Any design, copywriting, drawing, idea or code created for the customer by TMC, 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 TMC 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. TMC will not be held responsible for any and all damages resulting from such claims. TMC is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold TMC responsible for any such loss or damage. Any claim against TMC shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to TMC's definition of acceptable means of supplying data to the company.
Text is to be supplied to TMC in electronic format as standard text (.txt), MS Word (.doc) or CD-ROM, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by TMC via, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and TMC will not be held responsible for any image quality which the client later deems to be unacceptable. TMC 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 TMC of a design projects duration is to be considered by the customer to be an estimation. TMC 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 TMC for the initial payment or by date confirmed in writing by TMC.
Rights of Access for Website Construction
The client agrees to allow TMC all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow TMC access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply TMC with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
TMC considers the design project complete upon receipt of the customer's signed Approval form. 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.
Website Design Only
Once web design is complete, TMC will provide the customer with the opportunity to review the resulting work. TMC 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 TMC by e-mail or fax and confirmed by post.
TMC 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.
Hosting websites
TMC does not offer in-house hosting services. TMC can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. TMC may request that clients change the type of hosting account used if that account is deemed by TMC to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organisation are the responsibility of the client and TMC are not liable for their payment.
Domain Registration
TMC cannot guarantee the availability of any domain name. Where TMC is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a sites ranking, TMC cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
Design Credits
The customer agrees to allow TMC to place a small credit on printed material exhibition displays, advertisements and/or a link to TMC's own website on the customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow TMC to place websites and other designs, along with a link to the client's site on TMC's own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
TMC 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. TMC also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that TMC does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow TMC to remove the contravention without hindrance, or penalty. TMC 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, TMC will need formal notification in writing to the companies 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 TMC within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
TMC makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. TMC will not be held responsible for any and all damages resulting from products and/or services it supplies. TMC 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 performace or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold TMC responsible for any such loss or damage. Any claim against TMC shall be limited to the relevant fee(s) paid by the customer.
TMC 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. TMC will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
TMC 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. TMC 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. TMC 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 TMC 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 TMC.