TERMS AND CONDITIONS
Really important, so worth reading...
These Terms and Conditions form part of every working relationship, project, or advice requested by the client.
We’re known by our clients for being easy to work with. It’s because our relationships are based on openness and trust. But even the best relationships need guidance - and at work they’re called Terms and Conditions. Here are ours, created by a lawyer but in fairly plain English.
Please give them a good read. It’s important that you know what we charge for and why we charge for it, why certain copyright files are not released by us and also what charges you might incur for cancellation of a project, late payment, additional work or copyright releases.
If you have any questions, just shout up.
We look forward to working with you to deliver exceptional branding, design and digital marketing services on time and to budget.
RizkMcCayTribe is the trade name of RizkMcCay Ltd (Company Number 05888780) whose registered office is Regency House 21 The Ropewalk Nottingham, NG1 5DU.
Our Terms and Conditions
The following Terms and Conditions of Service apply to all products and services provided by RizkMcCay Ltd (from here on referred to as RMT) and in case of any dispute are governed by the laws of England.
All work is carried out by RMT on the understanding that the Client has agreed to our Terms and Conditions.
Copyright is retained by RMT on all design work including words, pictures, ideas, visuals and illustrations until all fees have been paid in full.
If a choice of solutions 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 and solutions remain the property of RMT, unless specifically agreed in writing.
The Client may agree modifications to these Terms and Conditions of Service, but such modifications must be in writing signed by a RizkMcCayTribe director and cannot be inferred from a course of behaviour.
Accepting a project
At the time of proposal, RMT will provide the Client with an estimate.
Once the Client responds with an official purchase order, email or verbal confirmation acknowledging acceptance of the estimate and related brief, the Client will be bound by RMT’s Terms & Conditions.
For the avoidance of doubt, the RMT Terms & Conditions are what govern the project, not any conditions on the Client’s purchase order.
Fees for all services to be provided by RMT will be set-out in the written estimate that is provided to the Client. At the time of the Client’s signed acceptance of the estimate, indicating acceptance of our Terms & Conditions, a payment of 50% of the estimated fee will become immediately due before any work commences or is supplied to the Client for review.
The remaining 50% percent of the project fee total will be billed in stages, typically 25% halfway through the project and 25% upon completion, prior to upload to the server or release of materials. For larger projects the cost will often be split monthly across the timeline of the project.
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 approving the estimate or by separate agreement in writing.
RMT’s payment terms are 14-30 days from invoice date.
Estimates will be created at proposal stage. Refined during scoping stage and amended where appropriate with the client’s approval if the project scope changes throughout the project.
Any invoice queries must be submitted by email within 7 days of the invoice date to firstname.lastname@example.org
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment.
Payments can be made by online transfer to the bank details on the invoice.
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 £50 per returned cheque. RMT reserves the right to consider an account to be in default in the event of a returned cheque.
Publication and/or release of work carried out by RMT on behalf of the Client, may not take place before cleared funds have been received. All work remains copyrighted to RMT until settlement of a relevant fee account.
Should any website launch be put on hold by a Client when the website is completed by RMT the final 25% will still be due as per the original timeline and agreement.
All invoices are subject to UK VAT at the current rate, unless a valid exemption certificate is provided.
All payments must be in UK Pounds Sterling, unless agreed in advance in writing, before a project commences.
All work completed after project inception will be billed as per our standard percentage split or based on an agreed billing plan as Work in Progress (WIP) until the conclusion of the project.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. RMT shall be entitled to remove RMT‘s and/or the Client’s material from any and all digital 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 all RMT‘s reasonable legal and accounting expenses and third-party collection agency fees in the enforcement of the debt and these Terms and Conditions.
If the Client ceases to pay their debts in the ordinary course of business or cannot pay their debts as they become due, or is deemed to be unable to pay their debts, or have a winding-up petition issued against them, or being a person who commits an act of bankruptcy or has a bankruptcy petition issued against him, RMT without prejudice to other remedies shall have the right not to proceed further with the contract or any other work for the Client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Client. Such charge to be an immediate debt due to the Client.
In respect of all unpaid debts due from the Client have a general lieu on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as it thinks fit and to apply the proceeds towards such debts.
RMT shall be under no liability if it is unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, pandemic, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may, by written notice to RMT, elect ‘to terminate the contract and pay for work done and materials used’, but subject thereto shall otherwise accept delivery when available.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the project scope or request.
Charges for design work do not cover the release of design source files at a later date, 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, where time is required, be subject to a separate collation charge.
Copyrights and trademarks
By supplying text, images and other data to RMT 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 RMT on behalf of the Client, will remain the property of RMT and/or its suppliers until all fees have been paid in full.
Any software, code, plugin or other third-party material used in a website or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the Client, not RMT.
By supplying images, text, or any other data to RMT, the Client grants RMT permission to use this material freely in the pursuit of the design.
Should RMT, 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 RMT to remove and/or replace the file on the site.
The Client agrees to fully indemnify and hold RMT 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.
RMT allows for up to two sets of alterations within all estimates. 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 RMT holds no responsibility for any amendments made by any third party, before or after a design is published.
Proofs, samples, specimens, sketches, photographs, links or any representation, whether partial or total, of the finished article in whatever form may be submitted to the Client for approval.
After approval the Client shall have no claim against RMT for errors in the exemplar as approved by them.
Any creative, concept, design, copywriting, drawing, idea or code created for the Client by RMT, 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 RMT and any of its 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.
