Terms and Conditions

DRKMTTR Creative > Terms and Conditions

The following Terms and Conditions of Service apply to all products and services provided by DRKMTTR Creative LLC (hereby referred to as “DRKMTTR“). This includes but is not limited to branding and identity design, print collateral design, digital media design, custom art and illustration, graphic design, web design, and search engine optimization.

 

All work is carried out by DRKMTTR on the understanding that the client has agreed to these terms and conditions.

 

Copyright is retained by DRKMTTR 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 final solution will fulfill the contract with DRKMTTR. All other designs remain the property of DRKMTTR unless agreed in writing that this arrangement has been changed.

 

Project Acceptance

 

At the time of proposal, DRKMTTR will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on DRKMTTR’s website (this page). A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to DRKMTTR. Alternatively, the client may choose to digitally sign to accept an estimate or quotation through DRKMTTR‘s estimate software. Either method of response binds the client to accept DRKMTTR‘s terms and conditions.

 

No work on a project will commence until a response indicating the client’s acceptance has been received by DRKMTTR.

 

Design Charges

 

Charges for design services to be provided by DRKMTTR will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until DRKMTTR has received this amount.

 

Charges for Other Service

 

Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

 

Payment

 

The customer will be provided with an Approval Form and/or Review of the work provided with 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 submit the Approval Form to DRKMTTR.

 

Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2.5% per month of the outstanding amount.

 

Payments may be made by cash, check, Major Credit Card, or Money Order and/or previously agreed electronic funds transfer.

 

Publication and/or release of work done by DRKMTTR on behalf of the client may not take place before cleared funds have been received.

 

Returned checks will incur an additional fee of $50 per returned check. DRKMTTR reserves the right to consider an account to be in default in the event of a returned check.

 

Default

 

An account shall be considered default if it remains unpaid for 90 days from the date of invoice, or following a returned check. DRKMTTR shall be considered entitled to remove DRKMTTR 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, business cards, flyers, pamphlets, 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 DRKMTTR 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 DRKMTTR for inclusion in the customer’s business cards, flyers, pamphlets, website 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.\r\n\r\nAny artwork, images, or text supplied and/or designed by DRKMTTR on behalf of the customer, will remain the property of DRKMTTR and/or its suppliers. The customer may request in writing from DRKMTTR, the necessary permission to use materials (for which DRKMTTR holds the copyright) in forms other than for which it was originally supplied, and DRKMTTR 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 DRKMTTR, the customer grants DRKMTTR permission to use this material freely in the pursuit of the design. Should DRKMTTR, or the customer supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, 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 DRKMTTR to remove and/or replace the offending image or file. The customer agrees to fully indemnify and hold DRKMTTR 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.

 

Source Materials

 

DRKMTTR retains any and all rights and ownership to any and all source materials used to complete design projects or provide services. This includes but is not limited to working documents (such as Adobe Photoshop *.PSD or Adobe Illustrator *.AI files), font and typeface files, sketches, mockups, rough drafts, text documents, or code. Charges for design work do not cover the release of copyright on source materials; if the customer requires these files, they will be subject to a separate quotation or buy-out charge.

 

Alterations

 

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 DRKMTTR holds no responsibility for any amendments made by any third party, before or after a design is published.

 

Licensing

 

Any design, copywriting, drawing, idea or code created for the customer by DRKMTTR, 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 DRKMTTR and any of its relevant sub-contractors.

 

All design work where there is a risk that another party can 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. DRKMTTR will not be held responsible for any and all damages resulting from such claims.\r\n\r\nDRKMTTR is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold DRKMTTR responsible for any such loss or damage. Any claim against DRKMTTR shall be limited to the relevant fee(s) paid by the customer.

 

Data Formats

 

The client agrees to DRKMTTR‘s definition of acceptable means of supplying data to the company.

 

Text is to be supplied to DRKMTTR in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM or via e-mail/cloud.

 

Images which are supplied in an electronic format, are to be provided in a format as prescribed by DRKMTTR via CD-ROM or e-mail/cloud. Images must be of a quality suitable for use without any subsequent image processing, and DRKMTTR will not be held responsible for any image quality which the client later deems to be unacceptable. DRKMTTR 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 DRKMTTR of a design project’s duration is to be considered by the customer to be an estimation. DRKMTTR 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 DRKMTTR for the initial payment or by date confirmed in writing by DRKMTTR.

 

Rights of Access for Website Construction

 

The client agrees to allow DRKMTTR 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 DRKMTTR 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 DRKMTTR 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

 

DRKMTTR considers the design project complete upon receipt of the customer’s Review and signed Approval form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc., either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

 

Website Design

 

Once web design is complete, DRKMTTR will provide the customer with the opportunity to review the resulting work. DRKMTTR 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 DRKMTTR by e-mail or phone and confirmed by post. DRKMTTR 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.

 

Hosting Websites

 

DRKMTTR does not offer in-house hosting services. DRKMTTR can only suggest possible sub-contractors and hosting providers and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. DRKMTTR may request that clients change the type of hosting account used if that account is deemed by DRKMTTR to be unacceptable because of poor service, lack of bandwidth, specific technologies installed or not installed on the host\’s server(s), or if the hosting account is in any other way insufficient to support the website. Fees due to the hosting organization are the responsibility of the client and DRKMTTR are not liable for their payment.

 

Domain Registration

 

DRKMTTR cannot guarantee the availability of any domain name. Where DRKMTTR 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.

 

Search Engine Submission and Optimization

 

Due to the infinite number of considerations that search engines use when determining a site’s ranking, DRKMTTR 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. The client understands that search engine placement results are not guaranteed.

 

Design Credits

 

The customer agrees to allow DRKMTTR to place a small credit on printed material exhibition displays, advertisements and/or a link to DRKMTTR‘s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed unobtrusively towards the bottom of the design. The customer also agrees to allow DRKMTTR to place websites and other designs, along with a link to the client’s site on DRKMTTR‘s own website for demonstration purposes and to use any designs in its own publicity.

 

Rights of Refusal

 

DRKMTTR 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. DRKMTTR also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that DRKMTTR does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow DRKMTTR to remove the contravention without hindrance, or penalty. DRKMTTR is to be held in no way responsible for any such data being included.

 

Cancellation

 

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, DRKMTTR will need formal notification in writing 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 DRKMTTR within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

 

Disclaimer

 

DRKMTTR makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. DRKMTTR will not be held responsible for any and all damages resulting from products and/or services it supplies.

 

DRKMTTR 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 customer agrees not to hold DRKMTTR responsible for any such loss or damage.

 

Any claim against DRKMTTR shall be limited to the relevant fee(s) paid by the customer. DRKMTTR 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. DRKMTTR will not knowingly perform any actions to contravene these and the client also agrees to be so bound. DRKMTTR 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. DRKMTTR recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

 

General

 

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. DRKMTTR reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

 

Acceptance of Quotation and Terms and Conditions

 

The placement of an order for design and/or any other services offered by DRKMTTR and validated by the customer’s signature on the estimate or quotation form, 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 DRKMTTR.