TERMS & CONDITIONS

Service Terms and Conditions Graphic Design

Michael’s Creative Designs Terms and Conditions have taken a lot of time and effort to put together. They include everything our clients need to know regarding our services. It is imperative that they be studied and well understood. All these terms and conditions are binding and applicable to all our clients.

At Michael’s Creative Designs we pride ourselves in quick but efficient use of various software in designing awesome products. We are committed to excellence and because client satisfaction is one of our top priorities, we respond to our Clients creative needs, by offering innovative designs and friendly service.

Most importantly these terms and conditions have been adapted through years of design experience and are tailored to protect a productive and trustworthy working relationship between The Client and Michael’s Creative Designs.

RIGHTS AND OWNERSHIP:

All products remain the property of Michael’s Creative Designs, until 100% of the charged fee has been paid.
No artwork will be supplied without full payment.
The Client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee.

CLIENT FEEDBACK:

The Client should be prepared to offer some initial feedback as to how closely the suggested designs meet with their general needs and expectations.
The Client should select the design strategy that best suits their needs and assemble and deliver a list of any desired discussion points for revision (if necessary) to Michael’s Creative Designs.
The Client is more than welcome to combine elements from the different looks to create a FINAL look within two revision rounds. The Client will then approve/signoff on the final design strategy.

THIRD PARTY CONTRACTS:

Michael’s Creative Designs are not responsible for contracting other creative professionals to provide services that are not offered by the company.
No project will commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement, unless requested by The Client at a later date.
References for such services can be supplied by Michael’s Creative Designs built on previous trust and successful projects with suppliers.
Third Parties to consider:

Photographers
Copy Writers
Printers

NB: Michael’s Creative Designs shall not be held responsible for any loss or damages occurring to artwork sourced from third parties. Clients shall have the responsibility to check final artwork and require proof prints through suppliers before commencing with projects.

PAYMENT:

The Client is required to pay a non-refundable 50% deposit prior to work commencing.
The project will only be scheduled and uploaded to the workflow system once the down payment is received by Michael’s Creative Designs.
The remaining 50% is payable to Michael’s Creative Designs upon completion of the project, before the original artwork and open file format will be supplied to The Client. Any use of the artwork prior to receiving payment is not allowed.

DELAYED PAYMENT:

If, after the project has commenced, proofs have been sent through and completed within 30 days, subsequent invoices are not paid within 30 days, a 10% “delayed payment” fee will be charged.
This initial 10 % figure will be added upon each recurring 30-day period until the full amount has been received by Michael’s Creative Designs.

REVISIONS ADDITIONS AND ALTERATIONS:

All projects include a maximum of two Revision Rounds and shall be as stated on quotations.
Should extra revision rounds be required a separate quotation shall be supplied accordingly.
Should the revisions, additions and alterations be so much that they substantially change the specifications described in the determination of the quotation, a befitting quotation shall be developed and submitted to The Client.

CANCELLATION:

The following works shall be considered cancelled:
The Client expressly communicates termination
Within fourteen (14) days of agreement, The Client does not pay the 50% deposit required to commence work.
In the case of The Client communicating termination of interest, a cancellation fee for work commenced or completed shall be paid by The Client, with the fee based on the stage of project completion. Such a fee will not exceed 100 % of the total project cost. Such a fee will be based on hours already spent on the project.

ERRORS & OMISSIONS:

Michael’s Creative Designs is not responsible for proofreading any designs. The Client is responsible to check proofs and other deliverables carefully for accuracy in all respects, ranging from spelling to technical illustrations. Michael’s Creative Designs is not liable for errors or omissions authorised by The Client.
The Clients’ signature or go-ahead e-mail, or that of the authorised representative is required on all artwork prior to release for printing, digital publication or submission and nothing therein shall be considered an error or omission.

FILE FORMATS:

Fully paid for designs will be supplied to The Client in PRINT READY JPEG, PNG AND PDF.

BACKUP:

Michael’s Creative Designs shall not be responsible for the loss of any backups of any Final Designs once supplied to The Client as stated above.

