Additional Terms and Conditions
These Additional Terms, apply to all artwork, graphic design, web, print and branding services provided by Helene Abrams of "consider yourself BRANDED" (cybranded.com). All design work is carried out by Helene Abrams on the understanding that the client has agreed to abide by "consider yourself BRANDED" (cybranded.com) terms and conditions. Copyright of all graphic design work is retained by Helene Abrams including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled. If multiple design concepts are submitted, only one concept is deemed to be given by Helene Abrams as fulfilling the contract.
All other artwork designs remain the property of Helene Abrams, unless agreed in writing.
All pricing for design and branding services are clearly stated on cybranded.com. Therefore, in the rare cases when a current client in good standing verbally requests one of these services, the action of the sending and receipt of any design work including words, pictures, ideas, visuals and illustrations via electronic method between both parties acknowledges acceptance of a verbal contract, and shall be considered legal and binding.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable at the time of project acceptance.
If the final invoice isn’t paid within 30 days, a 5% “delayed payment” fee is charged. This initial 5% figure is then added upon each recurring 30 day period until the full amount is received. This fee will not be refunded. An account shall be considered default if it remains unpaid for 60 days from the date of invoice.
All parties will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between a director of each of the Parties with authority to settle the relevant dispute. If the dispute cannot be settled amicably within sixty (60) days from the date of invoice, then customers whose accounts become default agree to pay Helene Abrams reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
An account shall be considered default if it remains unpaid for 60 days from the date of invoice, or following a returned check. Any artwork, images, or text supplied and/or designed by Helene Abrams on behalf of the customer, will remain the property of Helene Abrams and/or her suppliers until final payment is made. Helene Abrams also reserves the right to remove art and copy from viewing on the Internet until final payment is made. Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Copyright is retained by Helene Abrams on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
Copyrights and Trademarks
By supplying text, images and other data to Helene Abrams for inclusion in the customer’s brochure 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 Helene Abrams on behalf of the customer, will remain the property of Helene Abrams and/or it’s suppliers, excluding Logo design in which full copyright will be passed to the client upon receipt of full payment. The customer may request in writing from Helene Abrams, the necessary permission to use materials (for which Helene Abrams holds the copyright) in forms other than for which it was originally supplied, and Helene Abrams may, at it’s 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. Helene Abrams reserves the right to charge fees for additional useage. By supplying images, text, or any other data to Helene Abrams, the customer grants Helene Abrams permission to use this material freely in the pursuit of the design and to utilise the designs in Helene Abrams portfolio unless
agreed otherwise. Should Helene Abrams , 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 Helene Abrams to remove and/or replace the file. The customer agrees to fully indemnify and hold Helene Abrams 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.
The customer 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 customer also agrees that Helene Abrams 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 Helene Abrams, or any of it’s 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 Helene Abrams and any of it’s relevant sub-contractors. All design work where there is a risk that another party may 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.
Helene Abrams will not be held responsible for any and all damages resulting from such claims. Helene Abrams is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Helene Abrams responsible
for any such loss or damage. Any claim against Helene Abrams shall be limited to the relevant fee(s) paid by the client.
The client agrees to Helene Abrams definition of acceptable means of supplying data to the company. Text is to be supplied to Helene Abrams in electronic format as standard text (.txt), MS Word (.doc) via e-mail. Images which are supplied in an electronic format, are to be provided in a format as prescribed by Helene Abrams via electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Helene Abrams will not be held responsible for any image quality which the client later deems to be unacceptable. Helene Abrams 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.
Design Project Duration
Any indication given by Helene Abrams of a design project’s duration is to be considered by the customer to be an estimation. Helene Abrams 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 of the deposit are received by Helene Abrams.
Design Project Completion
Helene Abrams considers the design project complete upon the customer’s approval. Other services such as hosting issues, issues, edits, new art, additional pages, website uploading and maintenance contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Brand Strategy and Website Design Only
Once brand strategy and/or web design is complete, Helene Abrams will provide the customer with the opportunity to review the resulting work. Helene Abrams 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, color schemes, layout or any navigation features. Any minor changes can be notified to Helene Abrams by e-mail and confirmed. Helene Abrams 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.
If payment is for renewal of a client domain name and client has not paid domain name within 5 days of invoice than clients domain name will remain the property of Helene Abrams and clients website will be redirected to cybranded.com until full payment ( including late fees and or all return check fees) have been paid in full and own client basis.
The customer agrees to allow Helene Abrams to place a small credit on printed material, exhibition displays, advertisements and/or a link to Helene Abrams 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 Helene Abrams to place all designs on Helene Abrams of "consider yourself BRANDED" on cybranded.com website and social media pages, or printed promotional material for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
Helene Abrams 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. Helene Abrams also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Helene Abrams does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Helene Abrams to remove the contravention without hindrance, or penalty. Helene Abramsis to be held in no way responsible for any such data being included.
Helene Abrams makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Helene Abrams will not be held responsible for any and all damages resulting from products and/or services it supplies. Helene Abrams is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While Helene Abrams takes reasonable steps to investigate the materials she recommends, she accepts no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Helene Abrams responsible for any such loss or damage. Any claim against Helene Abrams shall be limited to the relevant fee(s) paid by the customer. Helene Abrams 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. Helene Abrams will not knowingly perform any actions to contravene these and the client also agrees to be so bound.