IMAGE APPEAL – GRAPHIC DESIGN COMPANY, MIAMI.
The following Terms and Conditions of Service apply to all products and services provided by ImageAppeal and in the event of any dispute are governed by the laws of the United States.
All work is carried out by ImageAppeal on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by ImageAppeal 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 ImageAppeal unless specifically agreed in writing.
At the time of proposal, ImageAppeal will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the ImageAppeal 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 ImageAppeal.
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 ImageAppeal Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Charges for design services to be provided by ImageAppeal will be set out in the written estimate or quotation that is provided to the client. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due. 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 commences or 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.
We will supply proofs and 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, or other source files or raw code; if the client requires these files for transfer to an in-house or other designers, they will be subject to a separate quotation or ‘buy-out’ charge.
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 estimate or quotation acceptance.
The customer will be provided with an Approval Form or Proof Email, and an 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 or signify approval by email to ImageAppeal.
Any invoice queries must be submitted by email within 7 days of the invoice date.
Publication and/or release of work done by ImageAppeal on behalf of the client, may not take place before cleared funds have been received.
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 ImageAppeal 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 ImageAppeal, 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 ImageAppeal and any of its relevant sub-contractors.
All design work – where there is a risk that another party makes 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.
ImageAppeal will not be held responsible for any and all damages resulting from such claims.
ImageAppeal is not responsible for any loss, consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold ImageAppealresponsible for any such loss or damage.
Any claim against ImageAppeal shall be limited to the relevant fee(s) paid by the customer.
The client agrees to ImageAppeal’s definition of acceptable means of supplying data to the company.
Text is to be supplied to ImageAppeal in electronic format as standard text (.txt), MS Word (.docx), or via e-mail / FTP or shared folder.
Images that are supplied in an electronic format are to be provided in a format as prescribed by ImageAppeal via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and ImageAppeal will not be held responsible for any image quality which the client later deems to be unacceptable.
ImageAppeal 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, color correction, and alteration of images
Any indication given by ImageAppeal of a design project’s duration is to be considered by the customer to be an estimation. ImageAppeal cannot be held responsible for any project over-runs, whatever the cause. The estimated project duration should be deemed to be from the date that cleared funds are received by ImageAppeal for the initial payment or by the date confirmed in writing by ImageAppeal.
ImageAppeal considers the design project complete upon receipt of the client’s signed approval form or signoff email. Other services such as printing, display panel production, film work, website uploading, publishing, etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
ImageAppeal cannot guarantee the availability of any domain name. Where ImageAppeal is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.
The customer agrees to allow ImageAppeal to place a small credit on printed material exhibition displays, advertisements, and/or a link to ImageAppeal’s 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 ImageAppeal to place websites and other designs, along with a link to the client’s site on ImageAppeal’s own website for demonstration purposes, and to use any designs in its own publicity and portfolios.
ImageAppeal will not include in its designs, any text, images, or other data that 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. ImageAppeal also reserves the right to refuse to include submitted material without giving a reason. In the situation where any images and/or data that ImageAppeal does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow ImageAppeal to remove the contravention without hindrance, or penalty. ImageAppeal 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, ImageAppeal 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 ImageAppeal within 14 days of such instruction being issued, will be liable for the total quoted cost of the project.
ImageAppeal makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. ImageAppeal will not be held responsible for any and all damages resulting from products and/or services it supplies ImageAppeal 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 ImageAppeal responsible for any such loss or damage. Any claim against ImageAppeal shall be limited to the relevant fee(s) paid by the customer.
ImageAppeal 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. ImageAppeal will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
ImageAppeal and its clients agree to comply with the regulations mentioned which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. ImageAppeal recommends 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. ImageAppeal reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. ImageAppeal reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
The placement of an order for design and/or any other services offered by ImageAppeal, by email, verbally, or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.imageappeal.com.
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 ImageAppeal.