Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by OFFiX Consulting. All work that is carried out by OFFiX Consulting is on the understanding that the Client has agreed to OFFiX Consulting's terms and conditions.
Copyright is retained by OFFiX Consulting 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 OFFiX Consulting as fulfilling the contract. All other designs remain the property of OFFiX Consulting, unless agreed in writing that this arrangement has been changed.
At the time of proposal, OFFiX Consulting will provide the Client with a written estimate or quotation. A copy of the written estimate or quotation is to be signed and dated by the Client to indicate acceptance and should be returned to OFFiX Consulting. Alternatively, the Client may send an official order in reply to the estimate or quotation, which binds the Client to accept OFFiX Consulting's terms and conditions, or an email message acknowledging acceptance of the quotation. No work on any project will commence until acceptance of the quotation or estimate has been received by OFFiX Consulting.
Charges for design services to be provided by OFFiX Consulting will be set out in the written estimate or quotation that is provided to the Client. At the time of the Client's signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions and scope of the project, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until OFFiX Consulting has received this amount.
Unless otherwise agreed with the Client, all design services require a minimum advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work, and prior to upload to any Client-owned server or release of materials. Graphic design/printing services require full payment before any work is completed.
Charges for design work do not cover the release of copyright design files including indd, psd, png, ai, or any other source files. If the Client requires these files, they will be subject to a separate quotation or 'buy-out' charge, unless agreed in writing that this arrangement has been changed.
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 Client will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the Client will be required to sign and return the Approval Form to OFFiX Consulting.
Payments may be made by online transfer, cash, business check, credit card (Visa, MasterCard, American Express, or Discover) or Debit Card. Publication and/or release of work done by OFFiX Consulting on behalf of the Client, may not take place before cleared funds have been received.
A returned check fee of $35 will apply for any business or personal check payments that are returned as insufficient funds from any financial institution. After seven (7) calendar days, a late fee will be added to the invoice for which the check was returned. OFFiX Consulting reserves the right to consider an account to be in default in the event of a returned check.
Late Fee Policy
A late fee of 5.00% of the invoice total will be automatically applied to any invoice not paid within seven (7) calendar days of the due date. Invoices that are outstanding more than 60 days will result in account closure and the outstanding invoice will be referred to collections. The client will be responsible for any legal and/or collection fees. No additional services or products may be purchased or quoted on any account with a late outstanding balance.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. OFFiX Consulting shall be considered entitled to remove OFFiX Consulting and/or the Client's material from any and all computer systems after 45 days of no contact following notice of default, 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 Client of their obligation to pay the due amount. Clients whose accounts become default agree to pay OFFiX Consulting reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Clients who are unable to remit payment for any product or service by the assigned due date are encouraged to contact OFFiX Consulting as soon as possible to avoid any delay or removal of services.
Copyrights and Trademarks
By supplying text, images and other data to OFFiX Consulting for inclusion in the Client's website or other medium, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by OFFiX Consulting on behalf of the Client, will remain the property of OFFiX Consulting and/or its suppliers.
The Client may request in writing from OFFiX Consulting, the necessary permission to use materials (for which OFFiX Consulting holds the copyright) in forms other than for which it was originally supplied, and OFFiX Consulting 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 OFFiX Consulting, the Client grants OFFiX Consulting permission to use this material freely in the pursuit of the design.
Should OFFiX Consulting, or the Client 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 Client will agree to allow OFFiX Consulting to remove and/or replace the file on the site.
The Client agrees to fully indemnify and hold OFFiX Consulting free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and/or any other necessary permissions.
The Client 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 Client also agrees that OFFiX Consulting 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 Client by OFFiX Consulting, 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 OFFiX Consulting 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. OFFiX Consulting will not be held responsible for any and all damages resulting from such claims. OFFiX Consulting is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold OFFiX Consulting responsible for any such loss or damage. Any claim against OFFiX Consulting shall be limited to the relevant fee(s) paid by the Client.
The Client agrees to OFFiX Consulting's definition of acceptable means of supplying data to the company.
Text is to be supplied to OFFiX Consulting in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail / FTP.
Images which are supplied in an electronic format are to be provided in a format as prescribed by OFFiX Consulting via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and OFFiX Consulting will not be held responsible for any image quality which the Client later deems to be unacceptable. OFFiX Consulting 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 OFFiX Consulting of a design project's duration is to be considered by the Client to be an estimation. OFFiX Consulting 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 OFFiX Consulting for the initial payment or by date confirmed in writing by OFFiX Consulting.
Rights of Access for Website Construction
The Client agrees to allow OFFiX Consulting 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 OFFiX Consulting 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 OFFiX Consulting with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
At the Client's request, OFFiX Consulting will provide the Client with a Business Associate Agreement or Non-Disclosure Agreement (NDA).
Design Project Completion
OFFiX Consulting considers the design project complete upon receipt of the Client's signed Approval form. 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 a separate charge.
The Client may request no more than two design concept changes per project. If the Client requests more than two concept changes, an additional fee will be invoiced and no work will continue until the fee is paid. While Client feedback is important, the purpose of this condition is to prevent endless iterations.
OFFiX Consulting requires that a template is approved by the Client before any coding of a site commences. Once the template(s) for the web site is 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, OFFiX Consulting will provide the Client with the opportunity to review the resulting work. OFFiX Consulting will make one set of minor changes at no extra cost within 30 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 OFFiX Consulting by e-mail or through use of the online Client area.
OFFiX Consulting 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.
OFFiX Consulting offers a limited in-house hosting services through an out-sourced virtual server. OFFiX Consulting does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. OFFiX Consulting may request that Client's change the type of hosting account used if that account is deemed by OFFiX Consulting to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on OFFiX Consulting's virtual server are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organizations are the responsibility of the Client and OFFiX Consulting are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the Client / domain owner.
OFFiX Consulting cannot guarantee the availability of any domain name. Where OFFiX Consulting 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.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site's ranking, OFFiX Consulting 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.
The Client agrees to allow OFFiX Consulting to place a small credit on printed material exhibition displays, advertisements and/or a link to OFFiX Consulting own website on the Client'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 Client also agrees to allow OFFiX Consulting to place websites and other designs, along with a link to the Client's site on OFFiX Consulting own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
OFFiX Consulting 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. OFFiX Consulting also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that OFFiX Consulting does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the Client is obliged to allow OFFiX Consulting to remove the contravention without hindrance, or penalty. OFFiX Consulting 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, OFFiX Consulting 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 OFFiX Consulting within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
OFFiX Consulting makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. OFFiX Consulting will not be held responsible for any and all damages resulting from products and/or services it supplies. OFFiX Consulting 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 Client agrees not to hold OFFiX Consulting responsible for any such loss or damage. Any claim against OFFiX Consulting shall be limited to the relevant fee(s) paid by the Client.
OFFiX Consulting 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. OFFiX Consulting 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. OFFiX Consulting 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 & Quotation
The placement of an order for design and/or any other services offered by OFFiX Consulting, by email, verbally, or in writing, is deemed to be acceptance of these terms and conditions, which are posted and publicly available at www.offixonline.com.
An estimate validated by the Client'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 OFFiX Consulting.