The following Terms and Conditions of Service apply to all products and services provided by We are 778 Ltd (hereinafter referred to as 778) and in the event of any dispute are governed by the laws of England.
All work is carried out by 778 on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by 778 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 778, unless specifically agreed in writing.
PROJECT ACCEPTANCE
At the time of proposal, 778 will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the 778 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 778.
Alternatively, the client may send an official purchase order or reply via email 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 778 Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
DESIGN CHARGES
Charges for design services to be provided by 778 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 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 50% of the project quotation total before the work commences or is supplied to the Client for review. 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.
SOURCE FILES
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, 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 estimate or quotation acceptance.
PAYMENT
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 778.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 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.
Payments may be made by online transfer.
Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery.
Publication and/or release of work done by 778 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. 778 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. 778 shall be entitled to remove 778‘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.
The provision by us of the services is contingent upon our having received payment in full from you in respect of the relevant services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of services to you, without notice.
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 778’s reasonable legal and accounting expenses and third-party collection agency fees in the enforcement of the debt and these Terms and Conditions.
COPYRIGHTS & TRADEMARKS
By supplying text, images and other data to 778 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 778 on behalf of the customer, will remain the property of 778 and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from 778, the necessary permission to use materials (for which 778 holds the copyright) in forms other than for which it was originally supplied, and 778 may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third-party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not 778.
By supplying images, text, or any other data to 778, the customer grants 778 permission to use this material freely in the pursuit of the design.
Should 778, 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 778 to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold 778 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 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 778 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 778, 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 778 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.
778 will not be held responsible for any and all damages resulting from such claims.
778 is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold 778 responsible for any such loss or damage.
Any claim against 778 shall be limited to the relevant fee(s) paid by the customer.
DATA FORMATS
The client agrees to 778’s definition of acceptable means of supplying data to the company.
Text is to be supplied to778 in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by 778 via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and 778 will not be held responsible for any image quality which the client later deems to be unacceptable.
778 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 778 of a design project’s duration is to be considered by the customer to be an estimation. 778 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 778 for the initial payment or by date confirmed in writing by 778.
RIGHTS OF ACCESS FOR WEBSITE CONSTRUCTION
The client agrees to allow 778 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 778 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 778 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
778 considers the design 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
778 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, 778 will provide the customer with the opportunity to review the resulting work. 778 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 778 by e-mail.
778 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
778 offers a limited hosting services through an out-sourced virtual server. 778 does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
778 may request that clients change the type of hosting account used if that account is deemed by 778 to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on 778’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 778 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
778 cannot guarantee the availability of any domain name. Where 778 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, 778 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. 778 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 778 to place a small credit on printed material exhibition displays, advertisements and/or a link to 778 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 778 to place websites and other designs, along with a link to the client’s site on 778’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
CONFIDENTIALITY
Each party shall keep in strict confidence all Confidential Information which has been disclosed by the other party, its employees, agents, consultants or subcontractors. 778 may disclose such information:-
to its employees, officers, representatives, advisers, agents or subcontractors, who need to know such information for the purposes of carrying out the obligations under this Contract;
and as may be required by law, court order or any governmental or regulatory authority.
778 shall ensure that its employees, officers, representatives, advisers, agents or subcontractors to whom it discloses such information comply with this clause.
778 shall not use any such Confidential Information for any purpose other than to perform its obligations under this Contract.
RIGHTS OF REFUSAL
778 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. 778 also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that 778 does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow 778 to remove the contravention without hindrance, or penalty. 778 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, 778 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 778 within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
DISCLAIMER
778 makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. 778 will not be held responsible for any and all damages resulting from products and/or services it supplies. 778 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 778 responsible for any such loss or damage. Any claim against 778 shall be limited to the relevant fee(s) paid by the customer.
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778 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. 778 will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
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778 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. 778 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. 778 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 778, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.weare778.com/terms-and-conditions.
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 778.
