TERMS & CONDITIONS
We work well with dreamers because our partnerships are based on honesty and integrity, but all work needs guidance in the form of terms and conditions. Here are ours in fairly straight-forward English. Please read them – it’s important that you know what we charge for and why we charge it, why certain copyright files are not released by us and also what charges you might incur for extensive revisions, additional work or copyright releases. If you have any questions, please feel free to contact us. Thank You.
Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by Dream Designs Graphics (hereinafter referred to as Dream Designs) and in the event of any dispute are governed by the laws of the United States of America and International Law.
All work is carried out by Dream Designs on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Dream Designs 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 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 Dream Designs, unless specifically agreed in writing.
At the time of proposal, Dream Designs will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Dream Designs website. A copy of the written estimate or quotation is to be emailed to the customer to indicate acceptance upon completed payment.
Designs purchased online at the Dream Designs Graphics website will also indicate acceptance of these terms and conditions.
Charges for design services to be provided by Dream Designs will be set out in the written estimate or pricing listed on our website. Upon completing payment or customer’s acceptance of estimate, indicating acceptance of the Terms & Conditions, a payment of all services will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment before the work commences or is supplied to the Client for final review.
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 do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; 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.
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.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Dream Designs shall be entitled to remove Dream Designs ‘s 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 Dream Designs ‘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 Dream Designs 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 Dream Designs on behalf of the customer, will remain the property of Dream Designs 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 Dream Designs, the necessary permission to use materials (for which Dream Designs holds the copyright) in forms other than for which it was originally supplied, and Dream Designs 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 Dream Designs.
By supplying images, text, or any other data to Dream Designs, the customer grants Dream Designs permission to use this material freely in the pursuit of the design.
Should Dream Designs, 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 Dream Designs to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Dream Designs 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.
For all designs, the first round of revisions is free of charge.
For any additional changes, 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.
For a list of our revision rates, click here for our design revision form. Dream Designs Revision Form
The customer also agrees that Dream Designs holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Dream Designs, 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 Dream Designs 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.
Dream Designs will not be held responsible for any and all damages resulting from such claims.
Dream Designs is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Dream Designs responsible for any such loss or damage.
Any claim against Dream Designs shall be limited to the relevant fee(s) paid by the customer.
Sending Design Details
After completing payment, clients received an email with instructions on how to complete the design order form online. All clients must complete a design order form unless deemed not required by Dream Designs or sent in the following acceptable means.
The client agrees to Dream Designs’s definition of acceptable means of supplying design details to the company. Text is to be supplied to Dream Designs in electronic format as standard text (.txt), MS Word (.docx) or via e-mail our design order form.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Dream Designs via e-mail or through our design order form. Images must be of a quality suitable for use without any subsequent image processing, and Dream Designs will not be held responsible for any image quality which the client later deems to be unacceptable.
Dream Designs 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
Design Project Duration
Any indication given by Dream Designs of a design project’s duration is to be considered by the customer to be an estimation. Dream Designs 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 Dream Designs for the initial payment or by date confirmed in writing by Dream Designs.
Rights of Access for Website Construction
text-align: justify The client agrees to allow Dream Designs 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 Dream Designs 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 Dream Designs 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
Dream Designs considers the design project complete upon delivering design files via 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 project with it’s own estimated delivery date.
Dream Designs Web Design
Dream Designs requires an in-depth assessment of client needs via email or phone consult before coding of a site commences. All text, images, and link must be supplied by client to Dream Designs via email or our design order form.
Once web design is complete, Dream Designs will provide the customer with the opportunity to review the resulting work. Dream Designs 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 Dream Designs by e-mail.
Dream Designs 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.
Dream Designs does not offer hosting services but will recommend companies for client to use for web hosting.
Dream Designs may request that clients change the type of hosting account used if that account is deemed by Dream Designs to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.
Fees due to third party hosting organizations are the responsibility of the client and Dream Designs are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
Dream Designs cannot guarantee the availability of any domain name. Where Dream Designs is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration. Domain registration will be the sole responsibility of the client. Dream Designs Graphics will assist in the process of acquiring client’s domain.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Dream Designs 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. Dream Designs recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
The customer agrees credit Dream Designs Graphics for design serviced rendered and if requested by Dream Designs, to allow Dream Designs to place a small credit on printed material exhibition displays, advertisements and/or a link to Dream Designs 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 Dream Designs to place websites and other designs, along with a link to the client’s site on our own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Dream Designs 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. Dream Designs also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Dream Designs does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Dream Designs to remove the contravention without hindrance, or penalty. Dream Designs is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Dream Designs will need formal notification in writing to the company’s postal address or via email. The client will receive 50% of the funds paid for invoiced work or via online purchase. Please note: any cancellation which is not formally confirmed in writing and received by Dream Designs within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Dream Designs makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Dream Designs will not be held responsible for any and all damages resulting from products and/or services it supplies. Dream Designs 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 Dream Designs responsible for any such loss or damage. Any claim against Dream Designs shall be limited to the relevant fee(s) paid by the customer.
Dream Designs 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. Dream Designs will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Dream Designs 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 Dream Designs, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.dreamdesignsgraphics.com.
An estimate validated by the customer’s signature or via 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 signatory and Dream Designs.