World Class Creatives

 

Terms & Conditions 

 

Please read these terms and conditions before agreeing to proceed with any work to be undertaken by World Class Creatives.

 

1.GENERAL - These conditions of World Class Creatives (WCC) apply to the exclusion of any terms or conditions of the Customer. No variation of these conditions will be binding on WCC or form part of any contract unless expressly accepted by WCC in writing.

 

2.ESTIMATES - WCC will usually attempt to estimate a price.Where possible a full brief, preferably in writing should be supplied by the Customer to WCC before such an estimate can be prepared.

 

3.COST VARIATIONS - All prices quoted are, in the absence of specific written agreement to the contrary, estimated only. WCC quotations for design work are based upon projected working hours at the current studio rate, plus materials, and are subject to amendment on or after acceptance to meet any rise or fall in such rates or material costs. Any increased charges or costs arising from alterations or additions to contractual specifications or to work previously approved, may be charged to the Customer.Other expenditure such as material sub-contracted on behalf of the Customer will be quoted separately.

 

4.CONSEQUENTIAL LOSS - WCC shall not be liable for any loss or damage, whether direct or consequential, which is or may be occasioned to the Customer or to any person with whom he is in contractual relations which is in any way attributable to any delay in performance or completion of any contract between WCC and the Customer, however that delay arises.

 

5.CUSTOMERS' PROPERTY - Customers property when supplied to WCC will be held at the risk of the Customer, although all reasonable care will be taken to prevent loss or damage. If 3rdparties are sub contracted by WCC and are to use this artwork to complete their requested task, then all artwork remains the property of the WCC customer and may not be copied or used in any manner by the 3rd party for their own works outside of WCC.Once the job has been completed all copies of the artwork either hard or soft are to be returned to WCC or be completely deleted from their systems or servers.

 

6.INITIAL WORK - Work produced, whether experimentally or otherwise, at Customer request will be charged for unless otherwise agreed in writing. If the Customer wishes to terminate an order at this stage, a termination invoice will be drawn up charging for time and materials up to this point.

 

7.PROOFS - Final proofs will be presented by WCC to the Customer for approval prior to publishing. When approval is given by the Customer in the form of a signature upon our approval stamp, he is assumed by WCC to have studied all aspects of the material presented and to be satisfied with them, noting any exceptions in writing.

 

8.IN THE EVENT THAT - (a) the customer becomes apparently insolvent ( within the meaning of the Bankruptcy)or makes any voluntary arrangement with it's creditors, or (b) a petition is presented or a resolution is passed to wind up the customer(other than for the purposes of reconstruction or amalgamation as a solvent company ), or (c) a receiver is appointed over the whole or any part of the assets of the Customer or an administration order is made in respect of the Customer, or (d)the Customer shall otherwise cease trading, or (e) any diligence,distress, execution or other process is levied or enforced against any property of the customer, then in any such event WCC shall(without prejudice to any other right or remedy available to it) been titled to cancel any contract between itself and the Customeror suspend any further deliveries of goods or the provision of any further services under any such contract without any liability to the Customer and if any goods or services have been delivered or supplied but not paid for, the price of such goods and services shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary.

 

9.COPYRIGHT (a) The Customer shall not submit for use byWCC anything whose use would constitute an unauthorised dealing with copyright material. In the event of any breach of this condition resulting in such an unauthorised dealing, the Customer shall remain liable to pay all sums due to WCC under the relevant contract and shall further indemnify WCC against any loss, costs or expenses attributable to such unauthorised dealing.(b) All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by WCC in implementation of any contract between WCC and the Customer shall remain with WCC until full payment has been received. For the purposes of these conditions, WORK means and includes any artistic, literary or dramatic work within the meaning of the(amended) Copyright.

10.PAYMENT - A payment will usually be taken when work begins. Invoicing may be split into agreed phases in the event of lengthy jobs. The final payment will be taken upon completion of finished artwork. Divided payments by standing order maybe considered under certain circumstances such as regular consultancy or administrative work.

 

10.1 PAYMENT (Maintenance) - Maintenance rates will become effective if one of the following is met (a) the original site has been created and paid for in full. (b) otherwise stated in writing by a WCC representative. Maintenance will be charged out atthe current Maintenance Rate and will be charged half hourly. A minimum charge of one half hour will apply. WCC has the rightto decide if a job meets a maintenance or design title. If the jobmeets a design title then the design rate will be applicable.

 

10.2 PAYMENT (Project Postponement ) - If a project is postponed or cancelled after more than 50% completion, then the balance of works will be invoiced and then completed at the customers continuation date (if any). If the project is cancelled before 50% completion then a refund will be issued minus charges accumulated by WCC or any 3rd party costs that WCC occurred during the project. These prices will be calculated at WCC standard design rate based on the hours already spent including any 3rd party costs. Setup costs are not refundable.Administration costs will also be applicable. Percentage of works completed will be calculated on current hours spent minus current hours quoted. Proof in the form of a project time sheet will be provided to the customer.

 

11. TERMS - All payments must be made before the invoice due date, unless agreed otherwise. Prices quoted by WCC are inclusive of GST which will, where appropriate, be payable bythe Customers. Where Hosting invoices are overdue by 30 days WCC reserves the right to lock all email facilities; at 60 days the web site may be closed; at 90 days legal proceedings mayc ommence.

 

12. TITLE - Ownership of any work delivered to the Customer under any contract between WCC and the Customer, or of any other goods delivered under any such contract, shall not pass to the Customer until payment in full of all sums due to WCC under such contract has been made to WCC. The risk of damage toor destruction of any item delivered by WCC to the Customer shall pass to the Customer upon delivery, notwithstanding that ownership of the item has not then passed, and the Customer shall ensure that such item is adequately insured from time of delivery.

 

13. SUB CONTRACTING - WCC may employ any person,company or firm as a sub-contractor for the production or provision of any printed or other item in accordance with any original design or other work produced by WCC for the Customer.

 

14. NON-PAYMENT- Failure by the Customer to meet financial obligations may result in legal proceedings by WCC under which circumstances ALL legal costs and other administrative expenses will be recoverable in full by WCC.

 

15. SEARCH ENGINES- A specific position in the search engine results is not guaranteed. We will make every attempt to obtain a Top Ranking for your keyword phrases, but are not liable for circumstances beyond our control. Such as change in policies of the search engines involved, spontaneous drops our other anomalies out of our control.

 

15b. We will not index sites that promote hate or discrimination based on race, religion, sex, age, sexual orientation or any other type of grouping. We reserve the right to refuse to promote any site we deem as unacceptable for any reason, without explanation.

 

15c. No retroactive refunds will be made, This service is a monthly,Quarterly our Yearly service. For purposes of this agreement,WCC shall have no responsibility under this agreement during periods when the search engine is not available either for searching or submissions. WCC will not be responsible for any further damages of any kind.

 

15d. The code that we actually use to index your page with the search engines is proprietary even though it is based on your original pages. The information (all codes, HTML, Java all work that has been manually done) may not be sold, used, or transferred another website without our written permission.

 

15e. We will not ‘spamdex’ your pages into unrelated keyword categories. That means that if your page is the “cheap car insurance” page, we will not index it into the “ford trucks” keyword search page. This kind of indexing is harmful to useful operation of all search engines.