DEADLINES:

In order for us to meet any deadlines set by you, it is important that you hit every deadline, too. We will rely on you to keep the project going with your approvals and sign-offs, Out-of-contact time and delays in approvals will directly affect the project schedule, necessitating our moving deadlines and milestones back accordingly, but note that payment milestones will remain as scheduled. By agreeing to this document, you acknowledge your responsibilities in keeping the project on-schedule, and we will do the same.

If The Client fails to deliver necessary content, resources, or feedback by the time Michael’s Creative Designs deems crucial to any deadline, all deadlines and milestones (except payment milestones) will be adjusted accordingly.

The Client’s failure to meet timeline/milestone or content obligations for a period of 7 days or more will result in reallocation of The Agency’s resources and work on the project will be delayed or may cease.

PROMOTION:

Michael’s Creative Designs has the right to use the digital format of all completed designs for publication or other promotional purposes and for these purposes only.

COMMUNICATION:

Michael’s Creative Designs can be reached by telephone or email from Monday to Saturday between 8:00am and 6:00pm or by a best schedule appointment agreed upon. All revisions are to be supplied ONLY in written format (e-mail), no revisions will be commenced, based on telephonic requests/ discussions.

CONFIDENTIALITY:

Designer acknowledges that he may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Designer agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Designer before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Designer can display materials and final work created for Client on the Designer’s website.

The Client must inform the designer in writing before the project commences if any portion of any material or information provided by The Client is confidential.

Service Terms and Conditions Web Design

PROJECT SPECIFICATIONS

The Client must supply the Project Specifications to Michael’s Creative Designs in order for us to issue an accurate and binding quotation.
If the Client requires further assistance with creating Project Specifications, we are willing to assist the Client.

AGREEMENT

Quotations/invoices do not include domain name registration or hosting fees unless otherwise specified. Domain name registration & hosting fees will be billed for separately.
The Client acknowledges acceptance of the Quotation and these Terms and Conditions by paying 50% of the total quoted South African Rand (ZAR) value as deposit to Michael’s Creative Designs stipulated bank and account details as provided.
Deposit(s) are non-refundable and non-negotiable.
Products and/or services as described in the Quotation will only commence, once the Client’s deposit has been confirmed as received by Michael’s Creative Designs.
In order to deliver these products and/or services within the projected time-frames, the Client’s co-operation is paramount.
Michael’s Creative Designs can not be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.
Michael’s Creative Designs endeavour to make websites that perform well in current major browsers, but can not guarantee backward compatibility (i.e. functionality on older devices and software).

REQUIRED DOCUMENTATION

Required documentation refers to any and all information necessary for the timeous commencement and delivery of products and/or services as described in these Terms and Conditions.
The Client is to provide all Required Documentation electronically to Michael’s Creative Designs, within 10 (ten) calendar days after the Invoice date confirming the received deposit, to initiate work on aforementioned quoted products and/or services, unless they are to be created as part of the project.
If the Client does not supply Michael’s Creative Designs with the Required Documentation within 20 (twenty) calendar days from Invoice date, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with us.

COPYRIGHTS

The Client has to ensure they have the Copyright for all material supplied.
Michael’s Creative Designs, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s products and/or services, will not be held responsible for any Copyright disputes.
If and when Michael’s Creative Designs are informed that material was provided without the required Copyright, illegal content will be removed immediately and the Client will be billed with the cost thereof.
Michael’s Creative Designs does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.

WRITTEN CONTENT

Unless otherwise specified in the Quotation, the Client shall supply all content wording to be published in accordance with the specified products and/or services.
Written Content must be supplied by the Client in formatted text (as the Client specifies it to appear), unless otherwise agreed to by Michael’s Creative Designs to design the layout thereof.
A Guide to Design a Website can be supplied to the client in PDF format if required.

GRAPHIC IMAGES & PHOTOGRAPHS

Unless otherwise specified in the Quotation, the Client shall supply all Graphic Images to be published in accordance with the specified products and/or services.
Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format.
Photographs supplied by the Client must be of high digital quality and applicable format.

