1. GENERAL
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. The following Terms and Conditions of Service apply to all products and services provided by D’casel. All work is carried out by D’casel on the understanding that the client has agreed to D’casel’s terms and conditions. Copyright is retained by D’casel 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 D’casel as fulfilling the contract. All other designs remain the property of D’casel unless agreed in writing that this arrangement has been changed.
2. PROJECT ACCEPTANCE & CONFIRMATION
At the time of proposal, D’casel will provide a formal quotation. A copy of the written quotation and contract is to be signed and dated by the client to indicate acceptance and should be returned to D’casel. No work on a project will commence until either document has been received by D’casel.
3. QUOTATIONS
The Client shall be responsible for any increases in D’casel’s costs as a result of any changes to such job parameters or other material made by The Client either directly or indirectly after the date of any quotations given by D’casel. Quotations are valid for a period of thirty (30 Days) from the date of quotation.
4. DESIGN CHARGES AND PAYMENT
The total cost includes value-added TAX. Charges for design services are to be provided by D’casel and will be set out in the written estimate that is provided to The Client. At the time of the client’s signed acceptance of this quotation, indicating acceptance of the Terms & Conditions. Work on the project will not commence until D’casel has receives the amount. Should the project be delayed or stand still by The Client without any progress for 30 (Thirty) working days from the date of the last proof supplied by D’casel, a Milestone payment of 50% will be required.
5. SUPPLY OF DESIGN ELEMENTS AND DATA
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 PSD, AI, or other source files or raw code; if the Client requires these files for transfer to an in-house or other designers, they will be subject to a separate quotation or ‘buy-out’ charge.
6. PRELIMINARY WORK
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).
7. SUB-CONTRACTING
D’casel shall not be responsible to The Client for any delays occasioned by a sub-contractor failing to meet deadlines imposed upon it by D’casel for completion of any job, for any reason outside the direct control of D’casel.
8. PERFORMANCE, DELIVERY, OR COLLECTION
Unless otherwise agreed in writing, all times quoted for performance or delivery or availability for collection are given in good faith but are not guaranteed by D’casel. The time for performance or delivery or availability for collection shall in every case be dependent upon prompt receipt of all necessary information, final instructions, or approvals from The Client. Alteration by The Client of its requirements may result in a delay in performance, delivery, and/or availability for collection for which D’casel shall bear no liability. D’casel shall not be held liable for any delay in print production and late delivery thereof.
9. COPYRIGHTS AND TRADEMARKS
By supplying text, images, and other data to D’casel for inclusion in The Client’s business cards, flyers, pamphlets, 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 the rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by D’casel on behalf of the Client, will remain the property of D’casel. The Client may request in writing from D’casel, the necessary permission to use materials (for which D’casel holds the copyright) in forms other than for which it was originally supplied, and D’casel 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 D’casel, the Client grants D’casel permission to use this material freely in the pursuit of the design. Should D’casel, or the Client supply an image, text, audio clip, or any other file for use in business cards, flyers, pamphlets, 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 D’casel to remove and/or replace the file on the site. The Client agrees to fully indemnify and hold D’casel free from harm in any and all claims resulting from the Client not having obtained all the required copyright, and/or any other necessary permissions. Unless otherwise specified all fonts used in any design material supplied by D’casel will remain the property of D’casel.
10. IMAGES
D’casel will attempt to ensure that only royalty-free images are used in custom designs. It is agreed that D’casel, employees, directors, and suppliers, will not be held liable for any damages, costs, and expenses, including reasonable legal fees, arising out of or related issues, copyright, or trademark infringement resulting from images used upon request of the client or provided by the client.
11. PROOFING OF FINAL PROJECT
To limit any possible errors in artwork, designs will not go to production until they have been approved by The Client. D’casel will not be held responsible for errors if the client misses something in the proof, or has reused a printed or digital proof.
12. ALTERATIONS
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 D’casel holds no responsibility for any amendments made by any third party, before or after a design is published.
13. TRAVELLING
Should D’casel need to travel on The Client’s business outside but within the Country and upon The Client’s request, D’casel shall be reimbursed at a “per day” expense per person traveling (in USD). In the event that D’casel is required to travel outside of the Country upon The Client’s request, D’casel shall be reimbursed at a “per day” expense per person traveling of USD 450.
