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Terms and Conditions

The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Morven Maciver.

All design work is carried out by Morven Maciver on the understanding that the client has agreed to abide by Morven Maciver’s terms and conditions.

Copyright of all graphic design work is retained by Morven Maciver 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 Morven Maciver as fulfilling the contract. All other artwork designs remain the property of Morven Maciver, unless agreed in writing.

Project Acceptance

At the time of proposal, Morven Maciver will provide the customer with a written estimate or quotation by post or email as requested.

Estimates are valid for 30 days from the date of estimate.

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 Morven Maciver 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 Morven Maciver’s terms and conditions. No work on a project will commence until acceptance of the estimate/quotation has been received by Morven Maciver.

The project may be re-estimated upon receipt of all project elements if it is determined the scope of the project has been altered significantly from the originally agreed concept. Morven Maciver will keep the client informed and request authorisation to proceed should the job alter at any time.

Should the client choose to cancel the project before the project’s completion, payment must be made in full.

Copy and images must be supplied prior to the job commencing. Not supplying necessary information may affect agreed timelines and deadlines.

Design Fees

Fees for design services to be provided by Morven Maciver, will be set out in the written estimate or quotation that is provided to the customer. At the time of 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 £500.00. Work on the project will not commence until Morven Maciver has received this amount.

Charges for Other Services

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 and will be made known to the client. They will become fully payable at the time of project acceptance.

Payment

The client will be asked to provided artwork sign off before being issued with an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charge of 8% plus the Bank of England base rate per month of the outstanding amount.

Payments may be made by Bacs, or previously agreed electronic funds transfer. Cheques are not accepted.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Morven Maciver shall be considered entitled to remove Morven Maciver’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, 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 Morven Maciver 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 Morven Maciver for inclusion in the customer’s brochure 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 Morven Maciver on behalf of the customer, will remain the property of Morven Maciver and/or it’s suppliers, in which full copyright will be passed to the client upon receipt of full payment. When Morven Maciver is contracted to supply printed documents, this does not include the supply of any print-ready artwork (PDF or Native files).

Native/source files created by Morven Maciver remain under ownership of Morven Maciver. Files can be requested prior to the project commencing and are subject to a release fee of 100% of the total job. Only upon receipt of payment of the agreed release fee will Morven Maciver supply full artwork for client’s use. NB: This does not include the supply of fonts due to licencing restrictions. Any stock imagery or logos used, the client must also have the correct licence for use. Morven Maciver is not responsible for any editing, loss or changes to the supplied source files after transfer to the client.

By supplying images, text, or any other data to Morven Maciver, the customer grants Morven Maciver permission to use this material freely in the pursuit of the design and to utilise the designs in Morven Maciver’s portfolio unless agreed otherwise.

Should Morven Maciver, 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 Morven Maciver to remove and/or replace the file.

The customer agrees to fully indemnify and hold Morven Maciver 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.

Artwork Approval, Errors and Omissions

Morven Maciver will take all reasonable care to check proofs for accuracy in relation to the technical illustrations. However, it is the responsibility of The Client to check all artwork carefully for errors and omissions before final sign off and publishing. Morven Maciver is not liable for loss, expense or damage caused by any act of error or omission.

Data Formats

The client agrees to Morven Maciver’s definition of acceptable means of supplying data to the company.

Text is to be supplied to Morven Maciver 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 Morven Maciver via CD, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Morven Maciver will not be held responsible for any image quality which the client later deems to be unacceptable. Morven Maciver 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 Morven Maciver of a design project’s duration is to be considered by the customer to be an estimation. Morven Maciver cannot be held responsible for any project overruns, whatever the cause.

Design Project Completion

Morven Maciver considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and treated as a separate charge.

Website Design, Development and Hosting Terms and Conditions

The Client is liable to pay Morven Maciver for any domain name registrations and the initial set-up of the hosting if included as part of the website build.

Any support relating to the domain name, hosting and email services are between the Client and the third-party service.

Any other domain name and hosting services or costs not included by Morven Maciver, including but not limited to further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrades, extra disk space, bandwidth and any other related or hidden charges, are to be paid by the Client to the third party services. The Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services. The Client agrees that if at any time their contact details, including email address, change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain name and hosting services are not received by the Client. The Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless Morven Maciver from any claim resulting from the Clients publication of material and use of the domain name, hosting and email services.

