TERMS & CONDITIONS
The following Terms and Conditions of Service apply to all products and services provided by Nossisel.
All work is carried out by Nossisel on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Nossisel, unless specifically released in writing, on all design work, finished or otherwise, including words, pictures, ideas, visuals and illustrations until all costs have been settled, and only in the case of exclusive designs.
Copyright to non-exclusive designs will be retained by Nossisel.
Any design, copywriting, drawing or idea created for the Client by Nossisel, or any of its contractors, is licensed for use by the Client and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Nossisel 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.
Nossisel will not be held responsible for any and all damages resulting from such claims.
Nossisel is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold Nossisel responsible for any such loss or damage.
Any claim against Nossisel shall be limited to the relevant fee(s) paid by the Client.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by Nossisel as fulfilling the contract. All other designs remain the property of Nossisel, unless specifically agreed in writing.
At the time of proposal, Nossisel will provide the Client with a written estimate or quotation by e-mail as requested. Quotations are valid for 30 days from date of issue. Quotes for third party fees and costs are subject to + or Ð 15% margin of error. Similarly, hourly rate changes will not affect projects already begun. Please bear in mind that while Nossisel tries to estimate costs as accurately as possible, quotations cannot be binding.
A copy of the written estimate or quotation is to be signed and dated by the Client to indicate acceptance and should be returned to Nossisel by e-mail.
Charges for design services to be provided by Nossisel will be set out in the written estimate or quotation that is provided to the Client. At the time of the Clients 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.
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.
CHARGES FOR OTHER SERVICES
Charges for any additional services over and above the estimated design, will be made known to the Client. They will become fully payable at the time of project acceptance.
Nossisel will supply proofs and PSD 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 Nossisels 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.
Payment of the invoice must take place within twentyone (21) calendar days of the invoice date, effectively received on the account of Nossisel.
All payments must be made in the manner stipulated by Nossisel without any deduction or set-off. Objections to the amount of the invoice shall not form a reason to suspend a payment obligation.
Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 5% per month of the outstanding amount.
Payments may be made in Euros (Û), by online transfer or, in the case of non-IBAN countries; PayPal.
Nossisel has the right to suspend implementation of the Agreement until such moment as it has received the full payment concerning the invoices of which the payment date has expired.
Nossisel reserves the right to demand financial guarantees and/or securities from Client, even after the partial delivery of the goods or services. In the absence of such, Nossisel is entitled to cancel the Agreement with immediate effect, without being bound to pay any damages compensation. The Client is bound to honour the obligations existing at the moment of cancellation.
In the case of liquidation, bankruptcy, seizure or suspension of payments of Client or if Client loses in any other way the free control or the free power to dispose of its property, the claims of Nossisel on Client shall come into effect immediately.
If, due to non payment by Client, Nossisel is obliged to take measures in order to nevertheless obtain payment, the extra legal costs incurred shall be paid by Client. The extra legal costs shall be fixed at fifteen (15) percent of the invoice sum, with a minimum of Û150, all this to be increased with the statutory interest.
Publication and/or release of work done by Nossisel on behalf of the Cclient, may not take place before cleared funds have been received. Nossisel retains the right to publish and display any client projects in Nossisels portfolio, website, design periodicals, and other media or exhibits.
PRINT AND 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 Nossisel.
APPROVAL OF FINAL ARTWORK
While Nossisel takes all care to avoid errors, Nossisel accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the Clients responsibility to proof read and approve all final copy before the production of artwork. The e-mail verification of the Clients 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 Clients proof reading.
ERRORS AND OMISSIONS
Whilst all care is taken by Nossisel in producing proofs and final art, it is understood that the Client assumes and accepts liability for any and all errors not corrected. The Client is responsible for identifying any errors or omissions, within 3 days of receiving final artwork, whether it being exclusive or non-exclusive artwork. Should the Client request a project reprint, the Client is solely responsible for payment of all associated costs. Nossisel cannot issue credit or refunds.
The Client 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.
RESENDING UPLOADED FILES
If the Client loses or accidentally deletes the files, delivered by Nossisel at the completion of the project, Nossissel can reupload for a fee of Û50 per request. Providing the request from the Client has been made within 1 year from the date of completion.
Nossisel and the Client both acknowledge that during business dealings they may receive certain confidential information and materials of the other party. Each party, including its agents and employees, agrees to hold and maintain in strict confidence all confidential Information, shall not disclose confidential Information to any third party, and shall not use any confidential Information except as may be necessary to perform its obligations under the Quotation, and as may be required by a court or governmental authority. Confidential Information does not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.
RIGHTS OF REFUSAL
Nossisel will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All material must conform to all standards laid down by all relevant standards authorities. Nossisel also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Nossisel does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the Client is obliged to allow Nossisel to remove the contravention without hindrance, or penalty. Nossisel 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, Nossisel will need formal notification in writing to the companys 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 21 days. Please note: any cancellation which is not formally confirmed in writing and received by Nossisel within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
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.
If a project is cancelled by Nossisel, due to unforseen circumstances, the deposit will be refunded in full to the Client in a timely manner.
Every effort will be made to carry out the contract, but its due performance is subject to variation or cancellation as a result of an inability to secure labour, materials or supplies, or as a result of any Act of God, War, Strike, Lockout or other Labour dispute, Fire, Flood, Draught, Legislation or any other cause beyond our control.
Nossisel makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Nossisel will not be held responsible for any and all damages resulting from products and/or services it supplies. Nossisel is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. The Client agrees not to hold Nossisel responsible for any such loss or damage. Any claim against Nossisel shall be limited to the relevant fee(s) paid by the Client.
Nossisel 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. Nossisel will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Nossisel reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
ACCEPTANCE OF QUOTATION AND TERMS AND CONDITIONS
The placement of an order for design and/or any other services offered by Nossisel and validated by the Clients signature on the estimate or quotation, 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 Nossisel.
The Client also agrees that Nossisel holds no responsibility for any amendments made by any third party, before or after a design is published.