TERMS + CONDITIONS
The following Terms and Conditions of Service apply to all products and services provided by Tori Lake Design.
All work is carried out by Tori Lake Design on the understanding that the client has agreed to our terms and conditions.
At the time of proposal, Tori Lake Design will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Tori Lake Design 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 Tori Lake Design.
For the avoidance of doubt, the Tori Lake Design Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Charges for design services to be provided by Tori Lake 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 upload to the server or release of materials.
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. Tori Lake Design retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. 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 Tori Lake Design, unless specifically agreed in writing. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).
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.
Clients will provided with proofs via email, and an Invoice prior to final transfer of deliverables. At this time the remainder of the amount due will become payable and the client will also be required to signify approval by email to Tori Lake 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 of 10% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer.
Publication and/or release of work done by Tori Lake Design on behalf of the client, may not take place before cleared funds have been received.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Tori Lake Design will be entitled to remove Tori Lake Design ‘s 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, 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 its obligation to pay the due amount.
Customers whose accounts become default agree to pay all Tori Lake Design’s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Tori Lake Design for inclusion in the customer’s 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 customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Tori Lake Design on behalf of the customer, will remain the property of Tori Lake Design and/or its suppliers unless otherwise agreed in writing.
A license 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.
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 license fees or fees for upgrades are the responsibility of the client, not Tori Lake Design.
By supplying images, text, or any other data to Tori Lake Design, the client grants Tori Lake Design permission to use this material freely in the pursuit of the design.
Should Tori Lake 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 Tori Lake Design to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Tori Lake 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.
The client 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 Tori Lake Design holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, drawing, or idea created for the customer by Tori Lake 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 Tori Lake Design.
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.
Tori Lake Design will not be held responsible for any and all damages resulting from such claims.
Tori Lake 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 Tori Lake Design responsible for any such loss or damage.
Any claim against Tori Lake Design shall be limited to the relevant fee(s) paid by the customer.
Design Project Duration
Any indication given by Tori Lake Design of a design project’s duration is to be considered by the customer to be an estimation. Tori Lake 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 Tori Lake Design for the initial payment or by date confirmed in writing by Tori Lake Design.
Design Project Completion
Tori Lake Design considers the design project complete upon receipt of the customers acceptance in writing. Other services such as printing, website uploading, publishing, or further alterations either constitute a separate project and can be treated as a separate charge.
Cancellation of orders may be made by e-mail. 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 due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Tori Lake Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Tori Lake Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Tori Lake Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Tori Lake 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 Tori Lake Design responsible for any such loss or damage. Any claim against Tori Lake Design shall be limited to the relevant fee(s) paid by the customer.
Tori Lake 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.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Tori Lake 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 Estimate
The placement of an order for design and/or any other services offered by Tori Lake Design, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.torilake.com.
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 Tori Lake Design.