Terms and Conditions
Written by Administrator
Saturday, 29 January 2011 17:11

1. Quotation and estimates

 

* BlueOrange makes every effort to be as cost effective and accurate as possible, but extra inclusions or exclusions can occur based on specific job requirements. If it is necessary to go beyond the initial brief then we will advise you where appropriate. This usually happens in the case where the client requests excessive changes or wants to take a new direction. Additional time if required is billed hourly.

 

* Quotes are made where specific requests are sought after, such as printing etc, and are subject to the terms contained on the quote, which may supercede these terms and conditions. They are guidelines only and we will not be held responsible if the actual cost differs due to a scope creep or major change. You will be informed of any major variations.

 

* If you acknowledge and accept a quote, it is considered permission to commence work, but we wont be ultimately tied to the contents of the job description as this can change as the job progresses. You will be informed of any variations.

 

 

2. Customers Instructions and supply of content

 

* Where verbal instructions only are received, all care is taken but ultimately BlueOrange shall not be responsible for errors or omissions due to misinterpretation of those instructions. We prefer instructions to be given in writing

 

* If you have any existing logos or other job related logos - it is preferred that they be supplied in Adobe Illustrator or EPS

 

* If logos are supplied in JPG format or have “pixels” within them, the file will be submitted to a quality control test and may need to be retraced to meet quality reproduction standards and therefore may incur a charge.

 

* For all content inclusive items e.g., websites, brochures, business cards, forms etc, all text must be typed and supplied in a common text editor in digital format and be emailed in a clear and easy to understand format.

 

* All images must be supplied in Digital Format ie Vector EPS/AI for logos and HI resolution large file size JPGs for photos. Otherwise a scanning fee or a stock image search and licence fee will be incurred.

 

* It is preferred that all Images and text must be provided to BlueOrange before commencement of work.

 

 

3. Additional Work

 

* BlueOrange reserves the right to charge without notice for any additional work caused by requested changes in job description, additions and alterations.

 

 

4. Sign Off and approvals

 

* The CLIENT will be ultimately responsible for final approval of all proofs. The designer will coordinate this with you and request you to “sign off”. It is important to make all final corrections BEFORE the files go to the printer to avoid delays and excess fees. Designer cannot be liable for any work which has been signed off and approved by client and released to printer. Approvals should be given in some sort of written communication — email, post or faxed.

 

* Verbal sign-off should only occur when time and resource are limited - but we recommend against this, as errors can occur, which you are liable for. BlueOrange will not be liable for any errors found once sign off has been issued.

 

* No job will go into production without your permission or written approval. We take all care and your interest is our concern, but after sign off we are not responsible for any content errors that are picked up after production.

 

* If a phone call is the only method of approval - you are solely responsible for any miscommunication or errors that occur as a result.

 

* Works in progress, not yet approved by client beyond 30 days shall be billed at our discretion. An invoice will be generated for works done to date. The job can be opened up again at a later stage.

 

 

5. Payment, terms, Fees and Charges

 

* Our studio rate is €150+VAT per hour and is not subject to negotiation.

* All prices, quotes and invoices are in Euro, subject to VAT.

* Once the work is completed, BlueOrange shall invoice the client for the quoted value of the work plus any additional charges that have occurred to enable the work to be completed to meet the customer’s requirements.

* A Minimum charge of 1 hr applies for new first time jobs.

* EFT Bank transfers are our preferred method of payment, Cheques are to be made payable to BlueOrange.

* Graphic design and creativity is intellectual property. As every client is different, how we relate our expertise, experience and service is based on your unique situation. We may see fit to charge our services flexibly and vary from our pricing policy as we see fit. You as the client will be notified if this is the case.

* The suspension of the project by the client for any reason, shall entitle BlueOrange to payment in full for the amount of work completed to date.

* Projects are generally billed hourly or by-the-project, or other as outlined in the pricing policy, depending on the scope of the work. Specific fees and terms will be detailed in your project estimate where appropriate and at the discretion of BlueOrange.

* You have the right to question any item contained within the invoice as sometimes errors can occur and we will endeavour to fix them.

 

5.1 PRICING and PAYMENT TERMS:

 

* Upon the receipt of an invoice, payment is due immediately or 30 days for existing clients.

* Non-payment of an invoice within 30 days will result in no action on any of your requests until the full amount is paid. After 90 days legal action will be sought for appropriate compensation.

 

5.2 CHARGEABLE ITEMS (but not limited to and subject to frequent change)

 

* Anything can be deemed chargeable at the discretion of BlueOrange

* Graphic design layout and image manipulation,

* Artwork production, printing and any other related services requested,

* Document layout,

* Drafting amendments,

* Concept development, including research and testing ,

* Requested branding advice or recommendations,

* Creative design, font and colour choice,

* Logo retracing

* Image searching and the purchase of stock image licences,

* Retrieval of previous artwork from our back up systems - except in the case of a straight reprint where WE do the printing.

 

5.3 Other Expenses may include

 

* Hiring a proofreader/illustrator/photographer/other related professional

* Time for designer to check proofs and time on press (if required)

* All related printing, production and supplier fees

* Image scanning

* Portable disks, shipping and courier fees.

* Hosting fees

* Any domain name registration fees

* Ongoing web site maintenance

* Research and testing new developments and technologies at your specific/requested use,

* Phone calls made on your behalf or request with the sole aim of completing your job or at your request

* Further requested meetings aside from the initial meeting (charged with reason)

* Discretionary urgency Fee totalling 20% of the final amount.

* Attending or setting up but not limited to, external activities such as; on site visits, focus groups, art directing other professionals.

* Print management related activities including Proofing, administration and anything within reason that specifically relates to your approved job or request.

