The following Terms and Conditions of Service apply to all products and services provided by Arthouse.
All work is carried out by Arthouse on the understanding that the customer has agreed to Arthouse's terms and conditions.
Copyright is retained by Arthouse on all design work including words, pictures, ideas, visuals and illustrations (unless specifically released in writing) until all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by Arthouse as fulfilling the contract. All other designs remain the property of Arthouse, unless agreed in writing that this arrangement has been changed.
All design work is chargeable. Arthouse does not engage in speculative work and will not honour any requests for same (see www.no-spec.com for more information about spec work). We have provided an extensive public portfolio, making it easy for potential clients to judge whether the style and quality of design offered by Arthouse is a good fit for their organisation. The quotation assumes a reasonable average number of revisions per design item, but on very rare occasion a project arises in which the Client requests an unusually large number of drafts or revisions. Any and all revisions will still incur the hourly rate as noted on the project quotation, and the Client confirms that any revisions or additions they request will incur this cost.
At the time of proposal, Arthouse will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Arthouse's website.
Subsequent instructions to commence work received either verbally or via electronic mail or via an official order in reply to the estimate or quotation will indicate aceptance of the estimate or quotation and will bind the customer to accept Arthouse's terms and conditions. No work on a project will commence until instruction has been received by Arthouse.
Design Charges - new customers
Charges for graphic design services to be provided by Arthouse, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's written 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 Arthouse has received this amount.
Charges for web design services to be provided by Arthouse, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's written acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 25% of the quoted fee will become immediately due. Work on the project will not commence until Arthouse has received this amount. 25% will be due when the website design has been approved, prior to website build. The balance of 50% will become due when the site is completed and becomes live or is made publically accessible.
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.
All invoices issued by Arthouse are due for payment within 30 days of the invoice date unless otherwise stated on the invoice. Payments shall be deemed to have been made on the date on which Arthouse's account is credited.
Payments may be made by cash, cheque, or (for overseas customers), Pound Sterling International Money Order or previously agreed electronic funds transfer.
Publication and/or release of work produced by Arthouse on behalf of the customer, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of £50 per returned cheque. Arthouse reserves the right to consider an account to be in default in the event of a returned cheque.
We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Arthouse shall be considered entitled to remove Arthouse's 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 it's obligation to pay the due amount. Customers whose accounts become default agree to pay Arthouse reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
A project shall be considered abandoned after 60 consecutive days wherein Arthouse has received no response, contact or activity from the client. Should a client abandon a project where the time worked exceeds that covered by any deposits paid, the client will receive an invoice for the difference (plus expenses, if applicable). In all abandoned projects, deposits are forfeit without option for reclamation. Any renewal of the project after termination will require a new agreement, fee schedule and deposit. Abandoned projects with funds owing are subject to an accellerated collections policy, and will be submitted to a third-party collections agency if not paid or addressed within 30 days.
Copyrights and Trademarks
By supplying text, images and other data to Arthouse 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 Arthouse on behalf of the customer, will remain the property of Arthouse and/or it's suppliers.
The customer may request in writing from Arthouse, the necessary permission to use materials (for which Arthouse holds the copyright) in forms other than for which it was originally supplied, and Arthouse may, at it's 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 Arthouse, the customer grants Arthouse permission to use this material freely in the pursuit of the design.
Should Arthouse, 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 Arthouse to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Arthouse 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 Arthouse holds no responsibility for any amendments made by any third party, before or after a design is published.
All design work- where there is a risk that another party make a claim, should be registered by the customer with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Arthouse will not be held responsible for any and all damages resulting from such claims. Arthouse is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Arthouse responsible for any such loss or damage. Any claim against Arthouse shall be limited to the relevant fee(s) paid by the customer.
The customer agrees to Arthouse's definition of acceptable means of supplying data to the company.
Text is to be supplied to Arthouse in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Arthouse via CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Arthouse will not be held responsible for any image quality which the customer later deems to be unacceptable. Arthouse cannot be held responsible for the quality of any images which the customer 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.
Liability for Printed Matter
Once approval has been given for artwork to be printed, either verbally or in writing, the customer assumes all responsibility for the accuracy of the content of the printed material. Arthouse cannot be held responsible for any errors or losses incurred therefrom, or for the cost of any reprint to correct errors.
Design Project Duration
Any indication given by Arthouse of a design project's duration is to be considered by the customer to be an estimation. Arthouse 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 Arthouse for the initial payment or by date confirmed in writing by Arthouse.
Rights of Access for Website Construction
The customer agrees to allow Arthouse 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 Arthouse 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 Arthouse 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
Arthouse considers the design project complete upon receipt of the customer's signed Approval form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the customers behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Once web design is complete, Arthouse will provide the customer with the opportunity to review the resulting work. Arthouse 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 Arthouse by e-mail or fax and confirmed by post.
Arthouse will consider that the customer 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.
Arthouse does not offer in-house hosting services. Arthouse can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Arthouse may request that customers change the type of hosting account used if that account is deemed by Arthouse to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organisation are the responsibility of the customer and Arthouse are not liable for their payment.
Arthouse cannot guarantee the availability of any domain name. Where Arthouse is to register a domain name on behalf of a customer it will endeavour to do so but the customer 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, Arthouse 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.
While Arthouse will make every effort to build a secure website, malicious attacks including hacking and SQL injections whilst rare are sometimes unavoidable. Arthouse will undertake to remedy such attacks through the removal of malicious code and Google site resubmission, free of charge without prejudice, if an attack is discovered. However, Arthouse does not undertake to monitor websites on behalf of a customer unless a specific paid arrangement has been entered into. Arthouse is not liable for any loss or damage, including but not exclusively loss of sales or reputation due to malicious attacks or site downtime that may have arisen.
The customer agrees to allow Arthouse to place a small credit on printed material, exhibition displays, advertisements and/or a link to Arthouse's 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 Arthouse to place websites and other designs, along with a link to the customer's site on Arthouse's own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
Arthouse 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. Arthouse also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Arthouse does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Arthouse to remove the contravention without hindrance, or penalty. Arthouse 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, Arthouse will need formal notification in writing to the company's postal address. The customer 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 Arthouse within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Arthouse makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Arthouse will not be held responsible for any and all damages resulting from products and/or services it supplies. Arthouse is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take resonable steps to investigate the materials we recommend, we accept no responsibility for the performace or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Arthouse responsible for any such loss or damage. Any claim against Arthouse shall be limited to the relevant fee(s) paid by the customer.
Arthouse 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. Arthouse will not knowingly perform any actions to contravene these and the customer also agrees to be so bound.
Arthouse and its customers 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. Arthouse 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. Arthouse reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Arthouse either verbally or in writing, including via electronic mail, by the customer or agent of the customer, or validated by the customer's purchase order, 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 customer and Arthouse.