The small print

 
Melonmade Design
 
 
 

Terms of Service

The small print…

Melonmade Terms and Conditions

The following Terms and Conditions of Service apply to all artwork, graphic design, print, website, copywriting and services provided by Melonmade.

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

Copyright of all graphic design work is retained by Melonmade including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.

Project Acceptance
At the time of proposal, Melonmade will provide the customer with a written estimate via email or quotation by post as requested.

A copy of the written estimate or quotation is to be agreed by the customer to indicate acceptance and should be returned Melonmade by email or post in reply to the estimate or quotation which binds the client to accept Melonmades’s terms and conditions. No work on a project will commence until either document has been received by Melonmade.

Design Fees
Fees for design services to be provided by Melonmade, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s written acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 30% of the quoted fee will become immediately due on projects. Work on the project will not commence until Melonmade has received this amount.

Charges for Other Services
Charges for any additional services over and above the estimated design, will be made known to the client. They will become fully payable at the time of project acceptance.

Payment
The client will be asked to provided artwork sign off before being issued with an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charge of 8% plus the Bank of England base rate per month of the outstanding amount.

Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Melonmade shall be considered entitled to remove 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 customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Melonmades 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 Melonmade for inclusion on the customer’s 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.

Any artwork, images, or text supplied and/or designed by Melonmade on behalf of the customer, will remain the property of Melonmade and/or it’s suppliers, in which full copyright will be passed to the client upon receipt of full payment.

By supplying images, text, or any other data to Melonmade, the customer grants Melonmade permission to use this material freely in the pursuit of the design and to utilise the designs in Melonmade’s online portfolio unless agreed otherwise.

Should Melonmade, 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 Melonmade to remove and/or replace the file.

The customer agrees to fully indemnify and hold Melonmade 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.

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 Melonmade 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 Melonmade, 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 Melonmade and any of it’s relevant sub-contractors.

Design Project Duration
Any indication given by Melonmade of a design project’s duration is to be considered by the customer to be an estimation. Melonmade cannot be held responsible for any project over-runs, whatever the cause.

Website Design Only
Once web design is complete, Melonmade will provide the customer with the opportunity to review the resulting work. Melonmade will make one set of minor changes at no extra cost within 5 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 Melonmade by email or phone call.

Melonmade will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 5 days of the start of the review period.

Hosting websites
Fees due to third party hosting organisations are the responsibility of the client and Melonmade is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.

Duration and Renewal of Hosting Services
Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in writing will automatically be renewed for the billing period chosen on sign up. You are entitled to cancel the Services by contacting Melonmade no less than 3 months prior to the renewal date for your Services.

Design Credits
The customer agrees to allow Melonmade to place a small credit on printed material, exhibition displays, advertisements and/or a link to Melonmade’s own 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 Melonmade to place all designs on Melonmade’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.

Rights of Refusal
Melonmade 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. Melonmade also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Melonmade does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Melonmade to remove the contravention without hindrance, or penalty.

Cancellation
Cancellation of orders may be made initially by telephone contact, or email. 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 Melonmade within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer
Melonmade 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 Melonmade responsible for any such loss or damage. Any claim against Melonmade shall be limited to the relevant fee(s) paid by the customer.

Melonmade 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.

General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Melonmade 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 Melonmade and validated by the customer’s written confirmation on the estimate or quotation, 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 Melonmade.