Disclaimer / Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by Professional Digital Marketing and in the event of any dispute. All work is carried out by Professional Digital Marketing on the understanding that the client has agreed to our terms and conditions. Copyright is retained by Professional Digital Marketing 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 Professional Digital Marketing unless specifically agreed in writing.
At the time of proposal, Professional Digital Marketing can provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Professional Digital Marketing website. 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.
Charges for design services to be provided by Professional Digital Marketing 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 deposit of 100% 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 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 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.
Payments may be made by online transfer, PayPal, credit card (Visa, MasterCard) or Debit Card. 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. Returned cheques will incur an additional fee of Rs.1500 per returned cheque. Professional Digital Marketing reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Professional Digital Marketing shall be entitled to remove Professional Digital Marketing’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 Professional Digital Marketing reasonable legal and accounting expenses and third-party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images, and other data to Professional Digital Marketing for inclusion in the customer’s website or another 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 software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not Professional Digital Marketing. By supplying images, text, or any other data to Professional Digital Marketing, the customer grants Professional Digital Marketing permission to use this material freely in the pursuit of the design. The customer agrees to fully indemnify and hold Professional Digital Marketing 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 permission.
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 Professional Digital Marketing 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 Professional Digital Marketing, 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 wrote consent of Professional Digital Marketing 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.
Professional Digital Marketing will not be held responsible for any damages resulting from such claims. Professional Digital Marketing is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Professional Digital Marketing responsible for any such loss or damage. Any claim against Professional Digital Marketing shall be limited to the customer’s relevant fee(s).
The client agrees to Professional Digital Marketing’s definition of acceptable means of supplying data to the company. Text is to be supplied to Professional Digital Marketing in electronic format as standard text (.txt), MS Word (.docx) on CD, 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 Professional Digital Marketing via CD-ROM, or e-mail / FTP. Images must be of quality suitable for use without any subsequent image processing. Professional Digital Marketing will not be held responsible for any image quality that the client later deems unacceptable.
Professional Digital Marketing 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
Design Project Duration
Any indication given by Professional Digital Marketing of a design project’s duration is to be considered by the customer to be estimated. Designing Fever 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 Professional Digital Marketing for the initial payment or by date confirmed in writing by Professional Digital Marketing.
Rights of Access for Website Construction
The client agrees to allow Professional Digital Marketing 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 Professional Digital Marketing 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 Professional Digital Marketing with all necessary materials, electronic, or otherwise, required to create and complete the project and supply them promptly.
Website design only
Professional Digital Marketing requires that a template is approved by the customer before coding of a site commences. Once the template(s) for the website is approved by the customer, coding will commence; any changes to navigation items, colors, structure, or content requiring changes to the template will incur an additional charge.
Once web design is complete, Professional Digital Marketing will provide the customer with the opportunity to review the resulting work Professional Digital Marketing 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 the placement of items on the page. It does not include changes to images, color schemes, or any navigation features. Any minor changes can be notified to Designing Fever by e-mail.
The customer agrees to allow Professional Digital Marketing to place a small credit on printed material exhibition displays, advertisements, and/or a link to Professional Digital Marketing’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 Professional Digital Marketing to place websites and other designs, link to the client’s site on Professional Digital Marketing’s own website for demonstration purposes, and use any designs in its own publicity and portfolios.
Rights of Refusal
Designing Fever 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. Professional Digital Marketing Services also reserve the right to refuse to include submitted material without giving a reason. In the situation where any images and/or data that Professional Digital Marketing does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Professional Digital Marketing Services to remove the contravention without hindrance, or penalty. Professional Digital Marketing Services is to be held in no way responsible for any such data being included.
In case of no response from the customer/clients end more than a 30 days period or long, then project will be cancelled without any notice or intimation to the client or customer and no amount will be refunded.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Designing Fever 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 Designing Fever, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.designingfever.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 Professional Digital Marketing Services.