HOSTING & DOMAIN NAME REGISTRATION

Hosting & Domain Name Registration must be paid in full for 12 months. Thereafter once every 12 months.
No refunds will be given on either Domain Name Registration or Hosting.
Disk over-usage will be charged at the appropriate rate at that time, Invoiced to the Client’s account and must be paid within 7 (seven) calendar days after Invoice date thereof.
Hosting cancellations are only accepted in writing or e-mailed to michaelscreativedesigns@gmail.com, on or before the 1st of the new month as it carries a calendar month notice period.

HOSTING VIA A THIRD PARTY SERVICE PROVIDER

The Client has to provide Michael’s Creative Designs with their Cpanel, FTP and database details to upload onto Michael’s Creative Designs software.
If the Client uses a Third Party Service Provider the Client will enter into an agreement directly with that Third Party Service Provider.
Michael’s Creative Designs will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as we do not have control over the status of hosting, domain renewals or e-mail.

SEARCH ENGINE OPTIMIZATION (SEO)

Michael’s Creative Designs can not guarantee search positions or rankings of websites, but include Search Engine Optimisation (SEO) in the form of meta tags and descriptions, structure and basic content recommendations.

E-COMMERCE

Michael’s Creative Designs will only load 30 products on the website on the Client’s behalf. However, the Client will be able to load unlimited products.

2. Should the Client require Michael’s Creative Designs to load more than the aforementioned 30 loaded products, Michael’s Creative Designs will issue the Client a Quotation accordingly.

REVIEW AND CHANGES.

On design completion of the Client’s website, the website will be activated for 2 (two) working days, in order for the Client to preview and respond with amendments and/or improvements, within these 2 (two) working days, in writing by e-mail.
Hereafter the Client’s website will be reverted to “Under Construction” status until these amendments and/or improvements, or other adjustments have been made.

BALANCE OF PAYMENT

The Client is required to e-mail the Proof of Payment to Michael’s Creative Designs, which will be reciprocated with a Statement, allocating payment to said Invoice, to the Client, when said funds are confirmed by Michael’s Creative Designs.
All work remains the property of Michael’s Creative Designs until the full and final payment is received.

COMPLETION DATE

Activation of the Client’s website is conditional to the Terms & Conditions stated above.
The Completion Date of a project is affected by feedback and received content from the Client. Time-frames will be adjusted within reason, notwithstanding these Terms & Conditions.

3. The Client will be notified when the website is activated, and then the Client will have 2 (two) working days to report any faults or request minor alterations (within the initial Agreement), in writing by e-mail.

4. Should Michael’s Creative Designs not receive a reply within 2 (two) working days via fax or e- mail, the Client’s website is considered finalised and complete. Therefore, Michael’s Creative Designs take no responsibility for website content errors hereafter.

5. Please note that any further adjustments or amendments after this date will be at an additional cost as set out below.

ADDITIONAL WORK

Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement, will be billed monthly in accordance to these Terms and Conditions, quoted and agreed to.
All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
Scope creep (Scope Creep is when we find we are committing our time and energy to a project, only to discover that our clients responsibilities and expectations are growing far beyond the initial requirements.) will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Specifications with Michael’s Creative Designs remain the responsibility of the Client.
Michael’s Creative Designs may suggest Additional Work for the Client’s project, including but not limited to graphic design, software, etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or Michael’s Creative Designs will issue the Client a Quotation accordingly.

SERVICE AGREEMENT

A restoration fee in accordance to these Terms and Conditions, quoted and agreed to, will be billed when having to restore a website.
Michael’s Creative Designs commit to respond to any technical error, which may be the result, of design software or any plausible fault, omission or neglect on their part within this agreement(s), within 7 working days.

3. Michael’s Creative Designs are not liable to Client(s) or responsible for said products and/or services of Client(s) whose accounts are not paid up to date.

INVOICES AND STATEMENTS

Michael’s Creative Designs are not a credit service provider and does not grant any credit facilities whatsoever.

LEGAL COSTS

Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Michael’s Creative Designs legal representative(s), and the full outstanding balance becomes payable.
All legal cost resulting of non-payment will be accrued to the Client’s outstanding balance.

