The following Terms and Conditions apply to all products and services provided by nestboxillustration&design
(for the T&C purposes the short term NBID will refer to nestboxillustration&design).
COPYRIGHT AND TRADEMARK
Copyright is retained by nestboxillustration&design (NBID) on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing.
By supplying text, images and other data to NBID 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 NBID on behalf of the customer, will remain the property of NBID.
The customer may request in writing from NBID the necessary permission to use materials (for which NBD holds the copyright) in forms other than for which it was originally supplied, and NBID 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 NBID, the customer grants NBID permission to use this material freely in the pursuit of the design.
Should NBD, or the customer supply an image, text, audio clip or any other file for use in business cards, flyers, pamphlets, web-site, 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 NBID to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold NBID 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.
The customer agrees that changes required over and above the estimated workor required to be carried out after acceptance of the draft design will be liable to a separate charge.The customer also agrees that NBD holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by NBID, 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 redistributed in any way or form without the express written consent of NBID 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.NBD will not be held responsible for any and all damages resulting from such claims. NBID is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold NBID responsible for any such loss or damage. Any claim against NBD shall be limited to the relevant fee(s) paid by the customer.
At the time of proposal, NBID will provide the customer with a written estimate or quotation. The Terms and Conditions written on this website apply to all projects handled by NBID. 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 NBID.
Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept NBID’s terms and conditions. No work on a project will commence until either document has been received by NBID.
Charges for design services to be provided by NBID 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 if no other bespoken terms apply. Work on the project will not commence until NBID has received this amount.
CHARGES FOR OTHER SERVICES
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.
Generally, a fee/budget will be agreed in advance of commencing the work based on estimated total project development time and level of expertise necessary to complete a project. Concept/design projects include development and delivery of usually 2-3 exploratory design concepts AND the first 2-3 rounds of client revisions to initial concepts provided, (if required). We are not restricted to providing 3 concepts/revisions and will generally develop concepts/revisions until client is satisfied with a final one to go to final artwork stage, with additional client revision time added to the initial estimate (beyond first 3), if applicable. Experimental work. All work produced, experimentally or otherwise, at customer’s request is billable. This means that we do not undertake to do design or other work speculatively, ( i.e. where the client pays for it only if he/she likes it). All development work has value. If a client requests a job/work, from us, whether it’s a large project or a small one, the client is signifying their agreement to pay for all work and time required to implement the work, and will be invoiced accordingly. Jobs which go unfinished, (normally) due to client delays or for whatever reason, including discontinuation/termination of project by client following it’s initial commencement, will be part-invoiced for all work and time to date on that project. It is our policy to issue interim invoices for each stage (Milestone) of a project delivered. We bill for a minimum charge of 35 Euro, which covers up to the first hour, usually for new/small jobs. This minimum charge covers our time to activate a new job, covers up to 1 hour and covers administration/accounts time.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. NBID shall be considered entitled to remove NBID 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.
The client agrees to NBID’s definition of acceptable means of supplying data to the company. Text is to be supplied to NBID in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by NBD after the project is bespoken. Images must be of a quality suitable for use without any subsequent image processing, and NNBID will not be held responsible for any image quality which the client later deems to be unacceptable.
NBID 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 NBID of a design project’s duration is to be considered by the customer to be an estimation. NNBID 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 NBID for the initial payment or by date confirmed in writing by NBID.
The customer agrees to allow NBID to place a small credit on printed material exhibition displays, advertisements and/or a link to NBD’s 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 NBID to place websites and other designs, along with a link to the client’s site on NBID’ own website for demonstration purposes and to use any designs in its own publicity.
DESIGN PROJECT COMPLETION
NBID 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.
WEBSITE DESIGN ONLY
Once web design is complete, NBID will provide the customer with the opportunity to review the resulting work. NBID 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 NBID by e-mail or fax and confirmed by post.
NBID 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.
NBID does not offer in-house hosting services. NBID can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. NBID may request that clients change the type of hosting account used if that account is deemed by NBID to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organization are the responsibility of the client and NBID are not liable for their payment.
RIGHTS OF REFUSAL
NBID 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. NBID also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that NBID does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow NBID to remove the contravention without hindrance, or penalty. NBID is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, NNBID 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 NBID within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
NBID makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. NBID will not be held responsible for any and all damages resulting from products and/or services it supplies.
NBID 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 NBID responsible for any such loss or damage. Any claim against NBID shall be limited to the relevant fee(s) paid by the customer.
NBID 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. NBID will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
NBID and its clients agree to comply with Printers T&C which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. NBID 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.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. NBID reserves the right to change any rates and any of the T&C 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 NBID 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 NBID.
Tel.: (00353) 85-8187649
Registered in Ireland
Directors/Owners: Birgit Burhenne
Updated November, 2022