TERMS AND CONDITIONS
The following Terms and Conditions of Service apply to all products and services provided by Diablos Designs and in the event of any dispute are governed by the laws of England.
All work is carried out by Diablos Designs on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Diablos Designs 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 designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Diablos Designs, unless specifically agreed in writing.
At the time of proposal, Diablos Designs will provide the customer with a written estimate or quotation by email, On the Diablos Designs Customer Relationship Module (Hereinafter Known as CRM). These Terms and Conditions can be read at any time on the Diablos Designs Website.
A copy of the emailed estimate or quotation is to be agreed via 1) Email 2) Accepted on the CRM system 3) Agreed verbally 4) Accepted via an online agreed messenger service (Whatsapp or Facebook messenger). A payment being made on the quotation for the commissioning amount or in full will also constitute the agreement of terms.
Charges for design services to be provided by Diablos Designs 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. Payment terms will be previously agreed within each quotation. Once they payment has been made and work has been started the fee will be non-refundable.
Unless agreed otherwise with the Client, all design services over the cost of £500 will require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or 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.
All amounts lower than £500 will be due as 100% before work commences or first draft is supplied to the client for review.
For other payment terms they will need to be requested prior to commencement of the project and agreed with Diablos Designs.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request (jpg, png, mpeg).
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla, aep or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge and under the acceptance of Diablos Designs.
*Diablos Designs is the creator and owner of the work and holds full intellectual property rights to the design, movie and or website.
CHARGES FOR OTHER SERVICES
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) at the time of estimate or quotation acceptance.
The customer will be provided with an Invoice prior to start and if the total amount of the invoice is less than £500.00 this will be due in full before commencement of work. If the job is over £500 the invoice will be sent out prior to the starting of work and 50 percent will be due before Diablos Designs commences work. The final amount 50 percent will be due before final delivery of work.
Any invoice queries must be submitted by email within 7 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charged at the Bank of England Base Rate plus 4% on the outstanding amount from the date due until the date of payment.
Payments may be made by bank transfer or Paypal using the CRM online form.
We do not accept cheque payments.
Publication and/or release of work done by Diablos Designs on behalf of the client, will not take place before cleared funds have been received unless otherwise agreed. An account shall be considered default if it remains unpaid for 30 days from the date due on the invoice. Diablos Designs shall be entitled to remove Diablos Designs and/or the customer’s material from any and all computer systems, online channels (Social Media) or website, 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 all Diablos Designs reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
COPYRIGHTS AND TRADEMARKS
By supplying text, images and other data to Diablos Designs 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 Diablos Designs on behalf of the customer, will remain the property of Diablos Designs and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from Diablos Designs, the necessary permission to use materials (for which Diablos Designs holds the copyright) in forms other than for which it was originally supplied, and Diablos Designs may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not Diablos Designs.
By supplying images, text, or any other data to Diablos Designs, the customer grants Diablos Designs permission to use this material freely in the pursuit of the design.
Should Diablos Designs, 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 Diablos Designs to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Diablos Designs 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 in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that Diablos Designs 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 Diablos Designs, 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 Diablos Designs 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.
Diablos Designs will not be held responsible for any and all damages resulting from such claims.
Diablos Designs is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Diablos Designs responsible for any such loss or damage.
Any claim against Diablos Designs shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Diablos Designs definition of acceptable means of supplying data to the company.
Text is to be supplied to Diablos Designs in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Diablos Designs via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Diablos Designs will not be held responsible for any image quality which the client later deems to be unacceptable.
Diablos Designs 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, colour correction and alteration of images.
DESIGN PROJECT DURATION
Any indication given by Diablos Designs of a design project’s duration is to be considered by the customer to be an estimation. Diablos Designs 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 Diablos Designs for the initial payment or by date confirmed in writing by Diablos Designs.
RIGHTS OF ACCESS FOR WEBSITE CONSTRUCTION
The client agrees to allow Diablos Designs 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 customer also agrees to allow Diablos Designs 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 customer agrees to supply Diablos Designs with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
DESIGN PROJECT COMPLETION
Diablos Designs considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. 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.
SOCIAL MEDIA ARTWORK
Due to the nature of social media and longevity of how long social media posts will stay on a system all posts can remain live indefinitely unless specifically requested by Diablos Designs to be taken down. If Diablos Designs does request a client to take down the design, they will need to be removed from source with immediate effect (7 days from request date).
Any artwork used in the social media post created by Diablos Designs cannot be used by the client or any third-party as all artwork remains the intellectual property of Diablos Designs.
If you wish to use the artwork and require the source file you will need to pay a source file release fee. This will provide you with the written permission from Diablos Designs to be able to use the artwork.
WEBSITE DESIGN ONLY
Diablos Designs require that a template or new design is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, Diablos Designs will provide the customer with the opportunity to review the resulting work. Diablos Designs will make one set of minor changes at no extra cost within 14 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, colour schemes or any navigation features. Any minor changes can be notified to Diablos Designs by e-mail and telephone. Diablos Designs will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Please see our full hosting terms and conditions section here: https://diablosdesigns.co.uk/hosting-policy/
Diablos Designs cannot guarantee the availability of any domain name. Where Diablos Designs is to register a domain name on behalf of a client it will endeavour 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, Diablos Designs 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. Diablos Designs recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
The customer agrees to allow Diablos Designs to place a small credit on printed material exhibition displays, advertisements and/or a link to Diablos Designs own website on the customer’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 customer also agrees to allow Diablos Designs to place websites and other designs, along with a link to the client’s site on Diablos Designs own website for demonstration purposes and to use any designs in its own publicity and portfolios.
RIGHTS OF REFUSAL
Diablos Designs 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. Diablos Designs also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Diablos Designs Design does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Diablos Designs to remove the contravention without hindrance, or penalty. Diablos Designs 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, Diablos Designs 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 Diablos Designs within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Diablos Designs makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Diablos Designs will not be held responsible for any and all damages resulting from products and/or services it supplies. Diablos Designs 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 Diablos Designs responsible for any such loss or damage. Any claim against Diablos Designs shall be limited to the relevant fee(s) paid by the customer.
Diablos Designs 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. Diablos Designs will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Diablos Designs 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. Diablos Designs 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. Diablos Designs 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 AND QUOTATION
The placement of an order for design and/or any other services offered by Diablos Designs, by email, messenger services, text, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.diablosdesigns.co.uk.
A quotation does not have to be signed by person to be accepted as any form of acceptance to the quotation such as a payment, written email accepting the quotation or a text message (messenger, whatsapp) agreeing to the quotation in question is deemed as an acceptance.
Written in July 2023 by: Diablos Designs. (England and Wales). Registered office address: 1 Carling Close, Shrewsbury, Shropshire SY1 3RT