CANCELLATIONS

Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% deposit will be billed to the Client. This is payable within 7 (seven) calendar days of Invoice date.
Hosting and Domain Fees are non-refundable, as these are paid in advance.
Michael’s Creative Designs reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.

SECURITY

Michael’s Creative Designs will not be held liable for any viruses, hacking, malicious content or any Security breaches pertaining to any third party applications or to the Client’s website.
Michael’s Creative Designs Hosting service provider may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third party application or website.

GENERAL

Michael’s Creative Designs reserves the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies or any other third party agreements.
These Terms and Conditions are legally binding as incorporated on Michael’s Creative Designs own website , and date of signing a product and/or service delivery Agreement(s) with Michael’s Creative Designs.

Service Terms and Conditions

IT Support

Michael’s Creative Designs is a business concern that provides maintenance, support, consulting, networking solutions in the field of information technology The Services provided to the customer, are subject to the following terms and conditions.

In the interests of a fair and pleasant experience with FIX I.T. kindly ensure that you have read and understood the terms and conditions hereunder.

GENERAL INTERPRETATION

Michael’s Creative Designs refers to the service provider.
“Customer” refers to the party entering into this agreement with Michael’s Creative Designs in respect of goods supplied to it of services rendered to it by Michael’s Creative Designs at its special instance and request;

RATES AND TURNAROUND TIME

Michael’s Creative Designs will provide the Customer with a quote in respect of the services to be rendered and/or product to be purchased.
Upon the Customer being satisfied with and accepting the quoted price, Michael’s Creative Designs through its duly authorised representative shall, verbally or in writing, confirm its acceptance.

CANCELLATION

Michael’s Creative Designs must be notified of any appointment cancellations, by no later than 24 hours, prior to the appointment. FIX I.T. reserves the right to invoice any customer when cancellation of the appointment occurs, less than 24 hours (twenty four) prior to the appointment.
The “no fix, no fee” policy applies to home users and to business users.

PAYMENT

The customer is liable and will pay Michael’s Creative Designs the amount invoiced by its duly authorised representatives. This amount is due to Michael’s Creative Designs from the time the invoice is presented or sent to the customer subject to the content hereof, where applicable.

LIABILITY

Michael’s Creative Designs accepts no liability in respect of any problem(s) it is not able to remedy due to any matter beyond its control. Including, but not limited to, the age, specification or condition of the customer’s hardware and or software. As well as a customer’s failure to provide appropriate software disks, drivers, product serial numbers or any fault with the customer’s Internet Service Provider (ISP).
Should the customer require a full back-up of any hard-drive prior to Michael’s Creative Designs commencing its services, the customer shall inform Michael’s Creative Designs of same and shall be liable for the cost thereof at a rate to be determined by Michael’s Creative Designs.
The customer hereby confirms that Michael’s Creative Designs shall not be liable for any data lost as a result of Michael’s Creative Designs rendering the services requested by the Customer.
Furthermore Michael’s Creative Designs shall, under no circumstances, be liable, either in contract, tort or otherwise for any damage or injury caused to the customer, its employees, agents or any third parties. Including, without limitation, any direct and or indirect or consequential damages, expenses, costs, profits, lost savings, earnings, interruption to business activity, lost or corrupted data or other liability arising out of or related to the products and/or services provided by Michael’s Creative Designs.

CONFIDENTIALITY

Michael’s Creative Designs will maintain the confidentiality of the customer’s files and or data.
Michael’s Creative Designs reserves the right to refuse the provision of services to the customer for any reason, inclusive of, but not limited to, the presence of unlicensed or illegal software and or material of an obscene or pornographic nature on a customer’s computer.
Michael’s Creative Designs cannot be held liable in instances whereby the Customers product and/or property (brought in for repair/service etc) is hacked or subject to internet terrorism.

COMPLAINTS POLICY

In the event of any dissatisfaction with the product or service provided the Customer should immediately contact Michael’s Creative Designs, where after Michael’s Creative Designs will endeavour to rectify any problems which may exist within reason and part of the original repair service issue.

