Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by D Young Creative Studio, LLC.
All work is carried out by D Young Creative Studio, LLC on the understanding that the client has agreed to D Young Creative Studio, LLC’s terms and conditions.
Copyright is retained by D Young Creative Studio, LLC 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 D Young Creative Studio, LLC as fulfilling the contract. All other designs remain the property of D Young Creative Studio, LLC, unless agreed in writing that this arrangement has been changed.
Project Acceptance
At the time of proposal, D Young Creative Studio, LLC will provide the customer with a written estimate or quotation. Estimates are valid for 30 days.
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 D Young Creative Studio, LLC. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept D Young Creative Studio, LLC’s terms and conditions. No work on a project will commence until either document has been received by D Young Creative Studio, LLC. If the scope of the project changes at any time, the estimated total may increase for work beyond the original scope and will be charged hourly at our normal hourly rate. Estimate includes, but is not limited to, applicable time spent on communication, meetings, research, brainstorming, design, development, and/or copywriting services. All purchased stock photography, icons, and illustrations are extra.
Design Charges
Charges for design services to be provided by D Young Creative Studio, LLC, 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 unless we have an agreement to invoice weekly for ongoing work. Work on the project will not commence until D Young Creative Studio, LLC has received this amount. Complimentary artwork is limited to a set number of given revisions. D Young Creative Studio, LLC 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 provided with an Approval Form and/or Review of the work provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and submit the Approval Form to D Young Creative Studio, LLC. The remaining balance will be invoiced upon project completion and must be received before delivery of final artwork. All invoices are due upon receipt. All balances will be billed immediately for any projects that are either directly or indirectly placed on hold by the client for more than 30 days. Accounts that 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, and/or previously agreed on electronic funds transfer.
Publication and/or release of work done by D Young Creative Studio, LLC 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 D Young Creative Studio, LLC in writing.
Returned checks will incur an additional fee of $50 per returned check. D Young Creative Studio, LLC reserves the right to consider an account to be in default in the event of a returned check.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. D Young Creative Studio, LLC shall be considered entitled to remove D Young Creative Studio, LLC 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 D Young Creative Studio, LLC 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 D Young Creative Studio, LLC 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 D Young Creative Studio, LLC on behalf of the customer, will remain the property of D Young Creative Studio, LLC and/or it’s suppliers.
The customer may request in writing from D Young Creative Studio, LLC, the necessary permission to use materials (for which D Young Creative Studio, LLC holds the copyright) in forms other than for which it was originally supplied, and D Young Creative Studio, LLC 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 D Young Creative Studio, LLC, the customer grants D Young Creative Studio, LLC permission to use this material freely in the pursuit of the design.
Should D Young Creative Studio, LLC, or the customer supply an image, text, audio clip, or any other file for use in 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 D Young Creative Studio, LLC to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold D Young Creative Studio, LLC free from harm in any and all claims resulting from the customer 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 D Young Creative Studio, LLC 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 D Young Creative Studio, LLC, 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 D Young Creative Studio, LLC and any of its relevant sub-contractors.
All design work where there is a risk that another party makes 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. D Young Creative Studio, LLC will not be held responsible for any and all damages resulting from such claims. D Young Creative Studio, LLC is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold D Young Creative Studio, LLC responsible for any such loss or damage. Any claim against D Young Creative Studio, LLC shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to D Young Creative Studio, LLC’s definition of acceptable means of supplying data to the company.
Text is to be supplied to D Young Creative Studio, LLC in electronic format as standard text (.txt), Apple Pages, or MS Word (.doc) via e-mail or other predetermined electronic transfer methods such as DropBox, etc.
Images that are supplied in an electronic format, are to be provided in a format as prescribed by D Young Creative Studio, LLC via e-mail or other predetermined electronic transfer methods such as DropBox, etc. Images must be of a quality suitable for use without any subsequent image processing, and D Young Creative Studio, LLC will not be held responsible for any image quality which the client later deems to be unacceptable. D Young Creative Studio, LLC 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, digital image purchase, or data entry services.