Morven Maciver reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.

The Client agrees that a web page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of web code by Internet browser software. The Developer agrees to try to match the design as closely as is possible when building the code. During a website project, it is important that the Client communicates information to Morven Maciver to achieve the required result.

Morven Maciver endeavours to create pages that are accessible to search engines. However, Morven Maciver gives no guarantee that the site will become listed with search engines.

If an error or issue with the design or code arises during the development phase of the project, which does not allow the design or code to match the original specification, then the Client agrees that Morven Maciver can apply the nearest available alternative solution. Once a site is live (or the site is ready to go live and merely requires the customer to add content) the project is deemed to be complete. The client has 1 month in which to provide evidence of errors caused by Morven Maciver, these will be reviewed and if errors are genuinely caused by Morven Maciver they will be put right. If errors are caused by the client (i.e. during the use of the Content Management System) then steps taken to remedy errors will be chargeable.

Morven Maciver at all times applies reasonable skill and care in the provision of services.

On request, Morven Maciver can create a copy of the website to be sent to the Client on project completion. A small charge will be made to cover the cost of this unless quoted otherwise.

After site completion, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. Notification MUST be given to Morven Maciver. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the Client or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, Morven Maciver reserves the right to quote for work to repair the website.

It may also be that the Client will need to pay for any subscriptions or licences for any software on the website.

Morven Maciver reserves the right to assign subcontractors in whole or as part of a project if needed.

Morven Maciver will keep a copy of the site and design source files when a website project is being worked on. However, the Client agrees that it is their responsibility to have regular backups made by themselves or the third party hosting services in case of a software or hardware failure at the third party hosting servers.

Morven Maciver is in no way responsible for the date on the client’s website (unless a maintenance package is subscribed to).

Morven Maciver shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the standard development platform, which includes recent versions of the main browsers, Google Chrome, Internet Explorer and Mozilla Firefox. The Client agrees that Morven Maciver cannot guarantee correct functionality with all browser software across different operating systems and devices.

The Client agrees that, following the handover of files, any updated software versions of the browsers detailed in the standard development platform, including the browsers Google Chrome, Internet Explorer and Mozilla Firefox, domain name set-up changes or hosting set-up changes thereafter may affect the functionality and display of their website. As such, Morven Maciver reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software, domain name or hosting changes.

The Client agrees that more advanced applications on a website page may require a newer browser version, theme, or plug-in. Morven Maciver reserves the right to quote for any work involved in changing the website design or website code to rectify themes or plug-ins no longer supported.

Once web design is complete, Morven Maciver will provide the customer with the opportunity to review the resulting work. Morven Maciver 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 Morven Maciver by email.

Morven Maciver 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

Morven Maciver offers a hosting service through an out-sourced server. Morven Maciver does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Morven Maciver may request that clients change the type of hosting account used if that account is deemed by Morven Maciver to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for Morven Maciver’s hosting service are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and Morven Maciver are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.

Maintenance Packages

The Client can subscribe to an annual maintenace package. Payment can be by monthly standing order or in full. This will keep the website software up-to-date and regular backups will be made and includes edits to the site (these edits are dependant on the package subscribed to).

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 Morven Maciver no less than 30 days prior to the renewal date for your Services.

Assistance with transfer of your website and associated emails to a different host of your choice will incur charges.

Design Credits

The customer agrees to allow Morven Maciver to place a small credit on printed material, exhibition displays, advertisements and/or a link to Morven Maciver’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 Morven Maciver to place all designs on Morven Maciver’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.

Rights of Refusal

Morven Maciver 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. Morven Maciver also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Morven Maciver does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Morven Maciver to remove the contravention without hindrance, or penalty. Morven Maciver 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 email, however, following this, Morven Maciver will need formal notification in writing. 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 Morven Maciver within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

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

Morven Maciver 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. Morven Maciver will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Morven Maciver 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. Morven Maciver 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. Morven Maciver 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 Morven Maciver and validated by the customer’s signature on the estimate or quotation, 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 Morven Maciver.