CWM Studios - Business Terms & Conditions
The following terms and conditions apply to all business development and marketing services provided by CWM Studios to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
A quotation for the proposed work will be provided via email to the Client. The quotation is valid for a period of 30 days.
Once the quotation has expired, CWM Studios reserves the right to cancel or alter the quotation. Alterations may include, but are not limited to:
A change in price on a per-item/service basis;
A change in projected completion dates/times;
Removal of services from the quote.
Should the Client wish to continue to use services provided by CWM Studios following the expiration of the initial quotation, the amended quotation will be emailed to the Client for approval. Refreshed quotations are valid for a further 30 days. Upon expiration of a refreshed quotation, CWM Studios reserves the same rights as those outlined above.
An invoice (or invoices) is provided to the client upon acceptance of the quotation and completion of the contract. The due date for invoices is seven (7) standard days from the issue date. Should the Client be undertaking monthly services (see below) from CWM Studios, the due date for the invoice dictates the billing cycle for ongoing services.
Payment is to be made by bank transfer. Bank details for transfer are made available on invoices sent to the Client.
2.3 Monthly Services
Monthly services provided by CWM Studios are on a rolling-contract basis unless otherwise stated within the business contract provided to the Client. Clients on a rolling contract from CWM Studios retain the right to cancel at any time, up to and including five (5) working days prior to the next billing cycle.
2.4 Individual Services
2.4.1 Quotations up to and including £500
Unless otherwise agreed with the Client, advance payment is to be made equal to fifty (50) percent of the quotation total. A second, final charge (fifty (50) percent) will be made upon completion of the project, prior to release of the project.
2.4.2 Quotations over £500
Unless agreed otherwise with the Client, an advance payment is to be made, equal to forty (40) percent of the project quotation total before the work is supplied to the Client. A second charge of thirty (30) percent is required after the development stage, with the remaining thirty (30) percent of the project quotation total due upon completion of the work, prior to release of the project.
2.4.3 Project Release
Release of the project may include any (or all) of the following:
Emailing of art assets;
Delivery of printed materials (stationery, business cards, etc.);
Uploading of files in order for a website or web application to ‘go live’;
Reports associated with website statistics, search engine optimisation, email campaigns, advertising campaigns.
3. Client Review
CWM Studios believes in providing opportunities for the Client to review the appearance of any graphical work undertaken as part of their contract. This includes, but is not limited to; website designs, business card designs, branding work, email newsletters, email templates.
Upon completion of the project, any design or graphical work undertaken by CWM Studios will be deemed to have been accepted and approved by the Client, excepting in the circumstance of printed media, whereupon the Client must notify CWM Studios within five (5) working days of the project completion.
4. Turnaround Time and Content Control
CWM Studios will meet deadlines specified within project proposals pending payment from the Client, as outlined in section 2, unless a delay is specifically requested by the Client.
The Client agrees to delegate a single point of contact to aid CWM Studios in progressing the project in a satisfactory and expedient fashion.
During the process of the project, CWM Studios may require the Client to provide text, images, movie files and sound bites.
5. Failure To Provide Required Content
CWM Studios asks that you provide all the required information in advance. On any occasion where progress cannot be made with your project as a result of not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
If you agree to provide us with the required information and subsequently fail to do so within one week (five (5) working days) of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
Invoices will be provided by CWM Studios at the predefined payment stages of the project. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due within seven (7) days of the issue date. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of either: one and one-half percent (1.5%) or £30 per month of the total amount due; whichever is higher.
7. Additional Expenses
The Client agrees to reimburse CWM Studios for any additional expenses necessary for the completion of the work. This includes, but is not limited to:
Purchase of licenced fonts;
Purchase of stock photos and other imagery.
8. Web Browsers
CWM Studios takes great care in ensuring digital media is accessible to the widest possible audience.
Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.).
Email templates and email newsletters are designed to ensure a uniform and appealing layout is present in popular current email clients (e.g. Outlook 2003+, Mozilla Thunderbird etc.)
Though every effort is taken to ensure maximum compatibility, the Client agrees that CWM Studios cannot guarantee complete functionality and 100% accurate graphical representation with all browser software across different operating systems.
Likewise, CWM Studios will not accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on the CWM Studios servers, CWM Studios will, at its discretion, remove all such material. CWM Studios is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay CWM Studios reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by CWM Studios in enforcing these Terms and Conditions.
Termination of monthly services by the Client must be requested either in a written notice or via email a minimum of five (5) working days prior to the next billing cycle.
For termination of individual services not in a monthly rolling-contract, the Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within seven (7) days.
All CWM Studios services may be used for lawful purposes only. You agree to indemnify and hold CWM Studios harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants CWM Studios the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting CWM Studios permission and rights for use of the same and agrees to indemnify and hold harmless CWM Studios from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for services shall be regarded as a guarantee by the Client to CWM Studios that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by CWM Studios to return to the Client any images or printed material provided for use in creation of the Client’s project, such return cannot be guaranteed.
14. Design Credit
For digital media, such as websites or email newsletters, a link to CWM Studios will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall design. The Client also agrees that the project may be presented in CWM Studios portfolio.
15. Access Requirements
If the Client’s project is to be installed on a third-party server, CWM Studios must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
CWM Studios cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to:
17. Domain Names
CWM Studios may purchase domain names on behalf of the Client, and these are always registered under the Client’s name. Payment and renewal of domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of CWM Studios. While every effort is made by CWM Studios to ensure that the Client is aware of any upcoming domain name renewals, the Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Governing Law
This Agreement shall be governed by English Law.
CWM Studios hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of CWM Studios to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision.
Due to the wide-ranging services offered, CWM Studios understands that it may be necessary for amendments to be made to the above Terms and Conditions on a case-by-case basis. In any such instance, any terms laid out below supersede any made prior to this statement.