Really important and worth reading…
We work well with our clients because our relationships are based on honesty and trust, but all work needs guidance in the form of terms and conditions. Here are ours, drafted by a lawyer of course, but still in straight-forward.
Please do read them – it’s important that you know what we charge for and why we charge it, why certain copyright files are not released by us and also what charges you might incur for late payment, additional work or copyright releases.
If you have any questions, please do ask.
Thank you.
Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by Design Studio 45 and in the event of any dispute are Delhi Court.
All work is carried out by Design Studio 45 on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Design Studio 45 on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of designs is 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 Design Studio 45, unless specifically agreed in writing.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Design Studio 45 reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Rights of Refusal
Design Studio 45 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. Design Studio 45 also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Design Studio 45 does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Design Studio 45 to remove the contravention without hindrance, or penalty. Design Studio 45 is to be held in no way responsible for any such data being included.
Cancellation & Refund
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Design Studio 45 will need formal notification in writing to the company’s postal address/Email 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 Design Studio 45 within 10 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
Design Studio 45 makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Design Studio 45 will not be held responsible for any and all damages resulting from products and/or services it supplies. Design Studio 45 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 Design Studio 45 responsible for any such loss or damage. Any claim against Design Studio 45 shall be limited to the relevant fee(s) paid by the customer.
Design Studio 45 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. Design Studio 45 will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Design Studio 45 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. Design Studio 45 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.
Arbitration
The parties do hereby agree that any claim, controversy, or other dispute between them relating to or pursuant to this Agreement be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration hearings, proceedings and all meetings held pursuant to this clause shall be held in New Delhi, India and shall be conducted in English.
The arbitration shall be conducted by a single arbitrator who shall be jointly appointed by the Parties. The decision of the arbitrator(s) shall be final and binding upon the Parties. The expenses of the arbitrators shall be shared equally by the Parties.
For all matters which are referable to the courts pursuant to the Arbitration and Conciliation Act, 1996 or otherwise the courts of law at New Delhi shall have exclusive jurisdiction.
Hosting websites
Design Studio 45 offers a limited hosting services through an out-sourced virtual server. Design Studio 45 does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Design Studio 45 may request that clients change the type of hosting account used if that account is deemed by Design Studio 45 to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Design Studio 45 virtual server 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 Design Studio 45 are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
Domain Registration
Design Studio 45 cannot guarantee the availability of any domain name. Where Design Studio 45 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 site’s ranking, Design Studio 45 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 Design Studio 45 to place a small credit on printed material exhibition displays, advertisements and/or a link to Design Studio 45 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 Design Studio 45 to place websites and other designs, along with a link to the client’s site on designstudio45.in own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Design Studio 45, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.designstudio45.in.
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, 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 Design Studio 45.