GENERAL TERMS AND CONDITIONS

This Agreement represents the entire Agreement between the Customer and Michael’s Creative Designs.
This Agreement, only become binding only when accepted by the duly authorised representative of Michael’s Creative Designs.
This Agreement is applicable to all employees and subcontractors utilised by the Michael’s Creative Designs.
This Agreement is final and binding and is not subject to any suspensive or resolutive conditions.
No alteration, addition, waiver variation or cancellation of whatsoever nature may be effected to this Agreement, unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorized representative of the Michael’s Creative Designs.
The Customer acknowledges that it does not rely on any representations made by Michael’s Creative Designs in regard to its products and services, or qualities thereof, leading up to this Agreement other than those contained in this Agreement. All specifications, price lists and other technical data furnished by us in respect of products or services, whether orally or in writing will not form part of this Agreement in any way unless agreed to in writing by Michael’s Creative Designs.
The Customer agrees that neither Michael’s Creative Designs nor any of its employees will be liable for any negligent or innocent misrepresentations made to the Customer.
All quotations will remain valid for a period of 10 (TEN) working days from the date of the quotation.
Delivery and performance times quoted are estimates and are not binding on the Supplier.
All quotations are subject to the availability of input goods or services and subject to correction of good faith errors by the Supplier, and the prices quoted are subject to any increase in the cost price, including currency fluctuations, to the Supplier before acceptance of the order.
It is the responsibility of the Customer to determine and satisfy itself that the products and/or services ordered by it are suitable for the purposes of intended use. The Supplier gives no warranty, express or implied, relating to the suitability of the products supplied for any purpose of whatsoever nature.
Michael’s Creative Designs reserves the right, at its sole discretion, to provide alternative products at the prevailing prices to those ordered by the Customer, should those products have been superseded, replaced or otherwise become unavailable.
All products sold are sold with the warranty applicable to it. In cases where products do not make provision for a warranty such products are sold voetstoets with no warranty against latent defects. All other guarantees, including common law guarantees, are hereby specifically excluded.
Michael’s Creative Designs shall not be held responsible for imperfections in the service rendered to the Customer due to any defect in or the unsuitability of material or equipment not supplied by Michael’s Creative Designs. All extra costs incurred through the use of defective materials or equipment supplied shall be for the Customer’s account.
Michael’s Creative Designs shall not be liable for any damage arising from any misuse, abuse or neglect of products or services under any circumstances whatsoever.
All orders are subject to cancellation by Michael’s Creative Designs due to Acts of God, or from any cause beyond the control of the Supplier, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, or by reason of an Act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.
The completed product will be collected by the Customer when ready and the Customer shall not refuse or delay to take delivery.
The Customer agrees to establish, immediately upon delivery, that the products and services appearing on the invoice/receipt or other documentation supplied by Michael’s Creative Designs, correctly represents the products, or services, and prices agreed to and are free of defects.
All products supplied by Michael’s Creative Designs remain the property of the Supplier until such products have been fully paid for whether such products are attached to other property or not.
All discounts shall be forfeited if payment in full is not made on the due date.
The Customer hereby gives his/ her consent for a credit check.
Outstanding accounts are subject to default listing on a national credit bureau database.
The Customer also consents that the Supplier may use a national credit bureau database for tracing, should the Customer abscond from settling its account in full.
The Customer agrees that interest shall be payable to FIX I.T at a rate of 9% per annum on any amounts in arrears, and that interest shall be calculated daily and compounded monthly from the date of mora.
The Customer irrevocably authorizes the Supplier to enter its premises to repossess any products delivered, without court order, and indemnifies the Supplier completely against any damage whatsoever, relating to the removal of repossessed products.
Any order is subject to cancellation at the instance of FIX I.T in the event that the Customer breaches any term of this Agreement.
The Customer hereby consents that any items left in the possession of FIX I.T. will be sold after a period of three months to defray costs.

Service Terms and Conditions Video Editing & Production

PRODUCTION FEES & ADDITIONAL CHARGES:

1. The Client shall pay to Michael’s Creative Designs the Production & Editing Fee, together with all Additional Charges arising.

2. Subject to any special conditions of payment that may be agreed in writing between the parties to this Agreement, 50% of the Production Fee shall be payable when the Client has made a confirmed booking in writing and prior to commencement of pre-production. The remaining balance of the Production & Editing Fee shall be payable upon completion of the project, before the completed video will be supplied to The Client. Any use of the video prior to receiving payment is not allowed.

