TERMS OF SERVICE
The following Terms and Conditions of Service apply to all products and services provided by VISMARK® Consulting S.R.L. (hereinafter referred to as VISMARK®) and in the event of any dispute are governed by the laws of Romania.
All work is carried out by VISMARK® on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by VISMARK® on all design work including words, pictures, ideas, proofs, visual concepts 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 VISMARK®, unless specifically agreed in writing. VISMARK® reserved the rights to choose it`s clients.
Please contact us if you do not understand any of the terms and conditions in this document. Please also note that from time to time VISMARK® may need to alter these terms and conditions without notice.
'VISMARK® Consulting S.R.L.' or 'VISMARK®' means Vismark Consulting S.R.L. as , 'VISMARK®' or 'VISMARK®App'
'Client' means a person/s or company who engages VISMARK® for design and related services
'Quotation' means the design quotation provided to the client in writing by VISMARK®
'Project' means the scope and purpose of the client's identified usage of the work product as described in the quotation
'Service' and 'services' means the service/s and to be provided to the client by VISMARK®, as described and otherwise further defined in the quotation
'Deliverables' and 'materials' means the end product/s to be delivered by VISMARK® to the client, in the form and media specified in the quotation
'Website' means a connected group of pages on the World Wide Web regarded as a single entity, maintained by VISMARK®
The Website, the Services, and their contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website or in the Services, including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "VISMARK® Content,") are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any VISMARK® Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any VISMARK® Content or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
ACCOUNTS, PASSWORDS, AND SECURITY
The client is responsible for all activity that occurs via his account on VISMARK®App. The client must notify Customer Support immediately if becoming aware of any unauthorized use of his account. The client may not (a) Share his account information (except with an authorized account administrator) or (b) use another person's account. The account administrator may use the clients account information to manage the access to his projects, previews and proofs, chat messages, invoices, pin-tasks, contact details, personal information, billing information and passwords.
Only the clients of VISMARK® services can have an account. VISMARK® can create the clients account, for free, after he place the order. The account can be deleted on express request released in writing. VISMARK® reserves the right to close or delete the clients account with or without a notice.
COMMENCEMENT OF WORK
Agreement to work with, and submission of a design brief and payment of deposit to VISMARK® constitutes agreement to these terms and conditions. VISMARK® 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. VISMARK® will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
All Quotations are provided by VISMARK® free of charge and are valid for 30 days from the date of issue. Quotations that are not accepted within the time identified may be subject to amendment. All quoted are priced in Euros. Additional work which is outside the original scope and not provided for in the original quotation, is charged at an additional hourly rate of €20 to €35 per hour ex.
DESIGN PAYMENT TERMS
Charges for design services to be provided by VISMARK® 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.
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. 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.
Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by "The Client" this deposit is non-refundable. VISMARK® endeavours to provide design services that meet and exceed a client's needs and expectations, but in the event of a "change of mind" (after a project has commenced) by "The Client", the initial 50% deposit is forfeited, plus a prorata payment based upon the time spent.
The invoices which remain unpaid for 7 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. The client is responsible for all debt collection fees, legal fees and court fees that may be incurred as a result of the client's failure to pay invoices within 7 calendar days of date of issue. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.
VISMARK® and the client both acknowledge that during business dealings they may receive certain confidential information and materials of the other party. Each party, including its agents and employees, agrees to hold and maintain in strict confidence all confidential Information, shall not disclose confidential Information to any third party, and shall not use any confidential Information except as may be necessary to perform its obligations under the Quotation, and as may be required by a court or governmental authority.
Confidential Information does not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.
Every effort possible is made by VISMARK® to meet required deadlines. Additional charges may apply if VISMARK® is required to work outside of normal business hours in order to meet deadlines. It is the client's responsibility to notify VISMARK® of deadlines prior to the commencement of the project.
VISMARK® will not be liable or held responsible for any deadlines not met, or any costs incurred as a result, due to circumstances beyond VISMARK®'s control, such as illness, injury, client delay, or third-party or sub-contractor turnaround times. Final approval of art must also be provided to VISMARK® in writing before any work is released – verbal approvals cannot be accepted.
All concepts created by VISMARK® are presented in low resolution draft format for on-screen proofing. High resolution files are only released once full payment is received. VISMARK® exercises reasonable effort to proof and test deliverables prior to presentation. All concepts presented by VISMARK® are created to the very best of VISMARK®'s ability and knowledge. The client must confirm in writing or in VISMARK®App that they approve or require revisions to supplied proofs, within 14 days of receipt of proofs.
