Lily Ripple Designs’ Terms and Conditions
The following Terms and Conditions of Service apply to all products and services provided by Lily Ripple Design.
All work is carried out by Lily Ripple Design is on the understanding that the client has agreed to Lily Ripple Design’s terms and conditions.
Copyright is retained by Lily Ripple Design 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 Lily Ripple Design as fulfilling the contract. All other designs remain the property of Lily Ripple Design, unless agreed in writing that this arrangement has been changed.
At the time of proposal or job request, Lily Ripple Design will provide the customer with a written estimate, quotation or speak to the client on the phone. The Terms and Conditions can be read on Lily Ripple Design’ website and if contact has been made after finding Lily Ripple online it is of the understanding that the client has also read the terms and conditions found on the website. If contact has been made via a referral and not as the result of the website, Lily Ripple will advise the client of the terms and conditions on the website.
Charges for design services to be provided by Lily Ripple Design, will be set out in the written quotation or final invoice that is provided to the customer. If a quotation has been given for future design services, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Lily Ripple Design has received this amount. If works has already been carried out and final invoice has been provided, full payment is due within 7 days.
The customer will be provided with an Approval Form and/or Review of the work provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per week of the outstanding amount.
Payments may be made by cash, or electronic funds transfer as per bank account details supplied.
Publication and/or release of work done by Lily Ripple Design on behalf of the client, may not take place before cleared funds have been received.
No personal or business checks will be accepted as form of payment for any service.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned payment. Lily Ripple Design shall be considered entitled to remove Lily Ripple Design and/or the customer’s material from any and all computer systems, until the amount due has been fully paid.
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 Lily Ripple Design 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 Lily Ripple Design for inclusion in the customer’s business cards, flyers, pamphlets, 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 Lily Ripple Design on behalf of the customer, will remain the property of Lily Ripple Design and/or it’s suppliers.
The customer may request in writing from Lily Ripple Design the necessary permission to use materials (for which Lily Ripple Design holds the copyright) in forms other than for which it was originally supplied, and Lily Ripple Design may, at its 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 Lily Ripple Design, the customer grants Lily Ripple Design permission to use this material freely in the pursuit of the design.
Should Lily Ripple Design, or the customer supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, 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 Lily Ripple Design to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Lily Ripple Design 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.
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.
The customer also agrees that Lily Ripple Design holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Lily Ripple Design, 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 Lily Ripple Design and any of it’s 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 first use or searches and legal advice sought as to its use. Lily Ripple Design will not be held responsible for any and all damages resulting from such claims. Lily Ripple Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Lily Ripple Design responsible for any such loss or damage. Any claim against Lily Ripple Design shall be limited to the relevant fee(s) paid by the customer.
Design Project Duration
Any indication given by Lily Ripple Design of a design project’s duration is to be considered by the customer to be an estimation. Lily Ripple Design 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 Lily Ripple Design for the initial payment or by date confirmed in writing by Lily Ripple Design.
Design Project Completion
Lily Ripple Design considers the design project complete upon receipt of the customer’s Review and signed Approval form or when when work has been sent via Dropbox or Wetransfer. Other services such as printing, display panel production, filmwork, website uploading, publishing etc., either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Rights of Refusal
Lily Ripple Design 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.Lily Ripple Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Lily Ripple Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Lily Ripple Design to remove the contravention without hindrance, or penalty. Lily Ripple Dsign is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Lily Ripple Design will need notification in writing to the company’s email address, which may be instructions to continue work discussed. 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 7 days. Please note: any cancellation which is not formally confirmed in writing and received by Lily Ripple Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Lily Ripple Design 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 Lily Ripple Design and validated by the customer’s signature on the estimate or quotation form, or acknolodgement via email, constitutes acceptance of the estimate or quotation or to continue with the job and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Lily Ripple Design.