Terms & Conditions

 

The following Terms and Conditions of Service apply to all products and services provided by 9 Yards Creative Ltd. (known herein as ‘9 Yards’). All work is carried out by 9 Yards on the understanding that the client has agreed to 9 Yards’ terms and conditions.

Copyright is retained by 9 Yards 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 design is presented, only one solution is deemed to be given by 9 Yards as fulfilling the contract. All other designs remain the property of 9 Yards, unless agreed in writing that this arrangement has been changed.

Project Acceptance

At the time of proposal, 9 Yards will provide the client with a written estimate or quotation. The client will send an official purchase order in reply to the estimate or quotation which binds the client to accept 9 Yards’ terms and conditions. No work on a project will commence until either document has been received by 9 Yards.

Design Charges

Charges for design services to be provided by 9 Yards, will be set out in the written estimate or quotation that is provided to the client. At the time of the client’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, 9 Yards may request a non-refundable deposit of 50% of the quoted fee which will become immediately due. If this is requested, the project will not commence until 9 Yards has received this amount.

Charges for Other Services

Charges for any additional services over and above the estimated design, will be supplied and become fully payable (100% of the quoted amount) at the time of invoice.

Payment

The client will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the client will also be required to sign and return the Approval Form to 9 Yards. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.

Payments should ideally be made by electronic funds transfer but may be made by cash, cheque, or (for overseas clients), Pound Sterling International Money Order.

Publication and/or release of work done by 9 Yards 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. 9 Yards 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. 9 Yards shall be considered entitled to remove 9 Yards’ and/or the client’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 client of its obligation to pay the due amount. Clients whose accounts become default agree to pay 9 Yards reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images and other data to 9 Yards for inclusion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by 9 Yards on behalf of the client, will remain the property of 9 Yards and/or its suppliers.

The client may request in writing from 9 Yards, the necessary permission to use materials (for which 9 Yards holds the copyright) in forms other than for which it was originally supplied, and 9 Yards may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to 9 Yards, the client grants 9 Yards permission to use this material freely in the pursuit of the design.

Should 9 Yards, or the client 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 client will agree to allow 9 Yards to remove and/or replace the file on the site.

The client agrees to fully indemnify and hold 9 Yards free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations

The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The client also agrees that 9 Yards holds no responsibility for any amendments made by any third party, before or after a design is published.

Electronic Communications

All emails and electronic communication including any attachments sent by 9 Yards are bound by these terms. If you have received an email from 9 Yards you should review the following terms carefully:

Email and any attachments may contain privileged and/or confidential information. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of the information contained in this message is prohibited. If you have received this message in error, please notify the sender by reply email and delete the message from your system. Any statements in this message which do not relate to the business of 9 Yards Creative Ltd, are neither given nor endorsed by 9 Yards Creative Ltd.