Really Important & Worth Reading…
We work well with our clients because our relationships are based on honesty and trust, but all work needs guidance in the forma of terms and conditions. Here are ours, drafted by a lawyer of course, but still in fairly straight-forward English.
Please do read them – it’s important that you know what we charge for and why we charge it, why certain copyright files are not released by us and also what charges you might incur for late payment, additional work or copyright releases.
If you have any questions, please do ask immediately. Thank You.
Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by BE Design (hereinafter referred to as BE Design) and in the event of any dispute are governed by the laws of Malaysia.
All work is carried out by BE Design on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by BE Design 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 BE Design, unless specifically agreed in writing.
Project Acceptance
At the time of proposal, BE Design will provide the customer with a written estimate or quotation via email. These Terms and Conditions can be read at any time on the BE Design website at www.bedesign.com.my.
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 BE Design.
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 BE Design 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 BE Design 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 send to client or release of materials.
Source Files
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, Png, 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 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 BE Design.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer.
Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery.
Publication and/or release of work done by BE Design on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of RM50 per returned cheque. BE Design reserves the right to consider an account to be in default in the event of a returned cheque.
Copyrights and Trademarks
By supplying text, images and other data to BE Design for inclusion in the customer’s website 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 BE Design on behalf of the customer, will remain the property of BE Design 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 BE Design, the necessary permission to use materials (for which BE Design holds the copyright) in forms other than for which it was originally supplied, and BE Design 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 BE Design.
By supplying images, text, or any other data to BE Design, the customer grants BE Design permission to use this material freely in the pursuit of the design.
Should BE Design, 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 BE Design to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold BE Design 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 BE Design 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 by BE Design, 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 BE Design 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.
BE Design will not be held responsible for any and all damages resulting from such claims.
BE Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold BE Design responsible for any such loss or damage.
Any claim against BE Design shall be limited to the relevant fee(s) paid by the customer.
Design Project Duration
Any indication given by BE Design of a design project’s duration is to be considered by the customer to be an estimation. BE Design 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 BE Design for the initial payment or by date confirmed in writing by BE Design.
Design Project Completion
BE Design considers the design project complete upon receipt of the customer’s signed Approval form or sign-off email. Other services such as printing, signs display panel production, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Design Credits
The customer agrees to allow BE Design to place a small credit on printed material exhibition displays, advertisements and/or a link to BE Design 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 BE Design to place websites and other designs, along with a link to the client’s site on BE Design’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
BE Design 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. BE Design also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that BE Design does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow BE Design to remove the contravention without hindrance, or penalty. BE Design is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, BE Design 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 BE Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
BE Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. BE Design will not be held responsible for any and all damages resulting from products and/or services it supplies. BE Design 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 BE Design responsible for any such loss or damage. Any claim against BE Design shall be limited to the relevant fee(s) paid by the customer.
BE Design 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. BE Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
BE Design 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. BE Design 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. BE Design 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 BE Design, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.bedesign.com.my.
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 BE Design.