Terms of service.
The following Terms and Conditions of Service apply to all artwork, graphic design, print and digital services provided by Flyte Ltd.
A. All project work is carried out by Flyte Ltd on the understanding that:
The customer has agreed to abide by Flyte Ltd’s terms and conditions when accepting and approving the quotation, and therefore when proceeding to work upon the project, the hyperlink to this page shown and included on all supplied digital quotations.
Copyright of all graphic design work (see section G) is retained by Flyte Ltd including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing). Client will be made aware of this in writing, verbally, and via hyperlink on quotation prior to commencement of any works, or projects.
If multiple design concepts are submitted, only one concept is deemed to be given by Flyte Ltd as fulfilling the contract. All other artwork designs remain the property of Flyte Ltd, unless agreed in writing.
If Flyte Ltd decides to sign over copyright of any piece of work (project) to a client, this will need to be agreed in writing and licensed (see section G/1), and digital asset collation and release charges will be in effect. These charges will be additional fees, further to any project fees paid. Photography or digital imagery cannot be shared (See section I/2).
B. Project Acceptance
At the time of proposal, Flyte Ltd will provide the customer with a written estimate or quotation via email, or as requested.
Upon acceptance of estimate or quotation, the customer will indicate acceptance to Flyte Ltd by email or post, and with associated Purchase Order, or payment of a deposit (if applicable). Alternatively, the customer may send an official order in reply to the estimate or quotation which binds the customer to accept Flyte Ltd’s terms and conditions. No work on a project will commence until either document has been received by Flyte Ltd.
C. Design Fees
Fees for design services to be provided by Flyte Ltd, will be set out in the written estimate or quotation that is provided to the customer. The customers/customer’s acceptance of this estimate or quotation also indicates acceptance of the Terms & Conditions.
D. Charges for Other Services
Charges for any additional services over and above the estimated design, will be made known to the customer. They will become fully payable at the time of project acceptance.
E. Payment
The customer will be asked to provided sign off before being issued with an Invoice prior to print/artwork/publication. At this time the remainder of any fees due will become payable. Accounts which remain outstanding for 30 days after the agreed payment terms cut-off (date shown on invoice), may incur an extra charge of 8% plus the Bank of England base rate per month of the outstanding amount.
Payments may be made by BACS or previously agreed electronic funds transfer.
Flyte Ltd will not accept cheques.
F. Default
An account shall be considered in default if it remains unpaid for 30 days after the agreed payment terms cut-off (date shown on invoice). Flyte Ltd shall be considered entitled to remove Flyte Ltd’s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Flyte Ltd reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
G. Copyrights and Trademarks
Copyright infringement is the use or production of copyright-protected material without the permission of the copyright holder. The rights afforded to the copyright holder such as the exclusive use of a work for a set period are being breached by a third party by any third party, before or after a design is published. Flyte Ltd do not share artwork without prior agreement, and therefore any existing designs cannot be reused by another third party.
By supplying text, images and other data to Flyte Ltd for inclusion in the customer’s project 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.
Any artwork, images, or text supplied and/or designed by Flyte Ltd on behalf of the customer, will remain the property of Flyte Ltd and/or it’s suppliers. All images, text, audio clip or any other file for use or soundtracks sourced by Flyte for use in projects will be fully licensed for use in that project alone, unless otherwise stated.
By supplying images, text, or any other data to Flyte Ltd, the customer grants Flyte Ltd permission to use this material freely in the pursuit of the project delivery and to utilise the delivered project visualisations in Flyte Ltd’s portfolio unless agreed otherwise.
Should Flyte Ltd, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Flyte Ltd to remove and/or replace the file.
The customer agrees to fully indemnify and hold Flyte Ltd free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
I. Licensing
Any design, copywriting, drawing, idea or code created for the customer by Flyte Ltd, or any of it’s contractors, is licensed for use by the customer 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 Flyte Ltd and any of it’s relevant sub-contractors.
All digital photography sourced via online digital libraries will be licensed by Flyte Ltd. As such, Flyte Ltd are unable top transfer ownership to another party. If Flyte Ltd license or supply artwork, it will remove any imagery it has licenses to. This will likely render any designs unusable in that current format.
All design work where there is a risk that another party may make a claim, should be registered by the customer with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Flyte Ltd will not be held responsible for any and all damages resulting from such claims. Flyte Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Flyte Ltd responsible for any such loss or damage. Any claim against Flyte Ltd shall be limited to the relevant fee(s) paid by the customer.
J. Data Formats
The customer agrees to Flyte Ltd’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Flyte Ltd in electronic format as standard text (.txt), MS Word (.doc) on USB data stick, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Flyte Ltd via electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Flyte Ltd will not be held responsible for any image quality which the customer later deems to be unacceptable. Flyte Ltd cannot be held responsible for the quality of any images which the customer 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.
K. Design Project Duration
Any indication given by Flyte Ltd of a design project’s duration is to be considered by the customer to be an estimation based upon the facts that Flyte are aware of at that time. Flyte Ltd cannot be held responsible for any project over-runs, for such reasons as Clients not providing content or files prior to project commencement, or in agreed timescale.
L. Design Project Completion
Flyte Ltd considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the customers behalf constitute a separate project and can be treated as a separate charge.
M. Website Design Only
Once web design is complete, Flyte Ltd will provide the customer with the opportunity to review the resulting work. Flyte Ltd will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Flyte Ltd by email.
Flyte Ltd will consider that the customer has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
N. Hosting websites
Flyte Ltd offers a limited hosting service through an out-sourced server. Flyte Ltd does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Flyte Ltd may request that customers change the type of hosting account used if that account is deemed by Flyte Ltd to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for Flyte Ltd’s hosting service are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the customer and Flyte Ltd are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
O. Duration and Renewal of Hosting Services
Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in writing will automatically be renewed for the billing period chosen on sign up. You are entitled to cancel the Services by contacting Flyte Ltd no less than 3 months prior to the renewal date for your Services.
P. Design Credits
The customer also agrees to allow Flyte Ltd to place any designs on Flyte Ltd’s own website for portfolio and demonstration purposes and to use any designs in its own publicity, as long as it does not show any financial or sensitive data, offers, or text, unless agreed otherwise.
Q. Rights of Refusal
Flyte Ltd will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Flyte Ltd also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Flyte Ltd does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Flyte Ltd to remove the contravention without hindrance, or penalty. Flyte Ltd is to be held in no way responsible for any such data being included.
R. Cancellation
Cancellation of orders may be made initially by telephone contact, or email, however, following this, Flyte Ltd will need formal notification in writing to the company’s postal address. The customer 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 Flyte Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
S. Disclaimer
Flyte Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Flyte Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. Flyte Ltd is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Flyte Ltd responsible for any such loss or damage. Any claim against Flyte Ltd shall be limited to the relevant fee(s) paid by the customer.
Flyte Ltd reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Flyte Ltd will not knowingly perform any actions to contravene these and the customer also agrees to be so bound.
Flyte Ltd and its customers agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Flyte Ltd recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
T. General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Flyte Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
U. Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Flyte Ltd and validated by the customer’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 Flyte Ltd.
V. Privacy Policy Statement
A copy of our Policy can be found here