Terms & Conditions

The following Terms and Conditions of Service apply to all products and services provided by Tic Creative Ltd and in the event of any dispute are governed by the laws of England.

All work is carried out by Tic Creative Ltd on the understanding that the client has agreed to our terms and conditions.

Copyright is retained by Tic Creative Ltd on all design work including words, pictures, ideas, visuals and illustrations and will be passed to our clients after all costs have been settled.

If a choice of designs 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 remain the property of Tic Creative Ltd unless specifically agreed in writing.

Project Acceptance

At the time of proposal, Tic Creative will provide the customer with a written estimate via our online account’s portal. Terms and Conditions can be read at any time on the Tic Creative Ltd website.

The Client will be covered under these terms and conditions on acceptance and payment of the initial deposit of the said estimate.

The client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.

For the avoidance of doubt, the Tic Creative Ltd Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.

Design Charges

Charges for design services to be provided by Tic Creative 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 will be due, and value agreed in advance of any work starting.

Unless agreed otherwise with the Client, all design services require an advance payment agreed in advance with timeline before the work commences or is supplied to the Client for review. The remaining balance of the project quotation total will be due upon completion of the work.

Source Files

We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.

Charges for design work include the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla, esp and PDF or other source files or raw code.

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 estimate or quotation acceptance.

Payment

Any invoice queries must be submitted by email within 14 days of the invoice date.

Payments may be made by online transfer.

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

Tic Creative reserves the right to request 50% of any outstanding balances after the project has exceeded the initial term agreed if the client is seen to be late or slow in delivering content to complete the project.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Tic Creative Ltd shall be entitled to remove Tic Creative Ltd 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, 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 all Tic Creative Ltd’s reasonable legal and accounting expenses and third-party collection agency fees in the enforcement of the debt and these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images and other data to Tic Creative Ltd for inclusion in 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 Tic Creative Ltd on behalf of the customer, will remain the property of Tic Creative Ltd and/or its suppliers unless otherwise agreed in writing. A license for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.

The customer may request in writing from Tic Creative Ltd, the necessary permission to use materials (for which Tic Creative Ltd holds the copyright) in forms other than for which it was originally supplied, and Tic Creative Ltd may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

Any software, code, plugin or other third-party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not Tic Creative Ltd.

By supplying images, text, or any other data to Tic Creative Ltd, the customer grants Tic Creative Ltd permission to use this material freely in the pursuit of the design.

Should Tic Creative Ltd, 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 Tic Creative Ltd to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold Tic Creative Ltd 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 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 customer also agrees that Tic Creative Ltd 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 Tic Creative Ltd, 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 Tic Creative Ltd and any of its 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.

Tic Creative Ltd will not be held responsible for any and all damages resulting from such claims.

Tic Creative Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Tic Creative Ltd responsible for any such loss or damage.

Any claim against Tic Creative Ltd shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to Tic Creative Ltd definition of acceptable means of supplying data to the company.

Text is to be supplied to Tic Creative Ltd 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 Tic Creative Ltd via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Tic Creative Ltd will not be held responsible for any image quality which the client later deems to be unacceptable.

Tic Creative Ltd 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 Tic Creative Ltd of a design project’s duration is to be considered by the customer to be an estimation. Tic Creative Ltd 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 Tic Creative Ltd for the initial payment or by date confirmed in writing by Tic Creative Ltd.

Rights of Access for Website Construction

The client agrees to allow Tic Creative Ltd 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 Tic Creative Ltd 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 Tic Creative Ltd 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

Tic Creative Ltd considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as separate.

Website design only

Tic Creative Ltd require that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.

Once web design is complete, Tic Creative Ltd will provide the customer with the opportunity to review the resulting work. Tic Creative Ltd will make three sets 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 Tic Creative Ltd by e-mail.
Tic Creative Ltd 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.

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

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site’s ranking, Tic Creative Ltd 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 Tic Creative Ltd to place a small credit and/or a link to Tic Creative Ltd 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 Tic Creative Ltd to place websites and other designs, along with a link to the client’s site on Tic Creative Ltd own website for demonstration purposes and to use any designs in its own publicity and portfolios.

Rights of Refusal

Tic Creative Ltd 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. Tic Creative Ltd also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Tic Creative Ltd does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Tic Creative Ltd to remove the contravention without hindrance, or penalty. Tic Creative Ltd 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,

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 Tic Creative Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

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

Tic Creative Ltd 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. Tic Creative Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Tic Creative Ltd 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. Tic Creative Ltd 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. Tic Creative Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by Tic Creative Ltd, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.ticcreative.com.

An estimate accepted by the customer’s signature on the estimate or quotation form, or by email, 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 company agree and Tic Creative Ltd.