Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by HOD Agency Inc. (hereinafter referred to as HOD Agency Inc. )
and in the event of any dispute are governed by the laws of California.
All work is carried out by HOD Agency Inc. on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by HOD Agency Inc. on all design work including words, pictures, ideas, visuals, and illustrations unless specifically released in writing and after all, costs have been settled.
If a choice of designs is presented 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 HOD Agency Inc., unless specifically agreed in writing.
Project Acceptance
At the time of proposal, HOD Agency Inc. will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the HOD Agency Inc. website www.houseofdesigners.com.
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 HOD Agency Inc.
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 HOD Agency Inc. Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Design Charges
Charges for design services to be provided by HOD Agency Inc. 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.
Client agrees to pay the fees, in such amount and for such billing frequency as specified during this service agreement. You further agree that, upon subscription for the services, you authorize House of Designers to charge your method of payment (e.g., credit card) for the fee on each payment anniversary date, based upon your billing frequency (e.g., monthly).
Source Files
We will supply proofs and PSD 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, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for Other Services
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.
Payment
The customer will be provided with an Approval Form or Proof Email, and an Invoice before 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 HOD Agency Inc.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment of 5% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer, Check credit card (Visa, Mastercard) or Debit Card.
Publication and/or release of work done by HOD Agency Inc. on behalf of the client, may not take place before cleared funds have been received.
Returned Check will incur an additional fee of $50 per returned Check. HOD Agency Inc. reserves the right to consider an account to be in default in the event of a returned cheque.
Late Payment Penalty
With respect to the unpaid amount of any invoice not paid in full within 10 days of receipt, a finance charge of 5% per month, payable from the date of the invoice to the date payment is received, shall be due and payable to Hod agency inc.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. HOD Agency Inc. shall be entitled to remove HOD Agency Inc‘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 its obligation to pay the due amount.
Customers whose accounts become default agree to pay all HOD Agency Inc. reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images, and other data to HOD Agency Inc. 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 HOD Agency Inc. on behalf of the customer, will remain the property of HOD Agency Inc. and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright 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 HOD Agency Inc. , the necessary permission to use materials (for which HOD Agency Inc. holds the copyright) in forms other than for which it was originally supplied, and HOD Agency Inc. 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 licence fees or fees for upgrades are the responsibility of the client, not HOD Agency Inc.
By supplying images, text, or any other data to HOD Agency Inc. , the customer grants HOD Agency Inc. permission to use this material freely in the pursuit of the design.
Should HOD Agency Inc. , 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 HOD Agency Inc. to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold HOD Agency Inc. 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.
Alterations
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.
The customer also agrees that HOD Agency Inc. holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, drawing, idea or code created for the customer byHOD Agency Inc. , 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 HOD Agency Inc. and any of its relevant sub-contractors.
All design work – where there is a risk that another party 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.
HOD Agency Inc. will not be held responsible for any and all damages resulting from such claims.
HOD Agency Inc. is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold HOD Agency Inc. responsible for any such loss or damage.
Any claim against HOD Agency Inc. shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to HOD Agency Inc’s definition of acceptable means of supplying data to the company.
Text is to be supplied to HOD Agency Inc. in electronic format as standard text (.txt), MS Word (.docx) on CD, or via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by HOD Agency Inc. via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and HOD Agency Inc. will not be held responsible for any image quality which the client later deems to be unacceptable.
HOD Agency Inc. 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, colour correction and alteration of images
Design Project Duration
Any indication given by HOD Agency Inc. of a design project’s duration is to be considered by the customer to be an estimation. HOD Agency Inc. 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 HOD Agency Inc. for the initial payment or by date confirmed in writing by HOD Agency Inc.
Rights of Access for Website Construction
The client agrees to allow HOD Agency Inc. 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 HOD Agency Inc. 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 HOD Agency Inc. 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
HOD Agency Inc. 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, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website design only
HOD Agency Inc. require that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, HOD Agency Inc. will provide the customer with the opportunity to review the resulting work. HOD Agency Inc. 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 HOD Agency Inc. by e-mail.
HOD Agency Inc. will consider that the client 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.
Hosting websites
HOD Agency Inc. offers a limited hosting services through an out-sourced virtual server. HOD Agency Inc. does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
HOD Agency Inc. may request that clients change the type of hosting account used if that account is deemed by HOD Agency Inc. to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on HOD Agency Inc. virtual server are due at the commencement of any period of service and are non-refundable.
Fees due to third party hosting organisations are the responsibility of the client and HOD Agency Inc. are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
Domain Registration
HOD Agency Inc. cannot guarantee the availability of any domain name. Where HOD Agency Inc. is to register a domain name on behalf of a client it will endeavour to do so but the client 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, HOD Agency Inc. 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. HOD Agency Inc. recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
Design Credits
The customer agrees to allow HOD Agency Inc. to place a small credit on printed material exhibition displays, advertisements and/or a link to HOD Agency Inc. 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 HOD Agency Inc. to place websites and other designs, along with a link to the client’s site on HOD Agency Inc’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
HOD Agency Inc. 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. HOD Agency Inc. also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that HOD Agency Inc. does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow HOD Agency Inc. to remove the contravention without hindrance, or penalty. HOD Agency Inc. is to be held in no way responsible for any such data being included.
Retainer Cancellation
The client may cancel the monthly service subscription without penalty by canceling precisely Thirty (30) business days before the next billing cycle. A written notice via electronic mail and followed by a phone call of your intent to cancel, no less than thirty (30) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment.
Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, HOD Agency Inc. will need formal notification in writing to the company’s postal address. 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 of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by HOD Agency Inc. within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Non-Solicitation of Employees
The client shall not, either directly or indirectly (i) solicit for employment by any Person any employees, consultants, independent contractors or other service providers of the Company ,Hod agency Inc. or any of its affiliates or (ii) solicit, canvass, induce or encourage any employee or consultant of the Company, Hod agency Inc. or any of its affiliates to leave the employment or consulting of or cease providing services to the Company, Hod agency Inc. or any of its affiliates.
Disclaimer
HOD Agency Inc. makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. HOD Agency Inc. will not be held responsible for any and all damages resulting from products and/or services it supplies. HOD Agency Inc. is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold HOD Agency Inc. responsible for any such loss or damage. Any claim against HOD Agency Inc. shall be limited to the relevant fee(s) paid by the customer.
HOD Agency Inc. 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. HOD Agency Inc. will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
HOD Agency Inc. and its clients 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. HOD Agency Inc. 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.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. HOD Agency Inc. reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by HOD Agency Inc. , by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.houseofdesigners.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 HOD Agency Inc.
