Graphic Design Terms and Conditions


Cebu Web Concepts Graphic Design Terms and Conditions of Trade


Communications with Cebu Web Concepts

The majority of designer/client communication is normally via email, with assists all parties to keep track of correspondence. Cebu Web Concepts will not take design instruction or changes via telephone.

All work requests must be in clear, concise writing, via email or written proposal. This means that “The Client” and Cebu Web Concepts can look back over emails for clarification if needed.

Client revisions should be, to avoid any confusion, in a single document or email (if possible), in a legible, easy to understand manner Changes sent through in 10 different emails in a disorganized or hard to understand manner will result in confusion on both sides.


Commencement Of Work

These Terms and Conditions govern your access and use of the Cebu Web Concepts website at cebuwebconcepts.com. By accessing or using the Cebu Web Concepts website you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of the Cebu Web Concepts website. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions.

Agreement to work with, and submission of a design brief and payment of deposit to Cebu Web Concepts, constitutes agreement to these terms and conditions.


Intellectual Property Rights

Except for the copyright in these Terms and Conditions of use, Cebu Web Concepts assert copyright and all other intellectual property rights in this website, unless otherwise stated.

Cebu Web Concepts also reserve copyright and all other intellectual property rights in all our documents and images appearing on or linked to this web site.

Except where allowed in this notice or permitted under the Copyright Act 1968 or other applicable laws, no information appearing on or linked to by this web site in which we have reserved copyright shall be reproduced in any form, adapted or transmitted in any form by any process, including electronic form, without our express permission.


Payment

“The Client” agrees to pay:

  • 50% non-refundable deposit of the quoted amount to commence the design project.
  • 50% is due on the day of Sign Off or Live Date.

The project deposit is non-refundable, and if a project is canceled by “the client”, for whatever reason, the deposit will serve as a cancellation fee, along with a prorata payment based upon the time spent if it exceeds 50% of the quoted work.

In the case of a change of mind by “The Client” this deposit is non-refundable. Cebu Web Concepts endeavours to provide graphic and web design services that meet and exceed a client’s needs and expectations, but in the even of a “change of mind” by “The Client”, the initial 50% deposit is forfeited and acts as a cancellation fee, plus a prorata payment based upon the time spent.


Termination Of Services Due To Non Payment Clause

Cebu Web Concepts may discontinue services if an amount payable to Cebu Web Concepts is overdue or take down a website permanently in any case where an amount payable is overdue by more than 7 days. In any such event, “The Client” remains liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties.


Project Duration And Client Response Time

“The client” agrees to provide timely responses to Cebu Web Concepts after receiving status notifications, work for review or requests for information.

The client shall have 30 days to respond to each draft/request for information submitted. If the client has failed to respond after 30 days, Cebu Web Concepts will deem the project complete. At such time, Cebu Web Concepts shall have no further obligation to the client, and the client shall pay Cebu Web Concepts all fees and expenses associated with the work performed.

Cebu Web Concepts will use all reasonable efforts to meet quoted completion dates. However, time is not the essence of the Contract and we will not be liable in cases of late reporting, however caused, nor shall lateness be deemed to be a breach of Contract or an act of negligence.


Client Professional Courtesy

“The Client” agrees to behave through all communications in a professional, courteous and respectful manner towards designers and staff at Cebu Web Concepts. Any actions toward staff or designers at Cebu Web Concepts deemed as disrespectful, unprofessional, abusive, bullying or verbal/written cruelty on the part of “The Client” may result in a cancellation of the project and the deposit will serve as a cancellation fee, along with a prorata payment based upon the time spent if it exceeds 50% of the quoted work.

Actions that may result in cancellation of the project may include: insulting language, profanity, unwarranted criticism of the designer’s general ability, disrespectful comments, personal insults, swearing, flaming on social media sites, personal insults, threats not to pay for the work for unwarranted reasons, bullying behaviour toward junior staff and general lack of respect.
Please note: It would be extremely rare for Cebu Web Concepts to use this clause, and the client behaviour would have to be extreme and affect other areas of our staff and designers’ work.


Design Samples (If Applicable)

“The Client”agrees to supply for free, in addition to fees for service, any number up to 10 of printed samples of every item produced for “The Client”by “Cebu Web Concepts” during the course of this project (quantity to be specified by us). “The Client” also agrees to allow a small credit with a link to the front page at cebuwebconcepts.com. on the footer of any/all pages designed by Cebu Web Concepts. Removal of this credit constitutes a breach of these terms and conditions.

“The Client”also agrees to allow Cebu Web Concepts to showcase any/all work created in the course of a project as part of Cebu Web Concepts portfolio. Cebu Web Concepts acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.


Force Majeure

Cebu Web Concepts shall not be liable for any failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Cebu Web Concepts including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.


Fees For Service

It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Wherever possible the client will be notified of increases in the scope of the project.


Excess Work

This is defined as any work involving additions to the list of items defined in the Project Proposal or changes to all pieces of finished artwork after sign off by an authorised representative of “The Client”.

Changes to any Supplies completed (Author’s corrections) or part completed requested by the client or any other part beyond our control, will be charged to the Client on a time basis at of $5 or php 200 pesos (Two hundred pesos) per hour.

Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice.

Publication and/or release of work performed on behalf of the client by “Cebu Web Concepts” may not take place before cleared funds have been received.

Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.


Liability & Litigation

It is agreed that all work and materials provided for “The Client”by “Cebu Web Concepts ” will be free and clear of all liens and encumbrances and may be lawfully used by “The Client” without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.

