Terms and Conditions
The following terms and conditions of service apply to all products and services provided by Smash. Creative Communications (hereinafter referred to as Smash.) and in the event of any dispute are governed by the laws of Scotland.
All work carried out by Smash. is on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Smash. on all design work including, words, images, ideas, visuals and illustrations unless until 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 Smash. unless specifically agreed in writing.
At the time of proposal, Smash will provide the customer with a written estimate or quotation by email.
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 Smash.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt the Smash. terms and conditions are what govern the job, not any conditions on the customer’s purchase order.
Charges for services provided by Smash 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 and conditions, a payment of 50% of the quoted fee will become immediately due with no work commencing until payment has been made and funds cleared.
The remaining 50% of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials for print.
We will supply proofs in the form of PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, ai, png, fla or other source files or raw code; if the client requires these files for transfer to an in-house or other designer they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of quotation acceptance.
The customer will be provided with an approval form or proof email along with a final invoice prior to final publication/upload. At this time the remainder of the amount due will become payable and the customer will be required to sign and return the approval form or signify approval by email to Smash.
Any invoice queries must be submitted by email to your account handler within seven days of the invoice date.
Accounts which remain outstanding for 28 days after the date of invoice, will incur late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment.
All payments should be made by online transfer.
Publication and/or release of work done by Smash. on behalf of the client may not take place before cleared funds have been received.
An account shall be considered default if it remains unpaid for 28 days from the date of invoice, or following a returned cheque. Smash. shall be entitled to remove Smash’s 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 all reasonable legal and accounting expenses and third party collection agency fees incurred by Smash. in the enforcement of the debt and these terms and conditions.
Copyrights and Trademarks
By supplying text, images and other data to Smash. 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 Smash. on behalf of the customer, will remain the property of Smash. and/or its suppliers until full payemnt is made.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any on-going licence fees or fees for upgrades are the responsibility of the client, not Smash.
By supplying images, text, or any other data to Smash. the customer grants Smash. permission to use this material freely in the pursuit of the design.
Should Smash. 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 Smash. to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Smash. 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 in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that Smash holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Smash 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 Smash and any of its relevant sub-contractors.
The client agrees to Smash’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Smash. in electronic format as standard text (.txt), MS Word (.docx) or via e-mail or the Smash. DropBox (details will be supplied on request).
Images supplied in an electronic format must be provided in a format as prescribed by Smash. via e-mail or the Smash. DropBox (details will be supplied on request). Images must be of a quality suitable for use without any subsequent image processing and Smash. will not be held responsible for any image quality which the client later deems to be unacceptable.
Smash. 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 Smash. of a design project’s duration is to be considered by the customer to be an estimation. Smash. 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 Smash. for the initial payment or by date confirmed in writing by Smash.
Rights of Access for Website Construction
The client agrees to allow Smash. 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 Smash. 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 Smash. 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
Smash. considers the project complete upon receipt of the customer’s signed approval form or signoff email. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website design only
Smash. require 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, Smash. will provide the customer with the opportunity to review the resulting work. Smash 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 Smash. by e-mail. Smash 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.
Smash. offers a hosting service via our preferred web hosting business partner.
Smash. may request that clients change the type of hosting account used if the account is deemed by Smash. to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website created by Smash.
Fees due to third party hosting organisations are the responsibility of the client, Smash. are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
Smash. cannot guarantee the availability of any domain name. Where Smash. 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, Smash 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. Smash recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
The customer agrees to allow Smash. to place a small credit on printed material, exhibition displays, advertisements and/or a link to the Smash 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 Smash. to place websites and other designs, along with a link to the client’s site on Smash’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Smash. 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. Smash. also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Smash. does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the customer is obliged to allow Smash. to remove the contravention without hindrance, or penalty. Smash. 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, Smash. 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 deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 14 days. Please note: any cancellation which is not formally confirmed in writing and received by Smash. within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Smash. makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Smash. will not be held responsible for any and all damages resulting from products and/or services it supplies. Smash. 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 Smash. responsible for any such loss or damage. Any claim against Smash. shall be limited to the relevant fee(s) paid by the customer.
Smash. 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. Smash. will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Smash. 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. Smash 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.
These terms and conditions supersede any previous terms and conditions distributed in any form. Smash. 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 Smash. by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.smashcommunications.co.uk
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 Smash.