14. LICENSING
Any design, copywriting, drawing, idea, or code created for the Client by D’casel, or any of its contractors, is licensed for use by The Client and may not be modified, in any way or form without the express written consent of D’casel and any of its relevant sub-contractors. All design work where there is a risk that another party makes 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. D’casel will not be held responsible for any and all damages resulting from such claims. D’casel is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold D’casel responsible for any such loss or damage. Any claim against D’casel shall be limited to the relevant fee(s) paid by the Client.
15. DATA FORMATS
The Client agrees to D’casel’s definition of acceptable means of supplying data to the company. Text is to be supplied to D’casel in electronic format as standard text (.txt), MS Word (.doc) on a memory stick, or CD-ROM, or via e-mail. Images that are supplied in an electronic format, are to be provided in a format as prescribed by D’casel via a memory stick, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and D’casel will not be held responsible for any image quality which the client later deems to be unacceptable. D’casel 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.
16. DESIGN PROJECT DURATION
Any indication given by D’casel of a design project’s duration is to be considered by The Client to be an estimation. D’casel cannot be held responsible for any project over-runs, whatever the cause. The estimated project duration should be deemed to be from the date that cleared funds are received by D’casel for the initial payment or by the date confirmed in writing by D’casel.
17. DESIGN PROJECT COMPLETION
D’casel considers the design project complete upon receipt of The Client’s review and formal approval. 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 charge.
18. DEFAULT
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. D’casel shall be considered entitled to remove D’casel and/or The Client 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, business cards, flyers, pamphlets, 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 its obligation to pay the due amount. Client’s whose accounts become default agree to pay D’casel reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.
19. DESIGN CREDITS
The Client agrees to allow D’casel to place a small credit on printed material exhibition displays, advertisements, and/or a link to D’casel’s 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 D’casel to place designs on D’casel’s own website and social media for demonstration purposes and to use any designs in its own publicity. This includes canceled projects and projects not been finalized within an 8-month period.
20. CONFIDENTIALITY AND EXCLUSIVITY
It is D’casel’s duty not to disclose any confidential information of The Client during or after D’casel’s appointment without The Client’s permission. However, this does not apply to the information already in the public domain or which subsequently comes into the public domain. The Client acknowledges that it is D’casel’s right to use any general marketing and advertising intelligence, which D’casel has gained during this appointment. The Client views any breach by D’casel of its confidential business information as serious and reserves the right to enforce the confidentiality of such information by any legal means available to it, including but not limited to, injunctive relief. D’casel agrees not to work with any competitive business without the prior consent of The Client.
21. RIGHTS OF REFUSAL
D’casel will not include in its designs, any text, images, or other data that 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. D’casel also reserves the right to refuse to include submitted material without giving a reason. Any images and/or data that D’casel does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the Client is obliged to allow D’casel to remove the contravention without hindrance, or penalty. D’casel is to be held in no way responsible for any such data being included.
22. TERMINATION
The termination period shall be no less than a thirty (30) day calendar month. The Client agrees to settle D’casel’s dues from the last date of the notice period. Any cancellation must be in writing and must be sent or delivered to D’casel and shall be deemed effective only as of the date received by D’casel. These include a recalculation of the fees based on the new delivery period and the delivered scope of work. All ideas, designs, concepts, original compositions, finished advertisements, radio and television commercials, and all other works and material prepared or acquired by D’casel will be assigned and given to The Client after the termination of the contract and settlement of all payments to D’casel due for services actually performed, and subject to the terms of any license or permission pursuant to which D’casel may have obtained the use of such material and to such material being in the public domain.
23. D’casel STAFF
The Client agrees not to employ D’casel’s personnel during the tenure of the contract and for a subsequent period of two years from the date of its termination.
24. DISCLAIMER
D’casel makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. D’casel will not be held responsible for any and all damages resulting from products and/or services it supplies. D’casel 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 D’casel responsible for any such loss or damage. Any claim against D’casel shall be limited to the relevant fee(s) paid by The Client.
D’casel 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. D’casel will not knowingly perform any actions to contravene these and the client also agrees to be so bound. D’casel 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. D’casel recommends 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.
D’casel 2022.