Version 1.1 | This page was last updated on April 22, 2019
TERMS & CONDITIONS
The following Terms and Conditions of Service apply to all products and services provided by Art by Otniël (hereinafter referred to as Art by Otniël or otnielperica.com).
All work is carried out by Art by Otniël on the understanding that the client has agreed to Art by Otniël’s terms and conditions. Copyright is retained by Art by Otniël 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 Art by Otniël as fulfilling the contract. All other designs remain the property of Art by Otniël, unless agreed in writing that this arrangement has been changed.
At the time of proposal, Art by Otniël will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on the Art by Otniël website. 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 Art by Otniël. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Art by Otniël’s terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation has been received by Art by Otniël.
Charges for design services to be provided by Art by Otniël 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 Art by Otniël has received this amount. Unless agreed otherwise with the Client, all design services require an 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 prior to upload to the server or release of materials.
Charges for design work do not cover the release of copyright design files including indd, psd, png, fla or any other source files; if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge.
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 Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to Art by Otniël. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount. Payments may be made by cash, cheque, or for overseas customers through SWIFT international transfer. Publication and/or release of work done by Art by Otniël on behalf of the client, may not take place before cleared funds have been received. Returned cheques will incur an additional fee of USD50 per returned cheque. Art by Otniël 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. Art by Otniël shall be considered entitled to remove Art by Otniël 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 Art by Otniël 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 Art by Otniël 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 Art by Otniël on behalf of the customer, will remain the property of Art by Otniël and/or its suppliers. The customer may request in writing from Art by Otniël, the necessary permission to use materials (for which Art by Otniël holds the copyright) in forms other than for which it was originally supplied, and Art by Otniël 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 Art by Otniël, the customer grants Art by Otniël permission to use this material freely in the pursuit of the design. Should Art by Otniël, 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 Art by Otniël to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Art by Otniël 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 Art by Otniël 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 Art by Otniël, 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 Art by Otniël 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. Art by Otniël will not be held responsible for any and all damages resulting from such claims. Art by Otniël is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Art by Otniël responsible for any such loss or damage. Any claim against Art by Otniël shall be limited to the relevant fee(s) paid by the customer.
Art by Otniël makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Art by Otniël will not be held responsible for any and all damages resulting from products and/or services it supplies. Art by Otniël 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 Art by Otniël responsible for any such loss or damage. Any claim against Art by Otniël shall be limited to the relevant fee(s) paid by the customer.
Art by Otniël 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. Art by Otniël will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Art by Otniël 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. Art by Otniël 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.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Art by Otniël reserves the right to change any rates and any of the Terms and Conditions at any time and without
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Art by Otniël, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.
An estimate validated by the customer’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 Art by Otniël.