Terms and Conditions
The following Terms and Conditions apply to all products and services provided by Pencil Avenue. All work is carried out by Pencil Avenue on the understanding that the Client has agreed to Pencil Avenue’s Terms and Conditions.
Commencement of Work
At the time of project proposal, Pencil Avenue will provide the Client with a written quote. Acceptance of quote constitutes agreement to these Terms and Conditions. A copy of the written quote is to be signed, dated and returned to Pencil Avenue before and project work commences.
Payment and Default
Charges for services will be set out in a written quote provided to the Client. The Client agrees to pay any invoiced amount within 30 days of receipt of an invoice. A non-refundable deposit of 30% of the total project cost will be invoiced at the commencement of the project. Project work will only commence once this deposit has been received. The remaining balance will be due upon completion of project work. Release of project work may not take place before cleared funds have been received. Accounts which remain outstanding beyond this date will incur an additional charge of 2% per week of the outstanding amount. A Client shall be considered in default if outstanding payments remain unpaid for 60 days from the date of invoice or the Client has stated expressly that they do not intend to make payment. Pencil Avenue reserves the right to suspend any and all services provided to the Client by Pencil Avenue and employ debt collection measures until the total outstanding balance has been paid in full.
Alterations
Unless otherwise stated, project work includes one set of major changes and a second set of minor alterations. Pencil Avenue will give the Client prior notice should work exceed that which is outlined in initial quote. If work undertaken exceeds the work outlined in the quote, the Client agrees to pay appropriate fees for excess work, charged at Pencil Avenue’s current hourly rate. Pencil Avenue holds no responsibility for any amendments made by any third party, before or after project work is published.
Copyright and Trademarks
Unless otherwise stated, Pencil Avenue retains the exclusive right to retain and reproduce any materials produced from the project work outlined in the quote. Pencil Avenue may release copyright ownership to the Client for a proposed copyright fee. This does not include preliminary designs that are not approved by the Client. Pencil Avenue retains the right to use completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and marketing materials. By supplying materials to Pencil Avenue, the Client declares that it holds the appropriate intellectual property permissions. The ownership of such materials will remain with the Client or respective owner. The Client agrees to fully indemnify and hold Pencil Avenue free from harm in any and all claims resulting from the Client not having obtained all the required copyright or other necessary permissions.
Print - Colour Variations
With all printing there may be some colour variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Pencil Avenue.
Project Cancellation
It is agreed that the project may be cancelled by the Client by written notification. Should the Client breach this agreement or payment terms, Pencil Avenue also reserves the right to cancel the agreement by written notification. Pencil Avenue retains the right to invoice the Client for all work completed up to the date of receipt of the written cancellation. The Client must then follow payment procedures as indicated above.
Liability
Pencil Avenue makes no warranties of any kind, express or implied, for any products or services that it provides. It is agreed that all work and materials provided for the Client by Pencil Avenue will be free and clear of all liens and encumbrances and may be lawfully used by the Client without infringing upon the rights of others. Under no circumstances shall Pencil Avenue be liable to the Client for an indirect or consequential loss suffered by the Client relying on the information included in the materials prepared by Pencil Avenue. Pencil Avenue reserves the right to use the services of subcontractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions.
Website Projects
Pencil Avenue does not offer in-house hosting or domain registration services. No guarantees will be made with regards to quality of hosting service, search engine acceptance and ranking or domain availability. The Client agrees to allow Pencil Avenue all necessary access to computer systems, usernames and passwords in order to complete a website project and until all due funds are cleared. The Client agrees to allow Pencil Avenue to place a link to Pencil Avenue’s own website on the Client’s website. This will be in the form of a small logo or line of text placed in the footer or towards the bottom of each website page.
Rights of Refusal
Pencil Avenue will not include in its designs, any written or visual material or other data which it deems to be offensive or illegal. All advertising material must conform to standards laid down by all relevant authorities. The Client agrees to allow Pencil Avenue to remove any materials later found to contravene these Terms and Conditions without hindrance or penalty.