Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by Nathanael Marsh (NM).
All work is carried out by NM on the understanding that the client has agreed to NM's terms and conditions.
Copyright is retained by NM on all design work 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 NM as fulfilling the contract. All othe designs remain the property of NM, unless agreed in writing that this arrangement has been changed.
At the time of proposal, NM will provide the customer with a written estimate or quotation. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to NM. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept NM's terms and conditions. No work on a project will commence until either document has been received by NM.
Charges for design services to be provided by NM, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until NM has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The customer will be provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 5% per month of the outstanding amount.
Payments may be made by BACS, cash, cheque, or (for overseas customers), Pound Sterling International Money Order or previously agreed electronic funds transfer.
Publication and/or release of work done by NM on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of £50 per returned cheque. NM reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. NM shall be considered entitled to remove NM'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 it's obligation to pay the due amount. Customers whose accounts become default agree to pay NM 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 NM 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 NM on behalf of the customer, will remain the property of NM and/or it's suppliers.
The customer may request in writing from NM, the necessary permission to use materials (for which NM holds the copyright) in forms other than for which it was originally supplied, and NM may, at it's 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 NM, the customer grants NM permission to use this material freely in the pursuit of the design.
Should NM, 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 NM to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold NM 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.
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 NM holds no responsibility for any amendments made by any third party, before or after a design is published.