Terms and Conditions

The following Terms and Conditions of Service apply to all products and services provided by DeckSavvy, LLC.

All work is carried out by DeckSavvy, LLC on the understanding that the client has agreed to DeckSavvy, LLC’s terms and conditions.

Copyright is retained by DeckSavvy, 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 DeckSavvy, LLC as fulfilling the contract. All other designs remain the property of DeckSavvy, LLC, unless agreed in writing that this arrangement has been changed.

Project Acceptance

At the time of proposal, DeckSavvy, LLC will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on DeckSavvy, LLC’ 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 DeckSavvy, LLC. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept DeckSavvy, LLC’ terms and conditions. No work on a project will commence until either document has been received by DeckSavvy, LLC.

Design Charges

Charges for design services to be provided by DeckSavvy, 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 40% of the quoted fee will become immediately due. Work on the project will not commence until DeckSavvy, LLC has received this amount.

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 DeckSavvy, LLC. 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 DeckSavvy, LLC on behalf of the client, may not take place before cleared funds have been received.

Returned checks will incur an additional fee of $50 per returned check. DeckSavvy, 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. DeckSavvy, LLC shall be considered entitled to remove DeckSavvy, 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, presentations slide decks, business cards, flyers, pamphlets, websites, 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 DeckSavvy, 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 DeckSavvy, 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 DeckSavvy, LLC on behalf of the customer, will remain the property of DeckSavvy, LLC and/or it’s suppliers.

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

Should DeckSavvy, LLC, 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 DeckSavvy, LLC to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold DeckSavvy, LLC 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 hourly charge in the amount of $60 USD per hour, as invoiced. The customer also agrees that DeckSavvy, 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 DeckSavvy, 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 DeckSavvy, LLC 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. DeckSavvy, LLC will not be held responsible for any and all damages resulting from such claims. DeckSavvy, 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 DeckSavvy, LLC responsible for any such loss or damage. Any claim against DeckSavvy, LLC shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to DeckSavvy, LLC’s definition of acceptable means of supplying data to the company

Text is to be supplied to DeckSavvy, LLC in electronic format as standard text (.txt), MS Word (.doc), Google/OpenOffice document, PDF, HTML, CD-ROM, or via e-mail. Depending on the project, text may also be supplied via .ppt/.key file.

Images which are supplied in an electronic format, are to be provided in a format as prescribed by DeckSavvy, LLC via CD-ROM, electronic file sharing such as Dropbox, e-mail, FTP or similar electronic methods. Images must be of a quality suitable for use without any subsequent image processing, and DeckSavvy, LLC will not be held responsible for any image quality which the client later deems to be unacceptable. DeckSavvy, 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 & image searches, media conversion, digital image processing, or data entry services.

Design Project Duration

Any indication given by DeckSavvy, LLC of a design project’s duration is to be considered by the customer to be an estimation. DeckSavvy, 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 DeckSavvy, LLC for the initial payment or by date confirmed in writing by DeckSavvy, LLC.

Rights of Access for Website & Presentation Development

The client agrees to allow DeckSavvy, LLC all necessary access to computer systems and other locations, as required, in order to complete a website or presentation project, if deemed necessary, and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow DeckSavvy, 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 DeckSavvy, 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

DeckSavvy, LLC 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 (including Slideshare), publishing etc., either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

Design Tools

DeckSavvy, LLC may incorporate certain Designer Tools into the Deliverables. “Designer Tools” means all design tools developed or utilized by DeckSavvy, LLC in performing the Services, including without limitation: pre-existing and newly developed software, Web authoring and presentation tools, type fonts, and application tools. In the event Designer Tools are incorporated into any Final Deliverable, then Designer grants Client a royalty-free, perpetual, worldwide, non-exclusive license to use the Designer Tools to the extent necessary to use the Final Deliverables. Designer retains all other rights in the Designer Tools.”

Presentation Design Only

Once the presentation is complete, DeckSavvy, LLC will provide the customer with the opportunity to review the resulting work. DeckSavvy, LLC will make one set of minor changes at no extra cost within 7 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the slide. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to DeckSavvy, LLC by e-mail  and confirmed by post.

DeckSavvy, LLC 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.

Kids’ 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

DeckSavvy, LLC does not offer in-house hosting services. DeckSavvy, 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. DeckSavvy, LLC may request that clients change the type of hosting account used if that account is deemed by DeckSavvy, 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 DeckSavvy, LLC are not liable for their payment.

Domain Registration

DeckSavvy, LLC cannot guarantee the availability of any domain name. Where DeckSavvy, LLC 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, DeckSavvy, 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 DeckSavvy, LLC to place a small credit on printed material exhibition displays, advertisements and/or a link to DeckSavvy, 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 DeckSavvy, LLC to place websites and other designs, along with a link to the client’s site on DeckSavvy, LLC’ own website for demonstration purposes and to use any designs in its own publicity.

Rights of Refusal

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

Cancellation/Termination

Either party may terminate the contract at any time through written request. The client shall upon termination pay DeckSavvy, LLC all unpaid amounts due for Services completed prior to notice of termination. Termination of orders may be made initially by telephone contact, or e-mail, however, following this, DeckSavvy, 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 DeckSavvy, LLC within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

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

DeckSavvy, 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. DeckSavvy, LLC will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

DeckSavvy, 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. DeckSavvy, LLC 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.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. DeckSavvy, 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 DeckSavvy, 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 DeckSavvy, LLC.

 

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