Terms

The following Terms and Conditions of Service apply to all products and services provided by JEV Marketing & Communications.

All work is carried out by JEV Marketing & Communications on the understanding that the client has agreed to JEV Marketing & Communication’s terms and conditions.

Copyright is retained by JEV Marketing & Communications 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 design is presented, only one solution is deemed to be given by JEV Marketing & Communications as fulfilling the contract. All other designs remain the property of JEV Marketing & Communications, unless agreed in writing that this arrangement has been changed.

PROJECT ACCEPTANCE

At the time of proposal, JEV Marketing & Communications will provide the client with a written estimate or proposal.

The Terms and Conditions can be read on JEV Marketing & Communications’ website.

A copy of the written estimate or proposal is to be signed and dated by the client to indicate acceptance and should be returned to JEV Marketing & Communications. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept JEV Marketing & Communications’ terms and conditions. No work on a project will commence until either document has been received by JEV Marketing & Communications.

PAYMENT

“The Client” agrees to pay a deposit of the quoted amount to commence any design project, with the balance payable based on project scope. In the case of a change of mind by “The Client” this deposit is non-refundable. JEV endeavours to provide graphic and web design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial deposit is forfeited, plus a prorated payment based upon the time spent will be billed.

If the work time exceeds 4 calendar weeks in duration, “The Client” agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.

All printing accounts must be settled in full prior to the release of the files to the printer.

The client will be provided with an Approval Form and/or Review of the work provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the client will also be required to sign and submit the Approval Form to JEV Marketing & Communications. Accounts which remain outstanding for 30 days after

The date of invoice, will incur an extra charge of 2% per month of the outstanding amount.

Payments may be made by cash, check, Major Credit Card, or Money Order and/or previously agreed electronic funds transfer.

Publication and/or release of work done by JEV Marketing & Communications on behalf of the client, may not take place before cleared funds have been received.

Returned checks will incur an additional fee of $50 per returned check. JEV Marketing & Communications reserves the right to consider an account to be in default in the event of a returned check.

DESIGN CHARGES

Charges for design services to be provided by JEV Marketing & Communications, will be set out in the written estimate

or quotation that is provided to the client. At the time of the client’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 JEV Marketing & Communications has received this amount.

CHARGES FOR OTHER SERVICE

Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

EXCESS WORK

This is defined as any work involving additions to the list of items defined in the Project Proposal or changes to all pieces of finished artwork after sign off by an authorised representative of “The Client”.

From time to time “The Client” will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a charge, based on our fee schedule will be payable per hour.

Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.

Publication and/or release of work performed on behalf of the client by JEV Marketing & Communications may not take place before cleared funds have been received.

Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.

FORCE MAJEURE

JEV shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of JEV Marketing & Communications including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

PRINT - COLOUR VARIATIONS

With all printing there may be some colour variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of JEV Marketing & Communications.

DEFAULT

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. JEV Marketing & Communications shall be considered entitled to remove JEV Marketing & Communications and/ or the client’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, business cards, flyers, pamphlets, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the client of it’s obligation to pay the due amount. Clients whose accounts become default agree to pay JEV Marketing & Communications reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

ALTERATIONS

The client 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 client also agrees that JEV Marketing & Communications holds no responsibility for any amendments made by any third party, before or after a design is published.

If a choice of design is presented, only one solution is deemed to be given by JEV Marketing & Communications as fulfilling the contract. All other designs remain the property of JEV Marketing & Communications, unless agreed in writing that this arrangement has been changed.

LICENSING

Any design, copywriting, drawing, idea or code created for the client by JEV Marketing & Communications, 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 JEV Marketing & Communications 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. JEV Marketing & Communications will not be held responsible for any and all damages resulting from such claims. JEV Marketing & Communications is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold JEV Marketing & Communications responsible for any such loss or damage. Any claim against JEV Marketing & Communications shall be limited to the relevant fee(s) paid by the client.

DATA FORMATS

The client agrees to JEV Marketing & Communications’ definition of acceptable means of supplying data to the company.

Text is to be supplied to JEV Marketing & Communications in electronic format as standard text (.txt), MS Word (.doc) on USB flash drive, or CD-ROM, or via e-mail.

Images which are supplied in an electronic format, are to be provided in a format as prescribed by JEV Marketing & Communications via flash drive, CD-ROM, FTP, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and JEV Marketing & Communications will not be held responsible for any image quality which the client later deems to be unacceptable. JEV Marketing & Communications 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.

