Terms & Conditions


Payment

An initial payment of 50% of the estimated price is required to commence work. Balance of payment must be made to ellybean designs (when the work is approved and signed-off by the client) before delivery will occur.

Content
ellybean designs takes no responsibility for any errors in web content. It is the responsibility of the client to ensure all content is correct before delivery. All images provided by the client for their website must be copyright-approved before delivery. ellybean designs is not responsible for the copyright of any supplied images. However, ellybean designs can source a range of stock images for the client/s.

Licensing
Any design, copywriting, drawing, idea or code created for the customer by ellybean designs 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 ellybean designs. ellybean designs is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold ellybean designs responsible for any such loss or damage. Any claim against ellybean designs shall be limited to the relevant fee(s) paid by the customer.

Data Formats
The client agrees to ellybean designs definition of acceptable means of supplying data to the company. Text is to be supplied to ellybean designs in electronic format as standard text (.txt), MS Word (.doc) on floppy disc, or CD-ROM, or via e-mail.
Images that are supplied in an electronic format are to be provided in a format as prescribed by ellybean designs via floppy disc, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and ellybean designs will not be held responsible for any image quality that the client later deems to be unacceptable. ellybean designs cannot be held responsible for the quality of any images that 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 ellybean designs of a design project's duration is to be considered by the customer to be estimation. ellybean designs cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that ellybean designs receives cleared funds for the initial payment or by date confirmed in writing by ellybean designs.

Rights of Access for Website Construction
The client agrees to allow ellybean designs 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 ellybean designs 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 ellybean designs 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
ellybean designs considers the design project complete upon receipt of the customer's sign off via letter/email or other written communication. 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, ellybean designs will provide the customer with the opportunity to review the resulting work. ellybean designs 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 ellybean desings by e-mail and confirmed by post. ellybean designs 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.

Domain Registration
ellybean designs cannot guarantee the availability of any domain name. Where ellybean designs 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, ellybean designs 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 customer agrees to allow ellybean designs to place a small credit on printed material exhibition displays, advertisements and/or a link to ellybean designs' 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 ellybean designs to place websites, other designs and along with a link to the client's site on ellybean designs' own website for demonstration purposes and to use any designs in its own publicity.

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

Early Termination
Early termination of orders may be made initially by telephone contact, or e-mail. However, a formal notification in writing must be sent to ellybean designs after initial notification. 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 that is not formally confirmed in writing and received by ellybean designs within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer
ellybean designs makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. ellybean designs will not be held responsible for any and all damages resulting from products and/or services it supplies. ellybean designs 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 ellybean designs responsible for any such loss or damage. Any claim against ellybean designs shall be limited to the relevant fee(s) paid by the customer. ellybean designs 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.ellybean designs will not knowingly perform any actions to contravene these and the client agrees to be so bound.

General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. ellybean designs reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Changes to initial brief
If ellybean designs feels that any item requested by the client does not fit within the initial brief, the client will be notified immediately. The item will then be either quoted separately, or charged as an extra.

Corrections and modifications
Once the work has been approved and signed off, all additional corrections and modifications to the site will be charged as extras at full hourly rates.

Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by ellybean designs and validated by the customer's agreement in any written or verbal 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 ellybean designs.