Any and all corrections, changes or amendments to a project must be provided to VISMARK® in writing or through VISMARK®App. Each quotation allows the client unlimited rounds of minor revisions to their project within 50 days of receipt of the first proofs. Any revisions or updates not nominated in the 50 days rounds of minor revisions, or otherwise accounted for in the quotation, are charged at an hourly rate of €20 to €35 per hour. Should the client choose not to proceed with the project, an invoice will be issued for work completed up to that date.
ERRORS & OMISSIONS
Whilst all care is taken by VISMARK® in producing proofs and final art, it is understood that the client assumes and accepts liability for any and all errors not corrected. The client is responsible for proof reading and identifying any errors or omissions, prior to final approval. Final artwork is not released to the client or third parties (eg. printers) until final approval of art is provided to VISMARK® in writing or through VISMARK®App – verbal approvals cannot be accepted. Should the client request a project reprint, the client is solely responsible for payment of all associated costs. VISMARK® cannot issue credit or refunds.
OFFSET & DIGITAL PRINTING
Files provided by the client to VISMARK® for use in high quality print reproduction, must be supplied as CMYK and at a minimum resolution of 300dpi at actual size. Additional charges may apply where VISMARK® is required to manipulate and convert client supplied files, to ensure they are press-ready.
VISMARK® thoroughly checks all images supplied, and provides advice to the client regarding reproduction quality, colour and stock. The client accepts that VISMARK® is not responsible for any client supplied images that do not print as expected. VISMARK® supplies files to print companies and other third parties for high quality reproduction, at a minimum of 300dpi at actual size, or as high resolution PDF's, and as per their required specifications.
Due to variations in computer settings, on-screen colour proofing may differ between monitors and devices, and can differ from the final printed result. The Client acknowledges that on-screen proofing is not an accurate representation of the final printed project, and that VISMARK® is not responsible for any colour variations that may occur between on-screen proofs and the final printed outcome.
Colour accuracy is best determined at the chosen print company, by the production of pre-press calibrated high resolution proofs. Depending upon the print company, such colour-accurate hard copy proofs may attract an additional cost, prices are available upon request. VISMARK® will happily press-check projects where feasible and where requested, to help ensure consistency and the best possible printed outcome. The client accepts that VISMARK® is not responsible for any print inaccuracies that may arise.
VISMARK® does not release or supply any working files used in the creation of a project (such as Adobe Illustrator, InDesign, Photoshop, Corel and so on). High resolution PDF's of a completed project can be supplied upon final payment, at the client's request. Upon project completion, VISMARK® securely backs up and stores all associated files for minimum 50 days. Should the client request the supply of any files more than 50 days after project completion, a small retrieval fee may be incurred.
USE OF IMAGES
VISMARK® can not use images that violate copyright. Client supplied images must be sourced from reputable stock photography libraries, or the client must be the copyright holder or have written permission from the copyright holder to use the image/s for commercial purposes. The client is fully responsable if the used images are violating the copyrights. VISMARK® can source professional stock photography as required. Professional stock photography that is no accounted for in the initial quotation attracts an additional cost which is payable by the client.
INCOMPLETE & CANCELLED PROJECTS
The client, within 14 calendar days of receipt of each proof, shall notify VISMARK® of any corrections, changes or amendments the client wishes to be made. Should the Client fail to contact VISMARK® within 14 calendar days of receipt of proof/s, and notify VISMARK® of any corrections, changes or amendments, or of final proof approval, VISMARK® reserves the right to consider the project finalised, and issue an invoice for payment of work completed. In the event of a project termination by either party, VISMARK® will issue an invoice for all work completed up to the date of cancellation, and payment of this invoice is required by the Client.
Quotation pricing includes VISMARK®'s fees only. Any and all third party costs will be invoiced to the client, unless specifically otherwise provided for in the quotation. Such outside costs include, but are not limited to, postage and packaging, freight and shipping, courier fees, high resolution proofs from chosen offset printer, offset printing, digital printing, photocopies, artwork burnt to disk, sub-contractor's costs and fees, stock photography, photography and or artwork licenses, online access or hosting fees, parking fees, tolls, taxi fares and public transportation fares.
VISMARK® retains the right to publish and display any client projects in VISMARK®'s portfolio, website, design periodicals, and other media or presentations.
QUESTIONS OR CONCERNS
If you have any questions or concerns regarding our terms of services, please send us a detailed message on email, at firstname.lastname@example.org. We will make every effort to resolve your concerns.
S.C. Vismark Consulting S.R.L., 5 Baraganului Street, Ap. 41, Zip Code 810453, Braila, Romania
Phone +4 031 101 10 72
Effective Date: December 5, 2016