3. Michael’s Creative Designs production fees shall be exclusive of disbursements and expense items related to the agreed productions and editing such as messenger services, postage, photocopying, photography and prints, disk or tape duplications, creation of audio and video streaming files, music licences, Electronic file media, hard drives, memory sticks, travel accommodation, subsistence, and similar items which will be invoiced to the client on the relevant project, or separately as necessary.

CLIENT REQUIRMENTS & INFORMATION:

1. The client’s requirements must be clearly provided to Michael’s Creative Designs in writing before commencement of work. Under normal circumstances one ‘first cut’ edit will be available for the Client for review and comment. One set of revisions will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief. All revisions must be signed off without delay. Subsequent revisions or significant re-edits will be charged at a rate of R500 per day or part thereof.

2. A production will only be publicly released by Michael’s Creative Designs once the client approves all content as complete and satisfactory and confirms this in writing.

3. In the event of the Client wishing to change or cancel the filming or editing date we require a minimum of 2 weeks’ notice. Failure to comply will result in the Client becoming 100% liable for all costs associated with the originally scheduled dates.

4. In the event of filming being delayed or aborted due to the Client’s failure to adhere to the agreed dates, times, access, facilities, organisation or any other matter specified in the production brief, we reserve the right to re-schedule the affected days of filming and to charge for any additional costs which arise. No refund or credit will be given in respect of costs associated with the delayed or aborted original filming day(s).

5. When a client terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by Michael’s Creative Designs unless any other written agreement is reached in advance.

CONTENT, COPYRIGHT & OWNERSHIP:

1. Michael’s Creative Designs reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or otherwise illegal.

2. Should such a submission occur, the client will be advised which information was deemed unsuitable, and requested to amend the information. If the client can show good reason to use the “unsuitable” information, its inclusion may be considered.

3. Michael’s Creative Designs cannot be held liable for loss or damage caused as a result of third party action or failure.

4. Michael’s Creative Designs cannot be held liable to any party for any errors on any medium after the client has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.

5. Client contracts may be modified by agreement in writing at any time to add or delete services to better fit the client’s needs.

6. If a project requires additional content this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding.

7. E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes and projects.

8. Michael’s Creative Designs asserts its full rights as copyright owner of all material that has been captured, processed and/or produced by us, whether or not such material forms part of a finished project. The copyright of all produced material is solely owned by BCL and is protected under South African law with full title guarantee all the present and future copyright and other intellectual property rights howsoever arising in the content.

9. Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies Michael’s Creative Designs against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material.

We retain all rights to the usage of footage captured during the production of any client-commissioned project. As part of our video production service, we will grant a time-unlimited licence for use of that footage to the Client subject always to the following express condition:

Michael’s Creative Designs retains all copyright over any content we produce. A usage licence grants the Client permission to use the content in the state in which we provide it to the Client. Permission is not granted to re-edit, copy or alter the content in any way.

We reserve the rights to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.

Michael’s Creative Designs assigns to the Client a licence to use the video production in its complete delivered form only. We do not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing.

Provided that all monies due to us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a perpetual usage licence relating to the video material in its delivered form.

We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.

10. Any confidential or proprietary information which is acquired by Michael's Creative Designs from a client company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, Michael's Creative Designs will sign and adhere to the conditions of any legal Confidentiality Agreement used by the client.

AND FINALLY……

In order for us to obtain a high-level of excellence, your commitment to this project is highly valued and will be directly reflected in the results. By hiring our Company you’ve enlisted our expertise at how best to accomplish the goals that your team and our team have defined. In order to accomplish those goals, we require your participation and cooperation – even if you don’t fully understand some of the elements or designer terms (which we will try our best to make clear). In the end, we can only accomplish what we are allowed to accomplish; the quality of the result will depend significantly on the quality of your participation.

By paying a deposit on a quotation, or the clients’ signature, or go-ahead e-mail, or that of the authorized representative, you agree to the above trust agreement term and conditions.