It is agreed that “Cebu Web Concepts ” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim.

Under no circumstances shall Cebu Web Concepts be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the Supplies prepared by Cebu Web Concepts including (without limitation) loss of profit, loss of Contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the Supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.


Approval Of Final Artwork

While Cebu Web Concepts takes all care to avoid errors,Cebu Web Concepts accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. “The Client” to proof read and approve all final copy before the production of artwork. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by “The Client’s” proof reading.

PRINT RETURNS AND REFUNDS

It is agreed that the Cebu Web Concepts is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing), committed to print or posted in view of the public. Cebu Web Concepts will not be help responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify Cebu Web Concepts of any such errors during the revision cycle and before the final files have been generated.

In the event of a need to reprint due to errors in content, the client must inform Cebu Web Concepts within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment.


Print – Colour Variations

With all printing there may be some colour variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Cebu Web Concepts.


Copyright

Cebu Web Concepts retains full ownership of design concepts and materials it produces in the course of a project. Once a final concept is delivered to a client and full payment is received the final files will be transferred to the client and they will retain usage and ownership for purposes outlined in the project invoice. Upon full payment, the client shall obtain ownership/usage of the final artwork as specified in the original quote/invoice.

Unused concepts remain the property of Cebu Web Concepts. Cebu Web Concepts may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, Cebu Web Concepts retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.

This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment Cebu Web Concepts retains ownership of all artwork and website architecture. Cebu Web Concepts reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non exclusive items.

Cebu Web Concepts reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.

Any material supplied to Cebu Web Concepts by “The Client” in the project brief or duration of the project, shall be free of copyright restrictions, owned by or licensed to “the client” for use by Cebu Web Concepts for use course of the project. Cebu Web Concepts will not be liable for any intellectual property or copyright issues resulting from the use of client supplied resources.


Goodwill

This proposal assumes goodwill from both Cebu Web Concepts and “The Client” regarding:

  • What can reasonably be achieved in a given time frame
  • Making best use of resources to achieve the most effective outcomes

Resending Uploading Files

If a client losed or accidentally deletes the files delivered by Cebu Web Concepts at the completion of the project, Cebu Web Concepts can reupload through email, for a fee of $20 or php 800 pesos(Eight hundred pesos) per request.


Website Design Credit

“The Client” agrees to allow “Cebu Web Concepts” to place a small credit on printed material exhibition displays, advertisements and/or a Cebu Web Concepts’s own website on the customer’s website. This will be in the form of a small logo or line of text placed towards the bottom of the page.

“The Client” also agrees to allow “Cebu Web Concepts” to place websites and other designs, along with a link to the client’s site on “Cebu Web Concepts’s” own website for self promotional purposes.


International Work

The majority of Cebu Web Concepts clients come from outside Philippines. Being a niche market we are global specialists in the field of feminine graphic and web design and as such create work across the planet, using contemporary communication methods such as email and chat, along with the more traditional devices such as telephone.


Termination Policy

From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client canceling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Cebu Web Concepts. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (this is determined by Cebu Web Concepts and the client by negotiation) a prorata payment is payable for time spent up until cancellation notice, at an hourly rate of $10 or php 400 (Four hundred pesos) per hour .

In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the Cebu Web Concepts.


Website Design Post- Completion Alterations

Once web design is complete,”Cebu Web Concepts” will provide the customer with the opportunity to review the resulting work. “Cebu Web Concepts” 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 “Cebu Web Concepts” by e-mail and confirmed by post.”Cebu Web Concepts” 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. An hourly fee after this time for tweak and amendments is payable of $22 or php 880 (Eight hundred pesos) per hour.

In the case of e-commerce sites,Cebu Web Concepts provides basic training to “The Client” for the ongoing self-maintenance of their web design project prior to handing over the web design project.

Where “The Client” requires additional support including replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, blogs, navigation structure changes or attempted updates by Client repairs, major page code and/or graphics changes and additions will be charged at our standard hourly rate.
(Notice: can change at any time without notice.)


Confidentiality

It is agreed that employees of “Cebu Web Concepts” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.


Late Payments & Default

Any account outstanding for more than sixty (60) days Client(s) are liable to meet in full the seller’s debt recovery, legal costs and/or commissions and internal accounting charges (recovery fees), travel, travel expenses, and such recovery fees will be added to the buyers account and form part of the principal debt.

An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “the client” has stated expressly that they do not intend to pay an invoice by “Cebu Web Concepts”, unless prior arrangements have been made. “Cebu Web Concepts” shall at it’s sole discretion suspend any and all services provided to the client by “Cebu Web Concepts” or it’s subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid monies due for services ordered, including, but not limited to design, domain , search engine submission, maintenance, sub-contractors, printers ,interest calculated daily for each day payment is overdue.

Any account not paid within the time specified on the invoice will be liable for interest at the rate of 16% per annum and such interest will be added to the account (capitalised) at the end of each month and form part of the principal debt.

Any account outstanding for more than sixty (60) days Client(s) are liable to meet in full the seller’s debt recovery, legal costs and/or commissions and internal accounting charges (recovery fees), travel, travel expenses, and such recovery fees will be added to the buyers account and form part of the principal debt.

Cebu Web Concepts” retains all copyright for work performed until full project costs have been paid. “Cebu Web Concepts” reserves the right to reuse or resell work undertaken in the case of payment default.

“Cebu Web Concepts” accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.


Amendments To These Terms And Conditions

All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client”and signed by an authorised representative of “Cebu Web Concepts” prior to the commencement of work outlined in this submission.


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