All services provided by 321 Websites under this agreement shall be for the exclusive use of the client. 321 Websites retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, on-line posting on 321 Website’s own website and physical portfolio.
321 Websites may use “Stock Components” (photography, motion clips, and sound), whether royalty free (RF) or rights managed (RM), to provide or achieve a certain look and feel in the project. The client has the right to refuse to purchase any stock components with the full knowledge and understanding that the removal of these components may possibly change or alter the aesthetics of the project. At the same time, the project will not contain any unapproved and un-paid stock components when delivered or prepared for production.
A proof of approval as well as a written email will notify and show the client the changes caused by the removal of all unapproved and/or un-paid stock components 321 Websites has the right to remove all stock components that have not been purchased and can deliver the rest of the client final-approved-project once the agreed Payment Schedule has been fulfilled.
It’s agreed by both 321 Websites and the client that all approved stock components must be purchased by the client before the project is completed for print production, delivery or web publishing. The client will assume responsibility and ownership of all purchased stock components (whether RM or RF) used in the project.
After the project has been delivered for production or to the client, 321 Websites will not be held liable or responsible for any unlawful use/alteration of stock components if such use/alterations are executed by another party or individual.
It is the client’s responsibility to maintain and uphold the rules and regulations that pertain to any used stock components within the project or design(s). For more information regarding RF and RM licensing and their use, please review the terms & conditions.
Rights-managed products are licensed on a use-by-use basis. The fee for using the product is calculated from several factors including size, placement, duration of use and geographic distribution. At the time you order a rights-managed product, you will be asked to submit information that will specify the usage rights to be granted.
When should I choose rights-managed products?
Customers generally choose rights-managed products when the image, film clip or audio file will be used for a high profile project
uch usage often connects a brand or a corporation’s identity to that particular image, clip or sound bite. Higher licensing fees prevent these products from ‘saturating’ the marketplace, thus helping to reduce potential competitive conflicts.
How are the fees calculated?
The fees and usage rights for rights-managed images are based on a specific project’s criteria: size of the image being reproduced, total print run, distribution, intended use, etc. For film clips the fees are based on usage, market and duration of use.
Royalty-free pricing is based solely on the size of the product you need, not the specific use. You don’t have to pay any additional royalties on a use-by-use basis. Once you purchase a royalty-free product, you may use it multiple times for multiple projects without paying additional fees. (Pornographic, defamatory, libellous or otherwise unlawful use of any image is, of course, prohibited.)
When should I choose royalty-free products?
“Royalty-free” means that you pay only once for an image, film clip or audio file that can be used for multiple projects over an unlimited period of time. Since royalty-free products are sold on a nonexclusive basis, customers often choose them as a complement to a design, rather than making them the primary focus.
Production Schedule / Delivery of Project
The client will assume any printing, hosting, binding, shipping or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. 321 Websites shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of 321 Websites. If such event(s) occur, it shall entitle 321 Websites to extend the completion/delivery date, by the time equivalent to the period of such delay.
Third Party Shipping
In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, colour separation, press work, or binding, 321 Websites will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
Claims for defects,damages, and/or shortages must be made by the client in writing within a period of seven (7) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.
Proofing of Final Project
321Websites shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final product. 321 Websites will provide a “Proof Approval Form” with every revision requested by the client. In order for the job to be delivered (to client, printing press, bindery, mail house or ”have it go live” in the World Wide Web), aside from agreed payment schedule, client must provide 321 Websites a signed “Proof Approval Form” stating the project is “OK As Is” for final production/delivery. If the client fails to provide the “Proof Approval Form” signed, 321 Websites holds the right to stop/hold the project no matter what its previously agreed/set deadline or schedule. It is agreed that 321 Websites is not responsible or held liable for any errors contained in the final product after the final product has been committed/approved by the client to print or posted in view of the public.
In the event of cancellation of the project, a cancellation fee of £100 shall be paid to 321 Websites. In addition, all ownership of all copyrights and the original artwork and disks shall be returned to/and retained by 321 Websites and a fee for work completed, based on the hourly rate of £40 and expenses already incurred, shall be paid by the client.
Once this proposal is agreed and signed, 321 Websites will issue the client with an invoice for the works set out in this proposal. Payment for all services is 100% of the cost upfront. Once payment has cleared into the bank account of 321 Websites, work will commence.
321 Websites “may” on certain occasions offer a part pay option. If this is the case the client agrees to pay 321 Websites 50% of the order value upfront. A further 25% will be paid when the client signs off the final design. The remaining 25% will be paid on completion of the project, before the final product is delivered (to client, printing press, bindery, mail house or ”have it go live” in the World Wide Web).
If anything goes wrong with the clients website, at any time within 30 days after launch 321 Websites will fix without any charge.
Minor content updates and revisions to the site (design, layout and functionality) within
30 days after launch and completion of the project are also covered free of charge. After the 30 days all additional work will be billed at a minimum of 1 hour’s work.
All efforts will be made to deliver this project within the desired delivery window as agreed previously between the client and 321 Websites.
Events that may delay final delivery or individual milestone delivery include:
- delays in receiving client approvals
- delays in receiving client feedback & revision notes
- delays in receiving partial payments to initiate project or individual completed phases
- delays in providing information or access to 3rd party accounts (hosting, merchant, etc).