RMT will not be held responsible for any and all damages resulting from such claims.
RMT is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold RMT responsible for any such loss or damage.
Any claim against RMT shall be limited to the relevant fee(s) paid by the Client.
The Client agrees to RMT’s definition of acceptable means of supplying data to the company.
Text is to be supplied to RMT in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by RMT via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and RMT will not be held responsible for any image quality which the Client later deems to be unacceptable.
RMT 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, colour correction and alteration of images.
Design project duration
Any indication given by RMT of a design project’s duration is to be considered by the Client to be an estimation. RMT cannot be held responsible for any project over-runs, out of our control. Estimated project duration should be deemed to be from the date that cleared funds are received by RMT for the initial payment or by date confirmed in writing by RMT.
Rights of access for website and digital construction
The Client agrees to allow RMT all necessary access to computer systems and other locations, as required, in order to complete a website or digital project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The Client also agrees to allow RMT 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 RMT with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in line with the project timeline.
Design project completion
RMT considers the design project complete upon receipt of the Client’s signed, email or verbal approval form or signoff email. Other services such as printing, display panel production, film work, website uploading, digital assets, publishing etc, contracted on the Client’s behalf constitute a separate project and can be treated as a separate charge.
Website design only
RMT require that a design or template is approved by the Client before coding of a site commences. Once the design(s) for the website are approved by the Client, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
Once website design is complete, RMT will provide the Client with the opportunity to review the resulting work. RMT 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, colour schemes or any navigation features. Any minor changes can be notified to RMT by e-mail. RMT 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.
RMT offers a limited hosting services through an out-sourced virtual server. RMT does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
RMT may request that Clients change the type of hosting account used if that account is deemed by RMT to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on RMT’s virtual server are due at the commencement of any period of service and are non-refundable.
Fees due to third party hosting organisations are the responsibility of the Client and RMT are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the Client / domain owner.
RMT cannot guarantee the availability of any domain name. Where RMT is to register a domain name on behalf of a Client it will endeavour to do so but the Client should not assume a successful registration. The client will be responsible for URL upkeep for years to follow.
Search engine submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, RMT 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. RMT recommend that Clients use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
Creative and design credits
Where possible, the Client agrees to allow RMT to place a small credit on printed material exhibition displays, advertisements and/or a link to RMT 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 Client also agrees to allow RMT to place websites and other designs, along with a link to the Client’s site on RMT’s own website for demonstration purposes and to use any designs in its own marketing publicity and portfolios. If the work is confidential the Client must inform RMT and use a Non-Disclosure Agreement to define the parameters of the confidential nature of the work.
Rights of refusal
RMT 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. RMT also reserves the right to refuse to include submitted material without giving reason.
In the situation where any images and/or data that RMT does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the Client is obliged to allow RMT to remove the contravention without hindrance, or penalty. RMT is to be held in no way responsible for any such data being included.
A project can be cancelled within 48hrs of acceptance. After this time the Client will be liable a minimum of 20% and maximum of 50% fee as detailed in the Fees section of these Terms & Conditions. This will be determined based on the amount of work completed to date on the project. The balance of monies due must be paid within 14 days.
RMT makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. RMT will not be held responsible for any and all damages resulting from products and/or services it supplies. RMT is not responsible for any loss, or consequential loss of data, or nondelivery 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 RMT responsible for any such loss or damage. Any claim against RMT shall be limited to the relevant fee(s) paid by the Client.
RMT 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. RMT will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.
RMT and its Clients agree to comply with printers’ Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. RMT recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the project be delayed.
The Client represents, undertakes and warrants to RMT that they will use the website allocated to them only for lawful purposes. In particular, the Client represents, warrants and undertakes to us that:
- The Client will not use the Server in any manner which infringes any law or regulation, or which infringes the rights of any third party, nor will they authorise or permit any other person to do so.
The Client will not host, post, publish, disseminate, link to or transmit:
- Any material or information which is unlawful, infringing, threatening, abusive, malicious, defamatory, obscene, indecent, blasphemous, profane or otherwise objectionable in any way.
Any material or information which constitutes, or encourages the commission of a criminal offence, or which threatens, harasses, stalks, abuses, disrupts or violates the legal rights (including rights of privacy and publicity) of others, or which infringes any patent, trademark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
The Client shall ensure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
In the case of an individual User, the Client warrants that they are at least 16 years of age and if the User is a company, the Client warrants that the Server will not be used by anyone under the age of 16 years.
The Client is entirely responsible for any civil or criminal liability that is incurred as a result of any use of their web pages. If the Client posts or allow to be posted a defamatory or libellous message, it is the Client that will be deemed to have published it and they shall be liable for the consequences of it.
RMT and our suppliers reserve the right to remove any material which they deem inappropriate from the Client website without notice (specifically, but not restricted to, Warez and illegal MP3 content).
If the Client advertises or offers to sell goods or services via their web pages, the Client undertakes to provide goods in conformity with any description and warranties made. The Client agrees to comply with all relevant legislation including Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts. If the Client is advertising goods in the course of a trade or business this must clearly be so stated.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. RMT reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Accepting our Terms and Conditions and estimates
The placement of an order for design, digital and/or any other services offered by RMT, by email, verbally or in writing, will be taken as acceptance of our Terms and Conditions.
An estimate validated by the Client’s signature on the estimate, or by email, constitutes acceptance of the estimate and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and RMT.
We look forward to partnering with you and delivering exceptional work.