The following Terms and Conditions of service apply to all artwork, graphic design, print and services provided by Mashuni Limited. (hereby known as “Mashuni”)
All design work is carried out by Mashuni on the understanding that the client has agreed to abide by Mashuni’s terms and conditions.
Copyright of all graphic design work is retained by Mashuni 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 Mashuni as fulfilling the contract. All other artwork designs remain the property of Mashuni, unless agreed in writing.
At the time of request, Mashuni will provide the customer with a written estimate or quotation by post or email. 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 Mashuni by email or post. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Mashuni’s terms and conditions. No work on a project will commence until either document has been received by Mashuni.
Fees for design services to be provided by Mashuni, will be set out in an electronic estimate or quotation that is provided to the customer. Upon 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 on projects worth over £1000.00. Work on the project will not commence until Mashuni has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design, will be made known to the client. They will become fully payable at the time of project acceptance.
The client will be asked to provide artwork sign off before being issued with an invoice prior to print/artwork/publication. Clients will be invoiced for all work completed during any calendar month. Payment terms are strictly 7 days from date of invoice. At this time the remainder of the fees due will become payable. For all website work an initial deposit of 25% of the estimated figure is required with balances due at the end of each calendar month or website stage as detailed in the estimate.
Payments may be made by Bacs, cheque, or previously agreed electronic funds transfer. Returned cheques will incur an additional fee of £50 per returned cheque. Mashuni reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Mashuni shall be considered entitled to remove Mashuni 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 Mashuni reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyright and Trademarks
By supplying text, images and other data to Mashuni for inclusion in the customer’s marketing media, 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 Mashuni on behalf of the customer, will remain the property of Mashuni and/or it’s suppliers, in which full copyright will be passed to the client upon receipt of full payment. By supplying images, text, or any other data to Mashuni, the customer grants Mashuni permission to use this material freely in the pursuit of the design and to utilise the designs in Mashuni’s portfolio unless agreed otherwise. Should Mashuni, 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 Mashuni to remove and/or replace the file. The customer agrees to fully indemnify and hold Mashuni 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 Mashuni 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 Mashuni, 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 Mashuni 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. Mashuni will not be held responsible for any and all damages resulting from such claims. Mashuni is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Mashuni responsible for any such loss or damage. Any claim against Mashuni shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Mashuni’s definition of acceptable means of supplying data to the company. Text is to be supplied to Mashuni in electronic format as standard text (.txt), MS Word (.doc) on CD, USB data stick, or via e-mail. Images which are supplied in an electronic format, are to be provided in a format as prescribed by Mashuni via CD, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Mashuni Ltd Ltd will not be held responsible for any image quality which the client later deems to be unacceptable. Mashuni 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.
Mashuni will always attempt to provide an accurate timeframe for delivery of any design concepts, artwork, copywriting or production. Any indication given by Mashuni of a design project’s duration is to be considered by the customer to be an estimation. Mashuni cannot be held responsible for any project over-runs, whatever the cause.
Mashuni considers the project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, website maintenance, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Once web design is complete, Mashuni will provide the customer with the opportunity to review the work. Mashuni 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. Mashuni 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.
Mashuni offers a full hosting service through an out-sourced server. Mashuni does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Mashuni may request that clients change the type of hosting account used if that account is deemed by Mashuni to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for Mashuni’s hosting service are due at the commencement of any period of service and are non-refundable. Where Mashuni has purchased a domain name on behalf of a client, the renewal of the registration will be automatic and a fee will be due upon invoice. If the client no longer wishes to retain the domain name a written instruction to cancel the domain renewal must be received at least two months prior to the renewal date.
Duration and Renewal of Hosting Services
Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in writing will automatically be renewed for the billing period chosen on sign up. You are entitled to cancel the Services by contacting Mashuni no less than 3 months prior to the renewal date for your Services.
The customer also agrees to allow Mashuni to place all designs on Mashuni’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
Mashuni 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. Mashuni also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Mashuni does include in good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Mashuni to remove the contravention without hindrance, or penalty. Mashuni 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 email, however, following this, Mashuni will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed after instructions to proceed. The balance of monies due must be paid upon invoice. Please note: any cancellation which is not formally confirmed in writing and received by Mashuni Ltd Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Mashuni makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Mashuni will not be held responsible for any and all damages resulting from products and/or services it supplies. Mashuni 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 Mashuni responsible for any such loss or damage. Any claim against Mashuni shall be limited to the relevant fee(s) paid by the client. Mashuni 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. Mashuni will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Mashuni 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 Mashuni and validated by the customer’s signature on the estimate, constitutes acceptance of the estimate and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Mashuni.