These Design Terms and Conditions provide the basis for a good working relationship between LQL Photography & Design (“LQL Photo + Design”) and you (the “Client”). These terms form an integral part of the agreement between LQL Photo + Design and the Client.
Our terms and conditions are agreed to by the Client upon commencement of work.
Copyright is retained by LQL Photo + Design on all design work, which includes words, pictures, ideas, visuals and illustrations, unless released in writing by LQL Photo + Design.
LQL Photo + Design will provide the Client with a quotation by email or web enabled client interface at the time of proposal. These Terms and Conditions can be read at any time on the LQL Photo + Design website (https://www.lqlphotodesign.com).
The client may confirm their agreement to these terms by email or by signing the proposal.
LQL Photo + Design will provide print-ready PDFs or other graphic files as specified in the job scope or request. Design charges do not include release of our copyright design source files, which may include INDD, PSD, AI, PNG, FLA or other files. 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.
Upon the Client's signed agreement of the estimate or quotation, a non-refundable 50% payment will be required, indicating acceptance of the Terms & Conditions.
The other half of the project total will be due once the work is completed and before it is uploaded to the server or release of materials.
The Client will be provided with an Approval Form or Proof Email, and an Invoice prior to final delivery. Upon receipt of these items, the remainder of the amount due will become payable and the Client will also be required to sign the Approval Form or signify approval by email to LQL Photo + Design.
Any invoice queries must be submitted within 14 days of the invoice date.
Accounts that are unpaid 30 days after the invoice date will be charged interest at 8% on the outstanding amount from the due date until the date of payment.
Payments can be made online by online transfer, Credit Card or Debit Card.
The Client acknowledges that publication or release of work done by LQL Photo + Design on behalf of the Client may not take place before cleared funds have been received.
If you require any additional services that fall outside of the scope or estimated time for the project, you will be responsible for paying the full quoted amount. This will be due at the time of estimate or quotation acceptance.
If an account remains unpaid for 30 days from the date of invoice, or following a returned check, it will be considered in default. LQL Photo + Design reserves the right to remove Client’s material from any and all computer systems until the full amount due has been paid.
By agreeing to these Terms and Conditions, the Client understands that they are responsible for paying all of LQL Photo + Design's reasonable legal and accounting expenses, as well as any third-party collection agency fees, in the event that their account becomes delinquent
The Client warrants that it has the necessary copyright and/or trademark permissions for any text, images or other data given to LQL Photo + Design for inclusion in the Client’s website or other medium. The ownership of such materials will remain with the rightful copyright holder.
The copyright for any artwork, images or text designed by LQL Photo + Design on behalf of the Client will remain with LQL Photo + Design and/or its suppliers, unless agreed otherwise in writing. The Client is granted a license for use of the copyright material solely for the project defined in the agreement.
The software, code, plugin or other third-party material used in a web or digital project remains the property of the creator. Any ongoing license fees or fees for upgrades are the responsibility of the Client, not LQL Photo + Design.
If LQL Photo + Design or the Client supplies an image, text, 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, and subsequently emerges to have such copyright or royalty, LQL Photo + Design will not be held liable and the file will be removed from all systems.
The Client agrees to fully indemnify and hold LQL Photo + Design from harm in any and all claims resulting from the Client's failure to obtain all the required copyright and/or 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 LQL Photo + Design holds no responsibility for any amendments made by any third party, before or after a design is published.
Any artwork, images, or text designed by LQL Photo + Design on behalf of the Client will remain the property of LQL Photo + Design and/or its suppliers, unless otherwise agreed in writing. The Client is granted a license for use of the copyright material solely for the project defined in the agreement.
All design work that may result in a claim from another party should be registered with the appropriate authorities by the Client prior to publication or first use.
LQL Photo + Design cannot be held responsible for any damages that occur.
The Client agrees to LQL Photo + Design’s definition of acceptable means of supplying data.
Text is to be supplied to LQL Photo + Design 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 LQL Photo + Design via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and LQL Photo + Design will not be held responsible for any image quality which the Client later deems to be unacceptable.
LQL Photo + Design 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, color correction and alteration of images.
LQL Photo + Design cannot be held responsible for any delays to a project, regardless of the cause. Estimated project durations are to be considered as estimates only, from the date that cleared funds are received.
The Client agrees to allow LQL Photo + Design 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 Client also agrees to allow LQL Photo + Design 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 LQL Photo + Design with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
LQL Photo + Design and the Client shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Proposal except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.
LQL Photo + Design considers the design project complete upon receipt of the Client’s signed Approval form or signoff 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.
LQL Photo + Design require that a template is approved by the Client before coding of a site commences. Once the template(s) for the web site are approved by the Client, coding will commence; any changes to navigation items, colors, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, LQL Photo + Design will provide the Client with the opportunity to review the resulting work. LQL Photo + Design 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 LQL Photo + Design by e-mail.
LQL Photo + Design 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.
LQL Photo + Design's hosting service is provided through an out-sourced virtual server. While LQL Photo + Design make every effort to provide continuous service, LQL Photo + Design cannot guarantee that there will be no interruptions. LQL Photo + Design accepts no liability for any loss of service, regardless of the cause.
LQL Photo + Design may request that Clients change the type of hosting account used if the current account is deemed to be insufficient. This may be due to poor service, lack of bandwidth, or any other issue that affects the website's performance. If LQL Photo + Design recommends a change in hosting, any associated fees will be the responsibility of the Client.
LQL Photo + Design cannot guarantee the availability of any domain name. While LQL Photo + Design will attempt to register a domain name on your behalf, this should not be assumed as a successful registration.
Given the multitude of factors that search engines take into account when determining a site's ranking, LQL Photo + Design cannot guarantee any particular placement.
The Client hereby consents to LQL Photo + Design displaying websites and other designs, along with a link to the Client’s site, on LQL Photo + Design’s own website for demonstration purposes, and to LQL Photo + Design using any designs in its own publicity and portfolios.
LQL Photo + Design will not use any text, images or other data which it deems to be immoral, offensive, obscene or illegal in its designs. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. LQL Photo + Design reserves the right to remove any content from its designs which it deems to be in violation of these standards.
Cancellation of orders may be made e-mail or web enabled client interface. After the initial deposit has been made, the client will be invoiced for all work completed over and above the non-refundable deposit. The balance of the invoice must be paid within 30 days.
LQL Photo + Design disclaims all warranties, express or implied, for any and all products and/or services that it supplies. LQL Photo + Design will not be held responsible for any and all damages resulting from products and/or services it supplies.
LQL Photo + Design may use the services of sub-contractors, agents and suppliers, and any work performed, content created, and services provided will be subject to their Terms and Conditions. LQL Photo + Design will not knowingly take any action that would contravene these Terms and Conditions, and the Client agrees to be bound by them as well.
The Client expressly acknowledges that this agreement does not create an exclusive relationship with LQL Photo + Design. The Client is free to engage others to perform services of the similar nature to those provided by LQL Photo + Design, and shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered.
The Terms and Conditions set forth herein shall supersede any and all previous Terms and Conditions distributed in any form. LQL Photo + Design reserves the right to change any rates and/or any of the Terms and Conditions at any time and without prior notice.
The placing of an order for design and/or any other services offered by LQL Photo + Design, through email, verbally, or in writing, implies acceptance of these terms and conditions, which can be found on the LQL Photo + Design website (https://www.lqlphotodesign.com).
Please read the Terms and Conditions above to make sure you understand all the details of our working together. It’s essential that everything is transparent and understood from the beginning.
If you have any questions, please contact LQL Photo + Design in order to clarify any points.