Terms & Conditions

The following Terms and Conditions of Service apply to all products and services provided by Crxss Design.

All work is carried out by CRXSS DESIGN on the understanding that the client has agreed to CRXSS DESIGN's terms and conditions.
Copyright is retained by CRXSS DESIGN 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 CRXSS DESIGN as fulfilling the contract. All other designs remain the property of CRXSS DESIGN, unless agreed in writing that this arrangement has been changed.

Project Acceptance

At the time of proposal, CRXSS DESIGN will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on the CRXSS DESIGN website.
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 CRXSS DESIGN. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept CRXSS DESIGN’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 CRXSS DESIGN.

Design Charges

Charges for design services to be provided by CRXSS DESIGN 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. Work on the project will not commence until CRXSS DESIGN has received this amount.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. 

Source Files

Charges for design work do not cover the release of copyright design files including indd, psd, png, fla or any other source files; if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge.
 

Charges for Other Services

Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
 

Payment

The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to CRXSS DESIGN. 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 cheque.
Publication and/or release of work done by CRXSS DESIGN on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of £50 per returned cheque. CRXSS DESIGN reserves the right to consider an account to be in default in the event of a returned cheque.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. CRXSS DESIGN shall be considered entitled to remove CRXSS DESIGN 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 CRXSS DESIGN 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 CRXSS DESIGN 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 CRXSS DESIGN on behalf of the customer, will remain the property of CRXSS DESIGN and/or its suppliers.
The customer may request in writing from CRXSS DESIGN, the necessary permission to use materials (for which CRXSS DESIGN holds the copyright) in forms other than for which it was originally supplied, and CRXSS DESIGN 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 CRXSS DESIGN, the customer grants CRXSS DESIGN permission to use this material freely in the pursuit of the design.
Should CRXSS DESIGN, 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 CRXSS DESIGN to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold CRXSS DESIGN 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.

Alterations

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 CRXSS DESIGN holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by CRXSS DESIGN, 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 CRXSS DESIGN and any of its relevant sub-contractors.

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. CRXSS DESIGN will not be held responsible for any and all damages resulting from such claims. CRXSS DESIGN is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold CRXSS DESIGN responsible for any such loss or damage. Any claim against CRXSS DESIGN shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to CRXSS DESIGN’s definition of acceptable means of supplying data to the company.
Text is to be supplied to CRXSS DESIGN in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail / FTP.
Images which are supplied in an electronic format are to be provided in a format as prescribed by CRXSS DESIGN via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and CRXSS DESIGN will not be held responsible for any image quality which the client later deems to be unacceptable. CRXSS DESIGN 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

Design Project Duration

Any indication given by CRXSS DESIGN of a design project's duration is to be considered by the customer to be an estimation. CRXSS DESIGN cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by CRXSS DESIGN  for the initial payment or by date confirmed in writing by CRXSS DESIGN.

Rights of Access for Website Construction

The client agrees to allow CRXSS DESIGN all necessary access to computer 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 CRXSS DESIGN access to any computer 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 CRXSS DESIGN with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion

CRXSS DESIGN considers the design project complete upon receipt of the customer's signed Approval form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

Website design only

CRXSS DESIGN require that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge. 
Once web design is complete, CRXSS DESIGN will provide the customer with the opportunity to review the resulting work. CRXSS DESIGN 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 CRXSS DESIGN by e-mail or fax and confirmed by post.
CRXSS DESIGN 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

CRXSS DESIGN offers a limited in-house hosting services through an out-sourced virtual server. CRXSS DESIGN does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. CRXSS DESIGN may request that clients change the type of hosting account used if that account is deemed by CRXSS DESIGN to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on CRXSS DESIGN’s 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 CRXSS DESIGN 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

CRXSS DESIGN cannot guarantee the availability of any domain name. Where CRXSS DESIGN 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, CRXSS DESIGN 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. CRXSS DESIGN recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.

Design Credits

The customer agrees to allow CRXSS DESIGN to place a small credit on printed material exhibition displays, advertisements and/or a link to CRXSS DESIGN 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 CRXSS DESIGN to place websites and other designs, along with a link to the client's site on CRXSS DESIGN own website for demonstration purposes and to use any designs in its own publicity and portfolios.

Rights of Refusal

CRXSS DESIGN 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. CRXSS DESIGN also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that CRXSS DESIGN does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow CRXSS DESIGN to remove the contravention without hindrance, or penalty. CRXSS DESIGN 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 e-mail, however, following this, CRXSS DESIGN 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 CRXSS DESIGN within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

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

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

CRXSS DESIGN 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. CRXSS DESIGN 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. CRXSS DESIGN 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 CRXSS DESIGN, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.crxss.co.uk. 

An estimate validated by the customer's signature on the estimate or quotation 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 signatory and CRXSS DESIGN.