TERMS AND CONDITION > CLIENTS, DESIGNERS AND COLLABORATORS  

Terms & Conditions for clients

The following Terms and Conditions of Service apply to all products and services delivered by Tope Adebayo, Creative Designer (Brands By Tope).

All work is carried out by Tope Adebayo, Creative Designer (Brands By Tope) on the understanding that the client has agreed to Tope Adebayo, Creative Designer (Brands By Tope)’s terms and conditions.

Copyright is retained by Tope Adebayo, Creative Designer (Brands By Tope) on all design work including words, pictures, ideas, and all other design visuals unless specifically released in writing and after all costs have been settled fully. If not there is possibility of legal action.

Out of choices given, only one solution is deemed to be given by Tope Adebayo, Creative Designer (Brands By Tope) as fulfilling the  specified contract. All other designs remain the property of Tope Adebayo, Creative Designer (Brands By Tope), unless agreed in writing that this arrangement has been changed or restructured.

Project Acceptance

At the time of proposal, Tope Adebayo, Creative Designer (Brands By Tope) will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Tope Adebayo, Creative Designer (Brands By Tope)’ 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 Tope Adebayo, Creative Designer (Brands By Tope). Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Tope Adebayo, Creative Designer (Brands By Tope)’ terms and conditions. No work on a project will commence until either document has been received by Tope Adebayo, Creative Designer (Brands By Tope). After payment receipt will be sent to the client as agreed project.

Design Charges

Charges for design services to be provided by Tope Adebayo, Creative Designer (Brands By Tope), 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 70% of the quoted fee will become immediately due or any other percentage if agreed in the agreement . Work on the project will not commence until Tope Adebayo, Creative Designer (Brands By Tope) has received this amount. Tope Adebayo, Creative Designer (Brands By Tope) has the right to refuse additional artwork/revisions.

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.

Payment

The customer will be required to acknowledge receipt of the invoice and then make make payment, receipt of payment will be send to the client within 48 Hours in which time the time specified for the job will start counting. 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 Tope Adebayo, Creative Designer (Brands By Tope) on behalf of the client, may not take place before cleared funds have been received. Once payment has been made, there will be no reimbursement of funds unless agreed by Tope Adebayo, Creative Designer (Brands By Tope) in writing.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. Tope Adebayo, Creative Designer (Brands By Tope) shall be considered entitled to remove Tope Adebayo, Creative Designer (Brands By Tope) 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, 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 customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Tope Adebayo, Creative Designer (Brands By Tope) reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images and other data to Tope Adebayo, Creative Designer (Brands By Tope) for inclusion in the customer’s business cards, flyers, pamphlets, 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 Tope Adebayo, Creative Designer (Brands By Tope) on behalf of the customer, will remain the property of Tope Adebayo, Creative Designer (Brands By Tope) and/or it’s suppliers.

The customer may request in writing from Tope Adebayo, Creative Designer (Brands By Tope), the necessary permission to use materials (for which Tope Adebayo, Creative Designer (Brands By Tope) holds the copyright) in forms other than for which it was originally supplied, and Tope Adebayo, Creative Designer (Brands By Tope) 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 Tope Adebayo, Creative Designer (Brands By Tope), the customer grants Tope Adebayo, Creative Designer (Brands By Tope) permission to use this material freely in the pursuit of the design.

Should Tope Adebayo, Creative Designer (Brands By Tope), or the customer 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 customer will agree to allow Tope Adebayo, Creative Designer (Brands By Tope) to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold Tope Adebayo, Creative Designer (Brands By Tope) 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 required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that Tope Adebayo, Creative Designer (Brands By Tope) 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 Tope Adebayo, Creative Designer (Brands By Tope), 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 Tope Adebayo, Creative Designer (Brands By Tope) and any of it’s 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. Tope Adebayo, Creative Designer (Brands By Tope) will not be held responsible for any and all damages resulting from such claims. Tope Adebayo, Creative Designer (Brands By Tope) is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Tope Adebayo, Creative Designer (Brands By Tope) responsible for any such loss or damage. Any claim against Tope Adebayo, Creative Designer (Brands By Tope) shall be limited to the relevant fee(s) paid by the customer.

Design Project Duration

Any indication given by Tope Adebayo, Creative Designer (Brands By Tope) of a design project’s duration is to be considered by the customer to be an estimation. Tope Adebayo, Creative Designer (Brands By Tope) 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 Tope Adebayo, Creative Designer (Brands By Tope) for the initial payment or by date confirmed in writing by Tope Adebayo, Creative Designer (Brands By Tope).

Rights of Access for Website Construction

The client agrees to allow Tope Adebayo, Creative Designer (Brands By Tope) 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 Tope Adebayo, Creative Designer (Brands By Tope) 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 Tope Adebayo, Creative Designer (Brands By Tope) 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

Tope Adebayo, Creative Designer (Brands By Tope) considers the design project complete upon receipt of the customer’s Review and signed Approval form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc., either contracted on the clients behalf constitute a separate project and can be treated as a separate charge. Once a project has been designed and emailed, there will be no refunds.

Website Design Only

Once web design is complete, Tope Adebayo, Creative Designer (Brands By Tope) will provide the customer with the opportunity to review the resulting work. Tope Adebayo, Creative Designer (Brands By Tope) 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 Tope Adebayo, Creative Designer (Brands By Tope) by e-mail or fax and confirmed by post.

Tope Adebayo, Creative Designer (Brands By Tope) 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.

Design Credits

The customer agrees to allow Tope Adebayo, Creative Designer (Brands By Tope) to place a small credit on printed material exhibition displays, advertisements and/or a link to Tope Adebayo, Creative Designer (Brands By Tope)’ 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 Tope Adebayo, Creative Designer (Brands By Tope) to place websites and other designs, along with a link to the client’s site on Tope Adebayo, Creative Designer (Brands By Tope)’ own website for demonstration purposes and to use any designs in its own publicity.

Rights of Refusal

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

Disclaimer

Tope Adebayo, Creative Designer (Brands By Tope) makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Tope Adebayo, Creative Designer (Brands By Tope) will not be held responsible for any and all damages resulting from products and/or services it supplies. Tope Adebayo, Creative Designer (Brands By Tope) 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 Tope Adebayo, Creative Designer (Brands By Tope) responsible for any such loss or damage. Any claim against Tope Adebayo, Creative Designer (Brands By Tope) shall be limited to the relevant fee(s) paid by the customer.

Tope Adebayo, Creative Designer (Brands By Tope) 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. Tope Adebayo, Creative Designer (Brands By Tope) will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

 

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Tope Adebayo, Creative Designer (Brands By Tope) 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 Tope Adebayo, Creative Designer (Brands By Tope) and validated by the customer’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 Tope Adebayo, Creative Designer (Brands By Tope).

Terms & Conditions for Designer and Collaborators

All other T & C hold for both clients and designers. In the case a fellow designer on whatever project Tope Adebayo, Creative Designer (Brands By Tope) works on he retains full creative right over the design of service delivered. But in terms of collaboration tope will include other designers as part for the project as collaborators of Tope Adebayo, Creative Designer (Brands By Tope) as a collaborator and said designer as the chief controller of the project. Designers can publish the work done by me on their website or social pages and must include my name as collaborator to the project not necessarily specifying the parts in which I worked on. The designer can inform said client on Tope Adebayo, Creative Designer (Brands By Tope) involvement in design or not if they wish to keep it a secret. 

The agreements covers, all services I render to the designer. Tope Adebayo, Creative Designer (Brands By Tope) will always include and give credit to fellow designers in parts they worked on 

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