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Terms and Conditions

The legal bit...

The following conditions of trading will apply to all contracts made in writing or verbally for sale, supply and delivery/collection of services and materials by Imaro Design. Any variation or modification of the conditions of trading must be made in writing and agreed by Imaro Design. Orders are accepted on the understanding that the client accepts these conditions of trading.
In this document the term online media is used to simplify the text. This refers to all online content created by Imaro Design, including but not limited to, web pages, Adobe Flash©, online video.

1. Estimate
2. Quotation
3. Author's Corrections
4. Copyright/Ownership
5. Experimental Works
6. Production Schedules
7. Liability
8. Accounts
9. Retention of Title (Non Payment)
10. Search Engine Status
11. Hosting and Domain Registration
12. Cancellations, Returns and Minimum Contracts

1. Estimate  Return To Top

Estimates are based on upon anticipated hours of work and cost of materials and supplies necessary to produce work and are not binding until a firm quotation has been issued.

2. Quotation  Return To Top

A quotation is firm unless otherwise specified. If changes occur in the cost of materials, labour or other costs prior to acceptance, the right is reserved to change the price quoted.

3. Author's Corrections  Return To Top

Author's corrections are incurred by a client when a change is made to: approved layout, approved manuscript, mechanicals, or disk produced correctly or any new work not within the original specifications.

4. Copyright/Ownership  Return To Top

Creative work such as sketches, illustrations, layouts, designs, icons, logos, etc produced on paper, computer disks or any other medium are protected from the moment they are created, under the 1976 copyright act. Until Imaro Design transfers ownership rights in writing, all creative work remains the property of Imaro Design.

5. Experimental Works  Return To Top

Experimental work performed at the clients request will be charged at current rates and may not be used by you[the client] until Imaro Design has been reimbursed in full for the work performed.

6. Production Schedules  Return To Top

Production schedules will be established and adhered to by you [the client] and Imaro Design, providing that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, labour trouble, strikes, accidents, energy failure, equipment breakdown, delays of suppliers or carriers, action of government or civil authority and acts of God or other causes beyond the control of you [the client] and Imaro Design. Where production schedules are not adhered to by the client, final delivery dates will be subject to negotiation and costs may be incurred if third parties are involved such as printing, distribution etc.

7. Liability  Return To Top

The ultimate proofing prior to printing is always your [the clients] responsibility.
Any content or copyright liability, either pre-empted or arising, will at all times remain the sole responsibility of you [the client]
The ultimate responsibility for all content created in your [the clients] name remains with you [the client]

8. Accounts  Return To Top

Unless expressly stated elsewhere all projects are delivered and invoiced on 30 days payment terms. We will invoice for the work on delivery before the modification groups are started.
Any printing, hosting or domain names must be paid for prior to printing.
For work over £1000 a 10% deposit will be required, and for work over £3000 a 20% deposit will be required. All required deposit payments must be provided along with all signed documentation before work can begin.
Credit or other terms may be extended at the discretion of Imaro Design, full conditions will be included if alternative terms are offered.

9. Retention of Title (Non Payment)  Return To Top

Whilst all or any part of the sum or sums due to Imaro Design remain outstanding then the ownership of and title to artwork and/or printed matter supplied by Imaro Design to you [the client], shall at all times be and remain with Imaro Design who retains all rights to deal with and/or dispose of the artwork and/or printed matter in any manner whatsoever.
In the even of non or incomplete payment with regards to online media, Imaro Design reserve the right to remove or "take offline" any media still in our ownership without warning. Whilst said media is offline Imaro Design accept neither responsibility nor liability for the integrity or protection of the data.

10. Search Engine Status  Return To Top

During the creation of your [the clients] online media, every effort will be taken to provide a search engine friendly end product. However, unless a search engine optimisation package is purchased at the same time as the online media, we offer no guarantee on position or inclusion in any search engine.
If a search engine optimisation package is purchased at the same time as the online media we offer a guarantee specific to the package. This guarantee is invalidated if, at your [the clients] request, excessive use of dynamic content is present. The definition of dynamic content includes, but is not limited to, Macromedia Flash©, JavaScript, database driven content and XML.

11. Hosting and Domain Registration  Return To Top

You [the client] remain responsible for confirming that any domain name registered to yourself [the client] is not an infringement of copyright, trade mark or patent name.
You [the client] remain at all times responsible for the content hosted under your [the clients] domain. Our terms prohibit you [the client] from hosting, storing, displaying or linking to pornographic, defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website.
You [the client] must also not use the hosting or services provided by Imaro Design for purposes known as Spamming or similar abuse.
If we [Imaro Design] deem these terms to have been broken, we reserve the right to remove your account and files without prior warning and dispose of the content as appropriate. In the case of unlawful content, the relevant authorities will always be contacted and information provided at their request.

12. Cancellations, Returns and Minimum Contracts  Return To Top

No refunds or cancellation of payment will be offered on non-faulty goods.
If goods, including printed, are deemed by you [the client] to be anything less than satisfactory, steps will be taken (in conjuction with our [Imaro Design] suppliers where neccessary) to provide satisfactory replacements. Where this is not possible suitable re-imbursement will be discussed.
Domain names purchased through Imaro Design are to be paid for annually, starting at the beginning of the contract. All domains are purchased on a two[2] year minimum contract.
Hosting plans carry a minimum contract of twelve[12] months, and are paid annually in advance. Cancellation of the service during this minimum contract term, for any reason other than that of our [Imaro Design] fault, will not be eligable for a refund.