Terms and Conditions
Below are FOTOCLIPPER.COM (throughout this document will be referred to as FCC) standard terms and conditions. It is vital that you (The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with FCC. Please also note that from time to time FCC may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.
Commencement of work
Agreement to work with, and submission of a design brief and payment of deposit to FCC constitutes agreement to these terms and conditions.
Payment Terms
“The Client” agrees to pay the quoted amount to commence any design project. Once research, resources allocated or design work has commenced on a project, this amount is non-refundable. In the case of a change of mind by “The Client” this amount is non-refundable.
Design samples
“The Client “also agrees to allow FOTOCLIPPER.COM to showcase any/all work created in the course of a project as part of FOTOCLIPPER.COM portfolio. FOTOCLIPPER.COM acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.
Force Majeure
FOTOCLIPPER.COM shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of FCC. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Fees for service
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Where ever possible the client will be notified of increases in the scope of the project.
Excess work
This is defined as any work involving additions to the list of items defined in the Estimate of Services or changes to all pieces of finished artwork after sign off by an authorised representative of “The Client”. From time to time “The Client” will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, will be payable.
Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
Publication and/or release of work performed on behalf of the client by “FOTOCLIPPER.COM” may not take place before cleared funds have been received.
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
Liability & Litigation
It is agreed that all work and materials provided for “The Client “by “FOTOCLIPPER.COM” will be free and clear of all liens and encumbrances and may be lawfully used by “The Client” without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.
It is agreed that “FOTOCLIPPER.COM” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim.
Under no circumstances shall FOTOCLIPPER.COM be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the supplies prepared by FOTOCLIPPER.COM including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
Approval of Final Artwork
While FOTOCLIPPER.COM takes all care to avoid errors, FOTOCLIPPER.COM accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the “Client” responsibility to proof read and approve all final copy before the production of artwork..
Returns And Refunds
It is agreed that the FOTOCLIPPER.COM is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client. FCC will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify FCC of any such errors during the revision cycle and before the final files have been generated.
In the event of a need to reprint due to errors in content, the client must inform FOTOCLIPPER.COM within 3 days of product .
Copyright
FOTOCLIPPER.COM retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property ofFOTOCLIPPER.COM . FCC may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, FOTOCLIPPER.COM retains the right to display a small by-line claiming design credit on works it produces, except for corporate stationery.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment FOTOCLIPPER.COM retains ownership of all artwork . FOTOCLIPPER.COM reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, colour palettes and other non exclusive items.
FOTOCLIPPER.COM reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Other than for the promotional use of FOTOCLIPPER.COM all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by FOTOCLIPPER.COM shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.
In accordance with the INDIAN Copyright Act (2012), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of FOTOCLIPPER.COM till such time an agreement is in place. As part of FOTOCLIPPER.COM terms of business, the copyright licence is automatically released to the client on receipt of final payment for the commissioned work. FOTOCLIPPER.COM reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting FOTOCLIPPER.COM in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
Goodwill
This proposal assumes goodwill from both FOTOCLIPPER.COM and “The Client” regarding:
- What can reasonably be achieved in a given time frame
- Making best use of resources to achieve the most effective outcomes
Resending Uploading Files
If a client losed or accidentally deletes the files delivered by FCC at the completion of the project, FCC can re upload to Drop Box, for a fee of Rs 500 per request Providing the request from the “Client” has been made within 2 years from the date of completion.
International Work
Some of FOTOCLIPPER.COM clients come from outside India . Being a niche market we are global specialists in the field of feminine graphic and web design and as such create work across the world, using contemporary communication methods such as Skype, Drop Box, Hightail, email and chat, along with the more traditional devices such as telephone.
Termination policy
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment will be forfeited in lieu of compensation to FCC. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by FCC and the client by negotiation) a prorata payment is payable for time spent up until cancellation notice.
If a project is cancelled by FOTOCLIPPER.COM ,due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights with FOTOCLIPPER.COM
Confidentiality
It is agreed that employees of “FOTOCLIPPER.COM” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.
Late payments & Default
“FOTOCLIPPER.COM” retains all copyright for work performed until full project costs have been paid. “FOTOCLIPPER.COM” reserves the right to reuse or resell work undertaken in the case of payment default.
“FOTOCLIPPER.COM” accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases
Amendments to these Terms and Conditions
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client “and signed by an authorised representative of “FOTOCLIPPER.COM” prior to the commencement of work outlined in this submission.
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Disclaimer
Graphic design, strategy, photography, TVC, illustration and marketing are all highly creative and subjective art forms. As such FOTOCLIPPER.COM take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however FOTOCLIPPER.COM cannot be held responsible for variations between expectation and outcome.
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