DESIGN PROJECT DURATION

Any indication given by JEV Marketing & Communications of a design project’s duration is to be considered by the client to be an estimation. JEV Marketing & Communications 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 JEV Marketing & Communications for the initial payment or by date confirmed in writing by JEV Marketing & Communications.

RIGHTS OF ACCESS FOR WEBSITE CONSTRUCTION

The client agrees to allow JEV Marketing & Communications 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 client also agrees to allow JEV Marketing & Communications 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 client agrees to supply JEV Marketing & Communications 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

JEV Marketing & Communications considers the design project complete upon receipt of the client’s Review and signed Approval form. Other services such as printing, display panel production, film work, website uploading, publishing etc., either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

WEBSITE DESIGN

Only once web design is complete, JEV Marketing & Communications will provide the client with the opportunity to review the resulting work. JEV Marketing & Communications 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 JEV Marketing & Communications by e-mail or fax and confirmed by post.

JEV Marketing & Communications will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.

HOSTING WEBSITES

JEV Marketing & Communications offers hosting services. It is with this consideration in mind that we recommend that any site design and built by JEV also be hosted with us. Under such hosting standards we will guarantee smooth and continuous site availability with virtually no down time outside of scheduled server maintenance. Should a client insist on using an outside source for hosting JEV Marketing & Communications is released from all guarantees of website functionality, reliability and operational integrity unless the project is otherwise reviewed ahead of launch and specific parameters can be met by the hosting agency in question.

DOMAIN REGISTRATION

JEV Marketing & Communications cannot guarantee the availability of any domain name. Where JEV Marketing & Communications 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, JEV Marketing & Communications 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.

DESIGN CREDITS

The client agrees to allow JEV Marketing & Communications to place a link to JEV Marketing & Communications’ own website on the client’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 client also agrees to allow JEV Marketing & Communications to place websites and other designs, along with a link to the client’s site on JEV Marketing & Communications’ own website for demonstration purposes and to use any designs in its own publicity.

RIGHTS OF REFUSAL

JEV Marketing & Communications 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. JEV Marketing & Communications also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that JEV Marketing & Communications does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow JEV Marketing & Communications to remove the contravention without hindrance, or penalty. JEV Marketing & Communications is to be held in no way responsible for any such data being included.

COPYRIGHTS AND TRADEMARKS

By supplying text, images and other data to JEV Marketing & Communications for inclusion in the client’s business cards, flyers, pamphlets, website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by JEV Marketing & Communications on behalf of the client, will remain the property of JEV Marketing & Communications and/or it’s suppliers.

The client may request in writing from JEV Marketing & Communications, the necessary permission to use materials

(for which JEV Marketing & Communications holds the copyright) in forms other than for which it was originally supplied, and JEV Marketing & Communications may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to JEV Marketing & Communications, the client grants JEV Marketing &

Communications permission to use this material freely in the pursuit of the design.

Should JEV Marketing & Communications, or the client supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, 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 client will agree to allow JEV Marketing & Communications to remove and/or replace the file on the site.

The client agrees to fully indemnify and hold JEV Marketing & Communications free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.

CANCELLATION

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, JEV Marketing & Communications 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 JEV Marketing & Communications within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

DISCLAIMER

JEV Marketing & Communications makes no warranties of any kind, express or implied, for any and all products and/ or services that it supplies. JEV Marketing & Communications will not be held responsible for any and all damages resulting from products and/or services it supplies. JEV Marketing & Communications 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 client agrees not to hold JEV Marketing & Communications responsible for any such loss or damage. Any claim against JEV Marketing & Communications shall be limited to the relevant fee(s) paid by the client.

JEV Marketing & Communications 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. JEV Marketing & Communications will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

JEV Marketing & Communications 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. JEV Marketing & Communications 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.

PRINT RETURNS AND REFUNDS

It is agreed that the JEV Marketing & Communications is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing), committed to print or posted in view of the public. JEV will not be held responsible for any changes or amendment made after approval. It is the sole responsibility of the client to notify JEV of any such errors during the revision cycle and before the final files have been generated.

In the event of a need to reprint due to errors in content, the client must inform JEV Marketing & Communications within

3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment. As with all print projects, payment for re-printed project MUST be prepaid.

GENERAL

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. JEV Marketing & Communications reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

ACCEPTANCE OF QUOTATION AND TERMS AND CONDITIONS

The placement of an order for design and/or any other services offered by JEV Marketing & Communications and validated by the client’s signature on the estimate or quotation form, 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 JEV Marketing & Communications.