The following Terms and Conditions of Service apply to all products and services provided by twohundredby200.
All work is carried out by twohundredby200 on the understanding that the client has agreed to twohundredby200’s terms and conditions.
Copyright is retained by twohundredby200 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 design is presented, only one solution is deemed to be given by twohundredby200 as fulfilling the contract. All other designs remain the property of Twohundredby200, unless agreed in writing that this arrangement has been changed.
Acceptance of Project
At the time of proposal, twohundredby200 will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on the Twohundredby200 website.
A copy of the written estimate or quotation is to be acknowledged by the customer in email or written form to indicate acceptance. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept twohundredby200’s terms and conditions, or an email acknowledging acceptance of the quotation.
No work on a project will commence until acceptance of the quotation has been received by twohundredby200.
Design Service Charges
Charges for design services to be provided by twohundredby200 will be set out in the written estimate or quotation that is provided to the customer.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of twenty (20) percent of the project quotation total before the work is supplied to the Client for review. The remaining eighty (80) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
Ownership of Source Files
Charges for design work do not cover the release of copyright design files including indd, psd, cdr, ai or any other source files; if the Client requires these files, they may be subject to a separate quotation or ‘buy-out’ charge unless agreed upon prior to the commencement of work.
The customer will be provided with an Invoice prior to final publication. At this time the amount due will become payable.
Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.
Payments may be made by online transfer, cash or previously agreed electronic funds transfer.
Publication and/or release of work done by twohundredby200 on behalf of the client, may not take place before cleared funds have been received.
Definition of Default
An account shall be considered default if it remains unpaid twohundredby200 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 its obligation to pay the due amount. Customers whose accounts become default agree to pay twohundredby200 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 twohundredby200 for inclusion in the customer’s website 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 twohundredby200 on behalf of the customer, will remain the property of twohundredby200 and/or its suppliers unless agreed upon prior to the commencement of work.
If no prior agreement has been made, the customer may request in writing from twohundredby200, the necessary permission to use materials (for which twohundredby200 holds the copyright) in forms other than for which it was originally supplied, and twohundredby200 may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to twohundredby200, the customer grants twohundredby200 permission to use this material freely in the pursuit of the design. Should twohundredby200, 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 twohundredby200 to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold twohundredby200 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.
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.
The customer also agrees that twohundredby200 holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing of Work
Any design, copywriting, drawing, idea or code created for the customer by twohundredby200, 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 Twohundredby200 and any of its relevant sub-contractors unless agreed upon prior to the commencement of work.
All design work – where there is a risk that another party 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. twohundredby200 will not be held responsible for any and all damages resulting from such claims. twohundredby200 is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Twohundredby200 responsible for any such loss or damage. Any claim against twohundredby200 shall be limited to the relevant fee(s) paid by the customer.
The client agrees to twohundredby200’s definition of acceptable means of supplying data to the company.
Text is to be supplied to twohundredby200 in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM / DVD, USB memory stick or via e-mail / FTP.
Images which are supplied in an electronic format are to be provided in a format as prescribed by twohundredby200 via CD-ROM / DVD, USB memory stick or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and twohundredby200 will not be held responsible for any image quality which the client later deems to be unacceptable. twohundredby200 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, colour correction and alteration of images
Access for Website Construction
The client agrees to allow twohundredby200 all necessary access to hosting 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 twohundredby200 access to any hosting 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 twohundredby200 with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Any indication given by Twohundredby200 of a design project’s duration is to be considered by the customer to be an estimation. twohundredby200 cannot be held responsible for any project over-runs, whatever the cause.
Design Project Completion
Twohundredby200 considers the design project complete upon receipt of the customer’s approval. Other services such as printing, display panel or signage production, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Once web design is complete, twohundredby200 will provide the customer with the opportunity to review the resulting work. twohundredby200 will make one set of minor changes at no extra cost within 1o 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 integral imagery, structure or any navigation features. Any minor changes can be notified to twohundredby200 by e-mail.
twohundredby200 will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 10 days of the start of the review period.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, twohundredby200 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.
Rights of Refusal
twohundredby200 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. twohundredby200 also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that twohundredby200 does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow twohundredby200 to remove the contravention without hindrance, or penalty. twohundredby200 is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, twohundredby200 will need formal notification in writing to the company’s 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 twohundredby200 within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
twohundredby200 makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. twohundredby200 will not be held responsible for any and all damages resulting from products and/or services it supplies.
twohundredby200 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 twohundredby200 responsible for any such loss or damage. Any claim against twohundredby200 shall be limited to the relevant fee(s) paid by the customer.
twohundredby200 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. twohundredby200 will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. twohundredby200 reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by twohundredby200, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.twohundredby200.co.uk.
An estimate validated by the customer’s acknowledgment by email or in written form, 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 customer and twohundredby200.