Terms and Conditions.
Really important and worth reading.
We work well with our clients because our relationships are based on honesty and trust, but all work needs guidance in the form of terms and conditions. Here is ours, fairly straight-forward English.
Please do read them – it’s important that you know what we charge for and why we charge it.
If you have any questions, please do ask immediately.
The following Terms and Conditions of Service apply to all products and services provided by Vizonik Digital and in the event of any dispute are governed by the laws of India.
All work is carried out by Vizonik Digital on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Vizonik Digital on all design work including words, pictures, ideas, visuals, and illustrations unless specifically released in writing and after all costs have been settled.
At the time of the proposal, Vizonik Digital will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Vizonik Digital website.
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 Vizonik Digital.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the Vizonik Digital Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Charges for design services to be provided by Vizonik Digital 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 payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services 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.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, fla or other source files or raw code, if the Client requires these files for transfer to an in-house or other designers, they will be subject to a separate quotation or ‘buy-out’ charge.
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 Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to Vizonik Digital.
Any invoice queries must be submitted or asked by email or call within 7 days of the invoice date.
Payments may be made by online transfer, UPI, Credit Card or Debit Card.
Publication and/or release of work done by Vizonik Digital on behalf of the client, may not take place before cleared funds have been received.
By supplying text, images and other data to Vizonik Digital for inclusion in the customer’s website or another 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 Vizonik Digital on behalf of the customer, will remain the property of Vizonik Digital and/or its suppliers unless otherwise agreed in writing. A license for use of the copyrighted 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 Vizonik Digital, the necessary permission to use materials (for which Vizonik Digital holds the copyright) in forms other than for which it was originally supplied, and Vizonik Digital 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 license fees or fees for upgrades are the responsibility of the client, not Vizonik Digital.
By supplying images, text, or any other data to Vizonik Digital, the customer grants Vizonik Digital permission to use this material freely in the pursuit of the design.
Should Vizonik Digital, 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 Vizonik Digital to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Vizonik Digital 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.
Only two (2) revisions are free on the final copy of Creative, more than that will be liable to a separate charge.
The customer also agrees that Vizonik Digital 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 Vizonik Digital, 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 Vizonik Digital and any of its relevant sub-contractors.
All design work – where there is a risk that another party makes 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.
Vizonik Digital will not be held responsible for any and all damages resulting from such claims.
Any claim against Vizonik Digital shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Vizonik Digital’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Vizonik Digital in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
Images that are supplied in an electronic format are to be provided in a format as prescribed by Vizonik Digital via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Vizonik Digital will not be held responsible for any image quality which the client later deems to be unacceptable.
Vizonik Digital 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, color correction and alteration of images or creatives.
Vizonik Digital 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, film work, website uploading, publishing, etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Vizonik Digital 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. Vizonik Digital also reserves the right to refuse to include submitted material without giving a reason. In the situation where any images and/or data that Vizonik Digital does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Vizonik Digital to remove the contravention without hindrance, or penalty. Vizonik Digital is to be held in no way responsible for any such data being included.
Cancellation of orders may be made by telephone contact or e-mail. 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 amount due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Vizonik Digital within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
The placement of an order for design and/or any other services offered by Vizonik Digital, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.vizonik.com.
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, 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 signatory and Vizonik Digital.