TERMS & CONDITIONS
The following Terms and Conditions of Service apply to all products and services provided by Curly Cue Design Studio & previously ANW Designs (hereinafter referred to as Curly Cue Design Studio) and in the event of any dispute are governed by the laws of Colorado.
All work is carried out by Curly Cue Design Studio on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Curly Cue Design Studio 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 Curly Cue Design Studio, unless specifically agreed to in writing.
At the time of proposal, Curly Cue Design Studio will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Curly Cue Design Studio website.
A copy of the project agreement/quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Curly Cue Design Studio.
For the avoidance of doubt, the Curly Cue Design Studio Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Charges for design services to be provided by Curly Cue Design Studio 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, a non-refundable payment 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 design materials.
We will supply proofs and PDF 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, AE, 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. You will, however, receive the necessary files to conduct any and all business; PNG, JPG, EPS, PDF.
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 and the work will be delivered immediately once it is completed.
The customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to Curly Cue Design Studio.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge of 5% p/week on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card.
Publication and/or release of work done by Curly Cue Design Studio on behalf of the client, may not take place before cleared funds have been received.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Curly Cue Design Studio shall be entitled to remove Curly Cue Design Studio'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, logos, identity systems, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers, marketing deliverables and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount.
Clients whose accounts become default agree to pay all Curly Cue Design Studio's 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 Curly Cue Design Studio 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 Curly Cue Design Studio on behalf of the client, will remain the property of Curly Cue Design Studio and/or its suppliers unless otherwise agreed in writing. A license for use of the copyright material is granted to the client solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from Curly Cue Design Studio, the necessary permission to use materials (for which Curly Cue Design Studio holds the copyright) in forms other than for which it was originally supplied, and Curly Cue Design Studio may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
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 Curly Cue Design Studio. By supplying images, text, or any other data to Curly Cue Design Studio, the client grants Curly Cue Design Studio permission to use this material freely in the pursuit of the design.
Should Curly Cue Design Studio, 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 client will agree to allow Curly Cue Design Studio to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold Curly Cue Design Studio 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.
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.
The client also agrees that Curly Cue Design Studio 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 client by Curly Cue Design Studio, 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 written consent of Curly Cue Design Studio 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.
Curly Cue Design Studio will not be held responsible for any and all damages resulting from such claims.
Curly Cue Design Studio is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Curly Cue Design Studio responsible for any such loss or damage.
Any claim against Curly Cue Design Studio shall be limited to the relevant fee(s) paid by the client.
Design Project Duration
Any indication given by Curly Cue Design Studio of a design project’s duration is to be considered by the client to be an estimation. Curly Cue Design Studio 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 Curly Cue Design Studio for the initial payment.
Rights of Access for Website Construction
The client agrees to allow Curly Cue Design Studio all necessary access to computer systems and other locations, as required, in order to complete a branding projects or website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The client also agrees to allow Curly Cue Design Studio 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 client agrees to supply Curly Cue Design Studio with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
Curly Cue Design Studio considers the design project complete upon receipt of the customer’s signed Approval form or sign off email. Other services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website Design ONLY (No Logo System)
Curly Cue Design Studio requires that a general site map is approved by the client before the designing of a site commences. Once the map for the site is approved by the client, designing will commence; any changes to navigation items, colors, structure or content that require changes to the site map, will incur an additional charge.
Once web design is complete, Curly Cue Design Studio will provide the client with the opportunity to review the resulting work. Curly Cue Design Studio 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 or any navigation features. Any minor changes can be notified to Curly Cue Design Studio
Curly Cue Design Studio will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.
Curly Cue Design Studio cannot guarantee the availability of any domain name. Curly Cue Design Studio will not physically purchase the domain for you. Although, Curly Cue Design Studio will either send you a link or walk you through the process in order to obtain the domain of your choosing.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Curly Cue Design Studio cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Curly Cue Design Studio recommend that customers use a professional SEO company but accept no responsibility for their services.
The customer agrees to allow Curly Cue Design Studio to place a small credit on printed material exhibition displays, advertisements and/or a link toCurly Cue Design Studio own website on the client'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 Curly Cue Design Studio to place websites and other designs, along with a link to the client’s site on Curly Cue Design Studio's own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Curly Cue Design Studio 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. Curly Cue Design Studio also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Curly Cue Design Studio does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow Curly Cue Design Studio to remove the contravention without hindrance, or penalty. Curly Cue Design Studio 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, Curly Cue Design Studio will need formal notification in writing either scanned in an e-mail or sent to the company’s 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 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Glazier Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Curly Cue Design Studio makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.
Curly Cue Design Studio will not be held responsible for any and all damages resulting from products and/or services it supplies.
Curly Cue Design Studio is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.
The client agrees not to hold Curly Cue Design Studio responsible for any such loss or damage.
Any claim against Curly Cue Design Studio shall be limited to the relevant fee(s) paid by the client.
Curly Cue Design Studio 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. Curly Cue Design Studio 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. Curly Cue Design Studio reserves the right to change any rates Terms and Conditions at any time and without prior notice. Though this has nothing to do with a previous contract/proposal that has already been signed.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Curly Cue Design Studio by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.curlycuedesignstudio.com.
An estimate validated by the client'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 Curly Cue Design Studio.