website or supplied to the Client directly. If the Client requires further revisions after this time, the Company will recommend a web maintenance bundle to the Client at an additional cost. The artwork files will be available to the Client on request. If the artwork is too large to send via email, it is the responsibility of the Client to purchase their artwork on CD for an additional $30+GST if required. The final files include HTML, PHP, GIF and JPEG files only. Additional constraints, including specifications on HTML structure and layout, are not included in the package and Verrex Comm will supply the Client with a quotation for any additional specifications required. All files and fonts are supplied in PC format. Additional formats, including variations on the chosen design, are not included in the package and The Company will supply the Client with a quotation for any additional formats or Revisions that are required. If the Client is not using a hosting package purchased from the Company, it is the responsibility of the Client to supply the Company with a web space which supports any technologies used within the website and FTP details where the files can be uploaded.
(h) Client Accounts.
Clients registering for the Service must pay for the Service via direct deposit, credit card, or other payment method expressly authorized by The Company, at the time of registration for the Service. The client will be charged for the Package(s) selected. The Company will email the Client a receipt or tax invoice for the transactions in which the Client is involved. Our fee policy for Clients may change and we may decide to impose additional fees on Clients at any time. Such fees will not be applied unless a quotation is supplied and approved by the Client.
If the Client is not satisfied with the initial Responses provided by the Company, the Client may request a refund by completing the Refund Request form which will be provided to the Client upon request. Upon timely receipt of the completed form, the Company will refund the total payment made by Client, less 50 percent of the original amount paid, for service and processing fees. All elements of the project must then be returned to the Company. Any usage by the client of those design elements will result in appropriate legal action. The Client shall bear all costs, expenses, and reasonable attorney's fees in any action brought to recover payment under this contract or in which the Company may become a party by reason of this contract. Once the Client requests additional revisions for any of the initial concepts, the Client shall forfeit the right to the aforementioned refund. The Client shall also forfeit the right to a refund if the client does not respond in a timely manner as outlined in section 1(c). The client shall not unreasonably withhold acceptance of, or payment for, the project.
(i) Project duration.
The Client agrees to provide timely responses to the Company after receiving status notifications from the Company. Client shall have 30 days to respond to each set of Responses submitted to the Client for review. If after 30 days the Client has failed to respond, The Company will deem the Project complete.
At such time, the Company shall have no further obligation to the Client, and the Client shall pay the Company all fees and expenses associated with work performed by the Company.
(k) Eligibility Requirements.
(l) Ownership of Artwork.
Until full payment has been made, the Company retains ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the client shall obtain ownership of the final artwork to use and distribute as they see fit. However, in no event may the Client use the final design in any design portfolio without express permission from the Company.
The website design and code purchased by the client are for single use only. The client is welcome to add additional pages to the site under the original domain name and or business entity. Additional use of the structure, design, coding or intellectual property contained therein for other businesses or entities is strictly prohibited.
The company holds copyright on designs produced, with the expectation that the Designs are essentially artistic works that are one-off, which is covered by copyright legislation.
Protection under designs legislation concerns the visual appearance there of. It thus relates to the shape, configuration, pattern or ornamentation which, when applied to a product or service, gives that a unique appearance.
The Company retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the Client will be given any necessary credit for usage of the project elements.
The website design shall include a copyright notice and a discreet link to the Company's website, such as in the footer.
(m) Third Party Shipping.
In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, color separation, press work, or binding, the Company will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
(n) Production Schedule / Delivery of Project.
The client will assume any shipping or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. The Company shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the Company. If such event(s) occur, it shall entitle the Company to extend the completion/delivery date, by the time equivalent to the period of such delay.
(o) Authorization to Use; Permitted Uses.
You may access and use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the Web Site. You may provide Creative Briefs and obtain Responses only if you register as a Client. Any use of the Web Site is at your sole risk and responsibility. Subject to these Terms and Conditions, you may
(p) Operation of Web Site.
The Company shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. The Company reserves the right, but shall not be required, to correct any delays, interruptions, errors or omissions. Although the Company intends to use commercially reasonable efforts to make the Web Site and Service accessible, the Company makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability. The Company may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. The Company shall not be responsible for any loss, cost, damage or liability that may result.