The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Imax Design Ltd.
All design work is carried out by Imax Design Ltd on the understanding that the client has agreed to abide by Imax Design Ltd’s terms and conditions.
Copyright of all graphic design work is retained by Imax Design Ltd including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by Imax Design Ltd as fulfilling the contract. All other artwork designs remain the property of Imax Design Ltd, unless agreed in writing.
At the time of proposal, Imax Design Ltd will provide the customer with a written estimate or quotation by email as requested.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Imax Design Ltd by email. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Imax Design Ltd’s terms and conditions. No work on a project will commence until either document has been received by Imax Design Ltd .
Fees for design services to be provided by Imax Design Ltd, 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, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Imax Design Ltd has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design, will be made known to the client. They will become fully payable at the time of project acceptance.
The client will be asked to provided artwork sign off before being issued with an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the due date of invoice will be issued a legal notice.
Payments may be made by Bacs, cheque, or previously agreed electronic funds transfer.
Returned cheques will incur an additional fee of £30 per returned cheque. Imax Design Ltd reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the due date of invoice, or following a returned cheque. Imax Design Ltd shall be considered entitled to remove Imax Design Ltd’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 Imax Design Ltd reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Imax Design Ltd for inclusion in the customer’s brochure 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 Imax Design Ltd on behalf of the customer, will remain the property of Imax Design Ltd and/or it’s suppliers, in which full copyright will be passed to the client upon receipt of full payment.
By supplying images, text, or any other data to Imax Design Ltd, the customer grants Imax Design Ltd permission to use this material freely in the pursuit of the design and to utilise the designs in Imax Design Ltd’s portfolio unless agreed otherwise.
Should Imax Design Ltd , 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 Imax Design Ltd to remove and/or replace the file.
The customer agrees to fully indemnify and hold Imax Design Ltd 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 Imax Design Ltd 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 Imax Design Ltd, or any of it’s 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 Imax Design Ltd and any of it’s relevant sub-contractors.
All design work where there is a risk that another party may 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. Imax Design Ltd will not be held responsible for any and all damages resulting from such claims. Imax Design Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Imax Design Ltd responsible for any such loss or damage. Any claim against Imax Design Ltd shall be limited to the relevant fee(s) paid by the customer.