TERMS OF BUSINESS

The term RCD Creative Limited or ‘us’ or ‘we’ refers to the owner of the website www.rcdcreative.co.uk whose registered office is ‘Bank Gallery, High Street, Kenilworth, Warwickshire CV8 1LY. The term ‘you’ refers to the user or viewer of our website.

PROJECT ACCEPTANCE

At the time of proposal, RCD Creative Limited will provide the customer with a written estimate or quotation by email unless otherwise agreed. 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 RCD Creative Limited.

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 RCD Creative Limited 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 RCD Creative Limited will be set out in the written estimate or quotation that is provided to the customer unless otherwise agreed. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50%, or the entire quoted fee may become immediately due depending on account status.

Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) per cent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) per cent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

SOURCE FILES

We will supply proofs and PDF files as appropriate for printing, or other files as detailed in the job scope or request.

CHARGES FOR OTHER SERVICES

Depending on account status, charges for any additional services requested during the project that are over and above the estimated time or out of scope may become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

PAYMENT

The customer will be provided with a Proof Email, and an Invoice prior to final publication. At this time, the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to RCD Creative Limited. Any invoice queries must be submitted by email within 7 days of the invoice date.

Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in the regular mail unless sent recorded delivery. Publication and/or release of work done by RCD Creative Limited on behalf of the client, may not take place before cleared funds have been received.

RCD Creative Limited are entitled to add at their discretion, compounding interest onto any overdue balances. This can be added at any point at a rate of 2% per day of the overdue amount. This charge will be served as an additional invoice that is due from the date of issue.

DEFAULT

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. RCD Creative Limited shall be entitled to remove RCD Creative Limited’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, design and maintenance, sub-contractors, printers and media. 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 RCD Creative Limited’s 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 RCD Creative Limited for inclusion in the customer’s website or other 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 RCD Creative Limited on behalf of the customer, will remain the property of RCD Creative Limited and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright 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 RCD Creative Limited, the necessary permission to use materials (for which RCD Creative Limited holds the copyright) in forms other than for which it was originally supplied, and RCD Creative Limited 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.

Copyright is retained by RCD Creative Limited on all design work including words, pictures, ideas, visuals, print, media and illustrations unless specifically released in writing and after all costs have been settled. If a selection of designs are 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 RCD Creative Limited unless specifically agreed in writing.

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 licence fees or fees for upgrades are the responsibility of the client, not RCD Creative Limited.

By supplying images, text, or any other data to RCD Creative Limited, the customer grants RCD Creative Limited permission to use this material freely in the pursuit of the design.

Should RCD Creative Limited, 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 RCD Creative Limited to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold RCD Creative Limited 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.

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 RCD Creative Limited 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 RCD Creative Limited, 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 RCD Creative Limited and any of its 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.

RCD Creative Limited will not be held responsible for any and all damages resulting from such claims.

RCD Creative Limited is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold RCD Creative Limited responsible for any such loss or damage. Any claim against RCD Creative Limited shall be limited to the relevant fee(s) paid by the customer.

DATA FORMATS

The client agrees to RCD Creative Limited’s definition of acceptable means of supplying data to the company. The text is to be supplied to RCD Creative Limited in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.

Images which are supplied in an electronic format are to be provided in a format as prescribed by RCD Creative Limited via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and RCD Creative Limited will not be held responsible for any image quality which the client later deems to be unacceptable. RCD Creative Limited 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, colour correction and alteration of images.

DESIGN PROJECT DURATION

Any indication given by RCD Creative Limited of a design project’s duration is to be considered by the customer to be an estimation. RCD Creative Limited 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 RCD Creative Limited for the initial payment or by date confirmed in writing by RCD Creative Limited.

RIGHTS OF REFUSAL

RCD Creative Limited 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. RCD Creative Limited also reserves the right to refuse to include submitted material without giving the reason. In the situation where any images and/or data that RCD Creative Limited does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow RCD Creative Limited to remove the contravention without hindrance, or penalty. RCD Creative Limited 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, however, following this, RCD Creative Limited will need formal notification in writing to the company’s postal address. 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 RCD Creative Limited within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

DISCLAIMER

RCD Creative Limited makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. RCD Creative Limited will not be held responsible for any and all damages resulting from products and/or services it supplies. RCD Creative Limited 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 RCD Creative Limited responsible for any such loss or damage. Any claim against RCD Creative Limited shall be limited to the relevant fee(s) paid by the customer.

RCD Creative Limited 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. RCD Creative Limited will not knowingly perform any actions to contravene these and the client also agrees to be so bound.