Terms and Conditions
General
The following Terms and Conditions apply to all services provided by Studio K.
By using the site and our services, you agree to be bound by these Terms and Conditions.
These Terms and Conditions supersede all prior agreements and (together with the Privacy Statement) are complete and exclusive.
No addition, amendment or modification of these Terms and Conditions shall be effective, unless in writing and signed or accepted by us.
All work carried out by Studio K is on the understanding that you have agreed to our Terms and Conditions.
All information disclosed by you will be kept strictly confidential.
Studio K reserves the right to change any of the Terms and Conditions at any time and without prior notice.
Project Acceptance
At the time of enquiry, Studio K will provide you with a written quotation by email.
You must acknowledge in writing, the acceptance of the quotation before work can begin.
Design Charges and Deposit Policy
Charges for design services to be provided by Studio K will be set out in the written quotation that is provided to you. At the time of your acceptance of this quotation, indicating acceptance of the Terms and Conditions, an invoice will be issued to you and a non-refundable payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with you, all design services require an advance payment of a minimum of 50% of the quoted fee before work commences. The remaining 50% of the quoted fee will be due upon final completion of the work, before final files are released/work is published.
Rush Fees and Premiums
Rush fees will apply to work briefed and required for completion the same or next day. A rush fee may also apply to delivery of completed work within the same week, where the scope of work exceeds the amount of studio time available. Furthermore, any work you may require to be carried out on a Saturday or Sunday, will be charged at a premium rate.
Third Party License
Third party licence is not included in the quotation and any additional fee for purchasing licenses on your behalf (i.e. stock imagery and fonts), will be added to your final invoice.
Payment
Payments may be made by online bank transfer.
Payment Terms
If an invoice remains unpaid for 30 days following the issue date of the final invoice, your account will become default and a late payment fee (an additional 20% of the total invoice amount) will apply.
Studio K are entitled to remove Studio K’s and/or your material from any and all places of publication and retain the release of final files until the amount due has been fully paid.
Removal of such materials does not relieve you of your obligation to pay the due amount. Accounts that remain default will be liable to pay all Studio K’s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Scope of Work
The scope of work, including final deliverables and file types, will be detailed in the invoice.
Amendments and Additional Charges
Amendments and additional services, required over and above the outlined and agreed initial scope of work will incur an extra charge.
If you make changes to the original brief, after work has commenced, you will be liable to a separate charge.
Studio K holds no responsibility for any amendments made by any third party, before or after final files are released to you/work is published.
Timeline and Deadlines
The timeline, key dates and deadlines will be agreed with you, prior to work commencing.
Deliverables
Final deliverables/published work is released to you as file types/formats agreed in accordance with the scope of work.
File Types and Source Files
We will supply files to you/publish work as appropriate to fulfil your brief. These will be outlined in the scope of work.
Charges for design work do not cover the release of our copyright design source/ native files, including but not restricted to PSD, AI, INDD; if you require these files, they will be subject to a separate ‘buy-out’ charge (an additional 3x the total invoice amount), unless otherwise agreed.
File Storage and Publication
Studio K holds no responsibility for loss of published data/content or files, before or after final release/ hand over of completed services to you.
Studio K will archive your source files for a minimum of 3 years.
Copyrights, Trademarks and Liability
Copyright is retained by Studio K for all design work, including but not limited to words, pictures, ideas, visuals and illustrations, unless specifically released in writing and after all costs have been settled.
If a choice of designs are presented to you 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 Studio K, unless specifically agreed in writing, therefore you are not permitted to use them.
By supplying text, images and other data to Studio K for inclusion in your design, you declare that you hold the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with you, or the rightful copyright or trademark owner.
By supplying images, text, or any other data to Studio K, you grant Studio K permission to use this material freely in the pursuit of the project.
Should Studio K, or you, supply an image, text or any other file for use in a project, believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, you agree to allow Studio K to remove and/or replace the file with immediate effect.
It is your responsibility to legally check brand names and existing trademarks for potential breach.
You agree to fully indemnify and hold Studio K free from harm in any and all claims resulting from not having obtained all the required copyright, and/or any other necessary permissions.
Licensing
Any design, writing, idea, image or asset created for you by Studio K, is licensed for use by you 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 Studio K. All design work – where there is a risk that another party may make a claim, should be registered by you with the appropriate authorities prior to publishing.
Studio K will not be held responsible for any and all damages resulting from such claims. Studio K is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. You agree not to hold Studio K responsible for any such loss or damage.
Images and Stock Photographs
We work with our own supplier of stock images and fees may apply in specific cases (non royalty-free, large quantity requests, special licensing for distribution, etc). You will be advised of these fees, if they apply to your project.
If you supply images, they must be of a quality suitable for use without any subsequent image processing, and Studio K will not be held responsible for any image quality which you later deem to be unacceptable. If image processing is required, you will be notified and an additional service charge will apply.
Fonts
We work with our own supplier of fonts. You will need to purchase your own font license, in the case that they are not standard, or free for commercial use.
Rights of Refusal
Studio K will not include any text, images or other data which we deem to be immoral, offensive, obscene or illegal. In the situation where any images and/or data that Studio K does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, will require you to allow us to remove the contravention without hindrance, or penalty. Studio K is to be held in no way responsible for any such situation.
Content Distribution
You may not distribute, display or copy any material from this site to third parties including (but not limited to) ‘caching’ any material from this site for access by third parties, or ‘mirroring’ any material on this site.
You must ensure that your use of the site and of any material is in no way unlawful, and you will fully indemnify us against any liability we may incur as a result of any use by you which is unlawful, or of which is in breach of these terms.
Third Party Printers
We work with third party printers that we trust and are affiliated with. In the rare case that there is a printing issue, we will work with the printers to get it resolved, but any costs incurred will not be at the expense of Studio K.
Portfolio and Website Credit
We reserve the right to add and share work we complete for you, to our website, social media accounts and portfolio.
Cancellation
Cancellation of work must be given in writing, via email. You will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of quotation agreement. The balance of monies due must be paid within 30 days. If the balance is not paid within this time frame, then you will be liable to pay the full, quoted amount.
Disclaimer
Studio K makes no warranties of any kind, express or implied, for any and all services that we supply or recommend. Studio K will not be held responsible for any and all damages resulting from our services. Studio K is not responsible for any loss, or consequential loss of data, or non-delivery of services, of whatever cause.
Studio K reserves the right to use the services of printers, sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Studio K will not knowingly perform any actions to contravene these and so, you also agree to be bound.