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Terms & Conditions

 

The following Terms and Conditions of Service apply to all products and services provided by Brethan Designs LLC.

All work is carried out by Brethan Designs LLC on the understanding that the client has agreed to Brethan Designs LLC terms and conditions.

Copyright is retained by Brethan Designs LLC 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 solution is deemed to be given by Brethan Designs LLC as fulfilling the contract. All other designs remain the property of Brethan

Designs LLC, unless agreed in writing that this arrangement has been changed.

Project Acceptance At the time of proposal, Brethan Designs LLC will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Brethan Designs LLC’

website.

Copyrights and Trademarks

By supplying text, images and other data to Brethan Designs LLC 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. Any artwork, images, or text supplied and/or designed by Brethan Designs LLC on behalf of the customer, will remain the property of Brethan Designs LLC and/or it’s suppliers. The customer may request in writing from Brethan Designs LLC, the necessary permission to use materials (for which Brethan Designs LLC holds the copyright) in forms other than for which it was originally supplied, and Brethan Designs LLC 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 Brethan Designs LLC, the customer grants Brethan Designs LLC permission to use this material freely in the pursuit of the design. Should Brethan Designs LLC, 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 Brethan Designs LLC to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Brethan Designs LLC 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 Brethan Designs LLC 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 Brethan Designs LLC, 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 Brethan Designs LLC and any of it’s 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. Brethan Designs LLC will not be held responsible for any and all damages resulting from such claims. Brethan Designs LLC is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Brethan Designs LLC responsible for any such loss or damage. Any claim against Brethan Designs LLC shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to Brethan Designs LLC’s definition of acceptable means of supplying data to the company. Text is to be supplied to Brethan Designs LLC in electronic format as standard text (.txt), MS Word (.doc) on USB, or CD-ROM, or via e-mail. Images which are supplied in an electronic format, are to be provided in a format as prescribed by Brethan Designs LLC via USB, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Brethan Designs LLC will not be held responsible for any image quality which the client later deems to be unacceptable. Brethan Designs LLC 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 Brethan Designs LLC of a design project’s duration is to be considered by the customer to be an estimation. Brethan Designs LLC 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 Brethan Designs LLC for the initial payment or by date confirmed in writing by Brethan Designs LLC. Rights of Access for Website Construction The client agrees to allow Brethan Designs LLC 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 Brethan Designs LLC 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 Brethan Designs LLC 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

Brethan Designs LLC 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 Only Once web design is complete, Brethan Designs LLC will provide the customer with the

opportunity to review the resulting work. Brethan Designs LLC 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 Brethan Designs LLC by e-mail or fax and confirmed by post. Brethan Designs LLC 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.

Kids’ Privacy

Our Website is intended for the use of adults and individuals 13 years of ages and older. Our Website is not directed to children under the age of 13. Users under the age of 13 must have the permission and/or assistance of an adult while using or visiting our Website. Hosting Websites Brethan Designs LLC does offer in-house hosting services. Brethan Designs LLC does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Brethan Designs LLC may request that clients change the type of hosting account used if that account is deemed by Brethan Designs LLC to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organization of Brethan Designs LLC are the responsibility of the client and Brethan Designs LLC are not liable for their payment. Domain Registration Brethan Designs LLC cannot guarantee the availability of any domain name. Where Brethan Designs LLC 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

Due to the infinite number of considerations that search engines use when determining a site’s ranking, Brethan Designs LLC 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.

Design Credits

The customer agrees to allow Brethan Designs LLC to place a small credit on printed material exhibition displays, advertisements and/or a link to Brethan Designs LLC’ 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 Brethan Designs LLC to place websites and other designs, along with a link to the client’s site on Brethan Designs LLC’ own website for demonstration purposes and to use any designs in its own publicity. Rights of Refusal Brethan Designs LLC 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. Brethan Designs LLC also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Brethan Designs LLC does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Brethan Designs LLC to remove the contravention without

hindrance, or penalty. Brethan Designs LLC 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, Brethan Designs LLC 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 Brethan Designs LLC within 2 days of such instruction being issued, will be liable for the full quoted cost

of the project.

Disclaimer

Brethan Designs LLC makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Brethan Designs LLC will not be held responsible for any and all damages resulting from products and/or services it supplies. Brethan Designs LLC 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 Brethan Designs LLC responsible for any such loss or damage. Any claim against Brethan Designs LLC shall be limited to the relevant fee(s) paid by the customer.

Brethan Designs LLC Design 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. Brethan Designs LLC will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Brethan Designs LLC 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. Brethan Designs LLC 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. Brethan Designs LLC 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 Brethan Designs LLC. 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 Brethan Designs LLC.

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