Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by Designing Fever and in the event of any dispute are governed by the laws of India. All work is carried out by Designing Fever on the understanding that the client has agreed to our terms and conditions. Copyright is retained by Designing Fever 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 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 Designing Fever, unless specifically agreed in writing.
At the time of proposal, Designing Fever can provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Designing Fever website. Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
Charges for design services to be provided by Designing Fever 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 100% 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 PSD 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, fla 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.
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.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Bank of India Base Rate plus 15% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer, PayPal, credit card (Visa, MasterCard) or Debit Card. Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery. Returned cheques will incur an additional fee of Rs.1500 per returned cheque. Designing Fever reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Designing Fever shall be entitled to remove Designing Fever‘s 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, 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 Designing Fever ‘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 Designing Fever for inclusion in the customer’s 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 Designing Fever on behalf of the customer, will remain the property of Designing Fever 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.
The customer may request in writing from Designing Fever, the necessary permission to use materials (for which Designing Fever holds the copyright) in forms other than for which it was originally supplied, and Designing Fever may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
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 Designing Fever. By supplying images, text, or any other data to Designing Fever, the customer grants Designing Fever permission to use this material freely in the pursuit of the design. The customer agrees to fully indemnify and hold Designing Fever 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 permission.
The customer 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 Designing Fever 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 Designing Fever, 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 Designing Fever 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.
Designing Fever will not be held responsible for any and all damages resulting from such claims. Designing Fever is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Designing Fever responsible for any such loss or damage. Any claim against Designing Fever shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Designing Fever’s definition of acceptable means of supplying data to the company. Text is to be supplied to Designing Fever in electronic format as standard text (.txt), MS Word (.docx) on CD, or via e-mail / FTP or shared folder. Images which are supplied in an electronic format are to be provided in a format as prescribed by Designing Fever via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Designing Fever will not be held responsible for any image quality which the client later deems to be unacceptable.
Designing Fever 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, color correction and alteration of images
Design Project Duration
Any indication given by Designing Fever of a design project’s duration is to be considered by the customer to be estimation. Designing Fever 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 Designing Fever for the initial payment or by date confirmed in writing by Designing Fever.
Rights of Access for Website Construction
The client agrees to allow Designing Fever 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 Designing Fever 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 Designing Fever with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Website design only
Designing Fever require that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colors, structure or content that requires changes to the template will incur an additional charge.
Once web design is complete, Designing Fever will provide the customer with the opportunity to review the resulting work Designing Fever 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, color schemes or any navigation features. Any minor changes can be notified to Designing Fever by e-mail.
The customer agrees to allow Designing Fever to place a small credit on printed material exhibition displays, advertisements and/or a link to Designing Fever 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 Designing Fever to place websites and other designs, along with a link to the client’s site on Designing Fever’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Designing Fever 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. Designing Fever also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Designing Fever does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Designing Fever to remove the contravention without hindrance, or penalty. Designing Fever is to be held in no way responsible for any such data being included.
In case of no response from the customer/clients end more than a 30 days period or long, then project will be cancelled without any notice or intimation to the client or customer and no amount will be refunded.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Designing Fever 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 Quotation
The placement of an order for design and/or any other services offered by Designing Fever, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.designingfever.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 Designing Fever.