The following Terms and Conditions of Service apply to all products and services provided by ThunDesign.
All work is carried out by ThunDesign on the understanding that the client has agreed to ThunDesign’s terms and conditions.
Copyright is retained by ThunDesign 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 design is presented, only one solution is deemed to be given by ThunDesign as fulfilling the contract. All other designs remain the property of ThunDesign, unless agreed in writing that this arrangement has been changed.
Customized Project Acceptance
At the time of proposal, ThunDesign will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on ThunDesign’ 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 ThunDesign.
Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept ThunDesign’ terms and conditions. No work on a project will commence until either document has been received by ThunDesign.
Custom Services Charges
Charges for custom services to be provided by ThunDesign, 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, the quoted fee will become immediately due. Work on the project will not commence until ThunDesign has received this amount.
Charges for Priced Service
Charges for any priced services, will become fully payable (100% of the priced amount stated on our website) at the time of service cart checkout.
Payments may be made by Paypal or Credit Card through Paypal.
Publication and/or release of work done by ThunDesign 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 check. ThunDesign shall be considered entitled to remove ThunDesign 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, logo, articles, 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 ThunDesign 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 ThunDesign for inclusion in the customer’s business cards, flyers, logo, 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 ThunDesign on behalf of the customer, will remain the property of ThunDesign and/or its suppliers.
The customer may request in writing from ThunDesign, the necessary permission to use materials (for which ThunDesign holds the copyright) in forms other than for which it was originally supplied, and ThunDesign 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 ThunDesign, the customer grants ThunDesign permission to use this material freely in the pursuit of the design.
Should ThunDesign, or the customer supply an image, text, audio clip or any other file for use in a business cards, flyers, logo, article, 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 ThunDesign to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold ThunDesign 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 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 ThunDesign 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 ThunDesign, 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 ThunDesign 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. ThunDesign will not be held responsible for any and all damages resulting from such claims. ThunDesign is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold ThunDesign responsible for any such loss or damage. Any claim against ThunDesign shall be limited to the relevant fee(s) paid by the customer.
The client agrees to ThunDesign’s definition of acceptable means of supplying data to the company.
Text is to be supplied to ThunDesign in electronic format as standard text (.txt), MS Word (.doc/.docx) via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by ThunDesign via e-mail. Images must be of a quality suitable for use without any subsequent image processing, and ThunDesign will not be held responsible for any image quality which the client later deems to be unacceptable. ThunDesign 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 ThunDesign of a design project’s duration is to be considered by the customer to be an estimation. ThunDesign 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 ThunDesign for the initial payment or by date confirmed in writing by ThunDesign.
Rights of Access for Project Development
The customer agrees to supply ThunDesign 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
ThunDesign considers the design project complete upon receipt of the customer’s Review.
Once design is complete, ThunDesign will provide the customer with the opportunity to review the resulting work. ThunDesign would make minor changes at no extra cost depends on the package chosen within 7 days of the start of the review period. Any minor changes can be notified to ThunDesign by e-mail.
ThunDesign will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 7 days of the start of the review period.
Our Website is intended for the use of adults and individuals 13 years of ages and older. Our Website is not directed to children under the age of 13. Users under the age of 13 must have the permission and/or assistance of an adult while using or visiting our Website.
ThunDesign does not offer in-house hosting services. ThunDesign can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. ThunDesign may request that clients change the type of hosting account used if that account is deemed by ThunDesign 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 ThunDesign are not liable for their payment.
ThunDesign cannot guarantee the availability of any domain name. Where ThunDesign 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, ThunDesign 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.
Rights of Refusal
ThunDesign 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. ThunDesign also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that ThunDesign does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow ThunDesign to remove the contravention without hindrance, or penalty. ThunDesign 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. Please note: any cancellation which is not formally confirmed in writing and received by ThunDesign within 7 days of such instruction being issued, will be liable for the full quoted cost of the project.
ThunDesign makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. ThunDesign will not be held responsible for any and all damages resulting from products and/or services it supplies. ThunDesign 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 ThunDesign responsible for any such loss or damage. Any claim against ThunDesign shall be limited to the relevant fee(s) paid by the customer.
ThunDesign 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. ThunDesign will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
ThunDesign 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. ThunDesign 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. ThunDesign 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 ThunDesign 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 ThunDesign.