* Any out-of-pocket expenses may be subject to a markup of 20% to cover time and costs involved. The client will always be notified beforehand to approve any reasonable expense.

* Copyright release fee if necessary

* Any other reasonable request that requires our staff time or service

 

5.4 NON- CHARGEABLE

 

* Anything can be deemed non-chargeable at the discretion of BlueOrange

* General Office admin

* Initial meetings

* Quotes

* General phone conversations with no relation to work

* Backup storage of your completed jobs and retrieval for straight reprints only.

* General phone support – we want to help you get the best out of our service.

* Fixing errors that are solely our fault

 

6. Copyright

 

* The Client indemnifies and agrees to keep BlueOrange indemnified against all liability, losses or expenses incurred by BlueOrange in any way directly or indirectly connected with any breach of copyright on materials supplied by you the client.

* You, the client acknowledge and are responsible for the supplied properties (i.e. logos, images, text etc.) and that they will not violate any law or regulations or infringe upon or violate the copyright, trademark, or other proprietary right(s) or confidential information of any third party, or violate any right of privacy. If these representations shall be untrue or this warranty is breached, client agrees to hold BlueOrange, as well as any of its’ officers, directors, employees and agents, from all liability, damages, losses, claims, actions, judgments, and costs, including legal fees, arising as a result of any infringement upon the rights of a third party.

* BlueOrange retains the right to all copyright and intellectual property relating to any artwork and creative concepts or ideas created by BlueOrange.

* BlueOrange is at all times the copyright owner of all native and editable digital files, that we create and are stored on our system.

* BlueOrange is the owner of any unused creative output, options, drafts, ideas and electronic artwork created on behalf of the client e.g.; photoshop, indesign and illustrator files

* The client shall be the owner of the actual end product/collateral and content. (i.e. the final idea used, a printed brochure, any produced physical item, actual logo in use on actual collateral, a live website and content contained).

* Should BlueOrange present to you an original idea or design etc and you or another designer use the concept in a similar or identifiable way - without paying for the work done or copyright transfer - this is strictly against copyright and legal action may be taken to stop you using it.

* BlueOrange is opposed to “free pitching”. BlueOrange will not do work or present ideas for free in order to show or present an idea or when pitching in competition with another design firm. A price must be agreed upon before we spend our time on any work undertaken at your request.

* The general release of electronic files to the client is at the discretion of the designer and more often than not will be freely given for your use but BlueOrange still retain the copyright ownership to the digital file itself. Should you give our file to another designer without our permission, this is in breach of our copyright.

* Should the client choose to cease business with BlueOrange and/or wishes to buy the copyright and electronic file ownership, a copyright and complete ownership request is required in writing and incurs a €1000 “copyright Assignment fee”, a basic retrieval fee of €24.75+ postage fee for delivery of requested files. The client will only receive the files upon BlueOrange receiving payment.

* Once a copyright has been purchased, the files will be deleted from our digital backup system - but not from our external dvd - and if specifically requested, won’t be used in any BlueOrange promotional material.

 

 

7. CLIENT SATISFACTION:

 

* BlueOrange thrives on repeat and referral business - most of our clients have been working with us for a number of years and feel very comfortable referring friends, colleagues and peers. It is a top priority that clients’ expectations are not only met but also exceeded.

 

8. PRINTING:

 

* We source and use a number of printing and production agencies and are subject to change

* Printing fees are generally billed with each job and included on a tax invoice together with the artwork.

* Print management fees are included in every print job and are part of any quote or invoice but will not be separated as a separate line item in ANY invoice.

 

9. PROOF READING:

 

* Our in-house graphic designers are not trained proofreaders or copywriters, and while every effort will be made to ensure accuracy it is recommended that you, the client, checks everything and is solely responsible for approving artwork BEFORE the job goes to production. Should the services of a professional proofreader be needed, BlueOrange can gladly recommend one on your behalf. Websites can be easily updated so proofreading is not as critical as print jobs. Although still important especially with detail such as pricing.

* The limit of our proofing is to make sure, that what we have designed is what gets produced. Eg: quality of finish etc

 

10. LOGO TRADEMARK RESEARCH / LEGAL:

 

* Please note that BlueOrange does NOT offer or provide logo trademarking research, registration services or legal advice. A legal practitioner is recommended for this complex service. We take all care to provide original artwork but we do not assume responsibility or any liability in the event that a name, slogan or design conflicts in any way with an existing name, slogan or design. If this situation arises, we will provide adequate time at our expense to alter the logo in such a way that it no longer conflicts. This may be done up to 6 months after completion of the original logo. It is highly advisable that clients research and register their COMPANY NAME with the appropriate registrars before proceeding with design services.

 

11. ARTWORK STORAGE:

 

* All files are stored electronically and are logged via a database for quick retrieval and access. All files are backed up, daily to external media and systematically on dvd and stored off the premises to ensure loss of work is kept to a minimum. Retrieval fees may be incurred at the discretion of BlueOrange. Also retrieving a job from backup is included in the time allocation if previous elements are used in the newly requested job.

 

12. LIABILITY LIMIT:

 

* BlueOrange’s liability for any job shall be limited to design and to any service that attracts a fee. BlueOrange cannot be held liable for any consequential or special damages such as profit losses.

 

13. PROJECT TERMINATION:

 

* If at any time client chooses not to complete their project then BlueOrange shall be compensated for all work to date.

 

14. PROMOTIONAL USE:

 

* BlueOrange may reproduce and alter for its own promotion: any design, artwork or layout in promotional materials such as our own brochures, mailers, or on our website. This will be solely to promote our own services.

* If you do NOT want your project(s) to appear in our studio’s promotional materials please send a written request to us.

 

 

 

Last Updated on Saturday, 19 February 2011 23:14