Design Project Duration
Any indication given by D Young Creative Studio, LLC of a design project’s duration is to be considered by the customer to be an estimation. D Young Creative Studio, LLC 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 D Young Creative Studio, LLC for the initial payment or by date confirmed in writing by D Young Creative Studio, LLC.
Delays
Illness, injury, or other events beyond D Young Creative Studio’s control, such as fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Rights of Access for Website Construction
The client agrees to allow D Young Creative Studio, LLC 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 D Young Creative Studio, LLC 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 D Young Creative Studio, LLC 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
D Young Creative Studio, LLC considers the design project complete upon receipt of the customer’s review and signed approval or emailed statement accepting approval. Other services such as printing, display panel production, filmwork, website uploading, publishing, etc., either contracted on the client's behalf constitute a separate project and will be treated as a separate charge. Once a project has been designed and emailed, there will be no refunds.
Project Abandonment
If after repeated attempts to begin, continue, or finalize the delivery of services, the Customer fails to participate or becomes otherwise unresponsive to D Young Creative Studio, LLC’s requests for a period of one (1) month, the project may be considered abandoned, and D Young Creative Studio, LLC may reduce any refund the Customer may otherwise be entitled to hereunder to zero, and Customer will have forfeited all rights to receive any refund for services purchased or as described in the original invoice. D Young Creative Studio, LLC may issue customer credit for future services at its discretion.
Website Design Only
Once web design is complete, D Young Creative Studio, LLC will provide the customer with the opportunity to review the resulting work. D Young Creative Studio, LLC 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 the placement of items on the page. It does not include changes to images, color schemes, or any navigation features. Any minor changes can be notified to D Young Creative Studio, LLC by e-mail and confirmed by post.
D Young Creative Studio, LLC 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.
Child’s Privacy
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.
Hosting Websites
D Young Creative Studio, LLC does not offer in-house hosting services. D Young Creative Studio, LLC can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. D Young Creative Studio, LLC may request that clients change the type of hosting account used if that account is deemed by D Young Creative Studio, LLC 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 D Young Creative Studio, LLC is not liable for their payment.
Domain Registration
D Young Creative Studio, LLC cannot guarantee the availability of any domain name and does not register domain names on behalf of a client.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, D Young Creative Studio, LLC 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 D Young Creative Studio, LLC to place a small credit on printed material exhibition displays, advertisements, and/or a link to D Young Creative Studio, LLC’ 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 D Young Creative Studio, LLC to place websites and other designs, along with a link to the client’s site on D Young Creative Studio, LLC’ own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
D Young Creative Studio, LLC will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene, illegal, holiday related, or social/political. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. D Young Creative Studio, LLC also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that D Young Creative Studio, LLC does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow D Young Creative Studio, LLC to remove the contravention without hindrance, or penalty. D Young Creative Studio, LLC is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, D Young Creative Studio, LLC 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 D Young Creative Studio, LLC within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
D Young Creative Studio, LLC makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. D Young Creative Studio, LLC will not be held responsible for any and all damages resulting from products and/or services it supplies. D Young Creative Studio, LLC 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 D Young Creative Studio, LLC responsible for any such loss or damage. Any claim against D Young Creative Studio, LLC shall be limited to the relevant fee(s) paid by the customer.
D Young Creative Studio, LLC 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. D Young Creative Studio, LLC will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
D Young Creative Studio, LLC 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. D Young Creative Studio, LLC recommends 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.
Binding Arbitration
The parties to this contract agree that any and all disputes that cannot be settled in good faith by the parties shall be resolved through binding arbitration using the American Arbitration Association. It is further agreed that the cost of binding arbitration shall be shared equally by D Young Creative Studio, LLC and the Client. It shall be clearly understood that any disputes that may arise are confidential with no public comment permitted in any form by either party relating to the dispute. The results of any Arbitration proceeding shall also be confidential with no public comment by either party permitted in any form relating to any award. The parties agree that any breach of this provision shall constitute a willful breach of contract.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. D Young Creative Studio, LLC 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 D Young Creative Studio, LLC 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 D Young Creative Studio, LLC.