1. PackGenie Design Terms and Conditions - All design work is carried out by PackGenie on the understanding that the client has agreed to abide by PackGenie’s terms and conditions. Copyright of all design work is retained by PackGenie including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
2. Project Acceptance - Within a reasonable period of time of the request for design services, PackGenie will provide the client with a written estimate or quotation by post or email as requested. The client must sign and date the estimate to indicate acceptance – this can be done by post or email. No work on a project will commence until either document has been received by PackGenie.
3. Design Fees - Fees for design services to be provided by PackGenie, will be set out in the written estimate or quotation that is provided to the client. At the time of the client’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due on projects worth over £500.00. Work on the project will not commence until PackGenie has received this amount.
4. Charges for Other Services - Charges for any additional services over and above the estimated design, will be made known to the client. They will become fully payable at the time of project acceptance.
5. Payment - The client will be asked to provided artwork sign off before being issued with an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charge of 8% plus the Bank of England base rate per month of the outstanding amount.
6. Copyrights and Trademarks - By supplying text, images and other data to PackGenie for inclusion in the client’s goods, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by PackGenie on behalf of the client, will remain the property of PackGenie and/or its suppliers, in which full copyright will be passed to the client upon receipt of full payment. By supplying images, text, or any other data to PackGenie, the client grants PackGenie permission to use this material freely in the pursuit of the design and to utilise the designs in PackGenie’s portfolio unless agreed otherwise. The client agrees to fully indemnify and hold PackGenie free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
7. Alterations - The client 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 client also agrees that PackGenie holds no responsibility for any amendments made by any third party, before or after a design is published.
8. Licensing - Any design, copywriting, drawing, idea or code created for the client by PackGenie, or any of it’s 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 PackGenie and any of it’s relevant sub-contractors. All design work where there is a risk that another party may make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. PackGenie will not be held responsible for any and all damages resulting from such claims. PackGenie is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold PackGenie responsible for any such loss or damage. Any claim against PackGenie shall be limited to the relevant fee(s) paid by the client.
9. Data Formats - The client agrees to Pack Genie’s definition of acceptable means of supplying data notified by PackGenie from time to time. Images must be of a quality suitable for use without any subsequent image processing, and PackGenie will not be held responsible for any image quality which the client later deems to be unacceptable. PackGenie cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
10. Design Project Duration - Any indication given by PackGenie of a design project’s duration is to be considered by the client to be an estimation. PackGenie cannot be held responsible for any project over-runs, whatever the cause.
11. Design Project Completion - PackGenie considers the design project complete upon receipt of the client’s sign off.
12. Rights of Refusal – PackGenie will not produce any goods on your behalf if we believe, in our reasonable opinion, that the content of the design selected by you is of an offensive, discriminatory, racist, xenophobic, hateful nature or it otherwise incites hatred or other behaviour not acceptable in a normal society.
13. Cancellation - Cancellation of design work may be made initially by telephone contact, or email, however, following this, PackGenie 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 PackGenie within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
14. Acceptance of Quotation and Terms and Conditions - The placement of an order for design and/or any other services offered by PackGenie and validated by the client’s signature on the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and PackGenie.