A document containing the above terms and conditions will be supplied via email along with the first invoice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Hot Waffle and validated by written acceptance on the estimate or quotation, constitutes acceptance to comply fully with all the Terms and Conditions and forms a Contract for Business between the client and Hot Waffle.
The following Terms and Conditions of Service apply to all artwork, graphic design, print and Web design services provided by Hot Waffle.
Rights: All services provided by the designer shall be for the exclusive use of the client other than for the designer’s promotional use. Upon payment of all fees, the following reproduction rights for all approved final designs created by the designer for this project shall be granted:
- Client to gain full transferable rights to brand identity.
- Client to gain full license to reproduce works through commercial printers.
If multiple design concepts are submitted, only one concept is deemed to be given by Hot Waffle as fulfilling the contract. All other artwork designs remain the property of Hot Waffle, unless agreed in writing.
The following Terms & Conditions govern all work on acceptance of our set packages or bespoke quotations.
Ownership: The client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee.
Third party contracts: The designer may contract with other creative professionals to provide services such as web development, photography, and illustration. Any third party terms and conditions will include full reproduction rights for the client.
Communication Hot Waffle can be reached by telephone from Monday to Friday between 9am and 5pm. E-mail or skype are also acceptable forms of communication.
The client will make a 50 percent payment prior to work commencing. The project can be scheduled once the down payment is received by the designer. The down payment is non-refundable. The remaining 50 percent is payable to the designer upon completion of the project, and before original artwork is supplied to the client.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable at the time of project acceptance.
Hosting charges will become payable on completion of migration of an existing website or completion of a new website design project.
If, after the project has commenced, subsequent invoices are not paid within 30 days, a 5 percent “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring 30 day period until the full amount has been received by the designer.
Cancellation of orders may be made initially by telephone contact, or acknowledged e-mail, however, following this, Hot Waffle will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Hot Waffle within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Copyrights and Trademarks
By supplying text, images and other data to Hot Waffle for inclusion in the customer’s brochure 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.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that Hot Waffle 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 Hot Waffle, 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 Hot Waffle and any of its relevant sub-contractors.
Design Project Duration
Any indication given by Hot Waffle of a design project’s duration is to be considered by the customer to be an estimation. Hot Waffle 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 of the deposit are received by Hot Waffle.
The customer agrees to allow Hot Waffle to place a small credit on printed material, exhibition displays, advertisements and/or a link to Hot Waffle’s 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.
Samples: The client shall provide the designer with samples of print design that result from the project deliverables. Such samples shall be representative of the highest quality of work produced. The designer may use such copies and samples for publication, exhibition, or other promotional purposes.
The designer shall have the right to photograph all completed designs or installations and shall have the right to use such photographs for publication, exhibition, or other promotional purposes.
Confidentiality: The client shall inform the designer in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.
Indemnity: The client agrees to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.