Terms and Conditions
The following Terms and Conditions apply to all products and services provided by Dani Sam Designs (hereinafter referred to as “Dani Sam” and also as “we”, “our” or “us”) and in the event of any dispute are governed by the laws of the United States.
All work is carried out by Dani Sam on the understanding that you (hereinafter referred to as the “client” or “customer”) have agreed to our Terms and Conditions.
Copyright is retained by Dani Sam on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of designs is presented and one is chosen for the client’s project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Dani Sam unless specifically agreed in writing.
At the time of proposal, Dani Sam will provide the client with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Dani Sam website.
A copy of the written estimate or quotation is to be signed and dated by the client to indicate acceptance and should be returned to Dani Sam.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our Terms and Conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the Dani Sam Terms and Conditions are what govern the job, not any conditions on the customer’s purchase order.
Charges for design services to be provided by Dani Sam 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 and Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the client, all design services require an advance payment of a minimum of 50% of the project quotation total before the work commences or is supplied to the client for review. The remaining 50% percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including, but not restricted to, PSD, AI, EPS, PNG, JPG, TIFF or other source files or raw code; if the client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or “buy-out” charge.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The client will be provided with an Approval Form or Proof Email and an Invoice prior to final publication. At this time, the remainder of the amount due will become payable and the client will also be required to sign and return the Approval Form or signify approval by email to Dani Sam.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.
Payments may be made by electronic transfer (PayPal, Venmo, wire or ACH). Credit/debit cards are NOT accepted.
Payments made by check must be previously agreed and may be subject to an administration charge. Checks should not be sent in regular mail unless sent recorded delivery.
Publication and/or release of work done by Dani Sam on behalf of the client may not take place before cleared funds have been received.
Returned checks will incur an additional fee of $50 per returned check. Dani Sam reserves the right to consider an account to be in default in the event of a returned check.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. We shall be entitled to remove Dani Sam‘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, and sub-contractors.
Removal of such materials does not relieve the client of its obligation to pay the due amount.
Customers whose accounts become default agree to pay all Dani Sam‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Dani Sam for inclusion in the customer’s website 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 Dani Sam on behalf of the customer, will remain the property of Dani Sam and/or its suppliers unless otherwise agreed in writing. A license for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from Dani Sam, the necessary permission to use materials (for which Dani Sam holds the copyright) in forms other than for which it was originally supplied, and Dani Sam may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third-party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not Dani Sam.
By supplying images, text, or any other data to Dani Sam, the customer grants Dani Sam permission to use this material freely in the pursuit of the design.
Should Dani Sam, 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 Dani Sam to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Dani Sam 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.
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that Dani Sam 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 Dani Sam, 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 Dani Sam and any of its relevant sub-contractors.
All design work – where there is a risk that another party 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.
Dani Sam will not be held responsible for any and all damages resulting from such claims.
Dani Sam is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Dani Sam responsible for any such loss or damage.
Any claim against Dani Sam shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Dani Sam’s definition of acceptable means of supplying data to us.
Text is to be supplied to Dani Sam in electronic format as standard text (.txt), MS Word (.docx) or via email/FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Dani Sam via email/FTP. Images must be of a quality suitable for use without any subsequent image processing, and Dani Sam will not be held responsible for any image quality which the client later deems to be unacceptable.
Dani Sam 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, art direction, media conversion, digital image processing, or data entry services, color correction and alteration of images.
Design Project Duration
Any indication given by Dani Sam of a design project’s duration is to be considered by the customer to be an estimation. Dani Sam 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 are received by Dani Sam for the initial payment or by date confirmed in writing by Dani Sam.
Rights of Access for Website Construction
The client agrees to allow Dani Sam all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The customer also agrees to allow Dani Sam access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply Dani Sam with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
Dani Sam considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as website migration, domain/hosting/email setup, support, etc., constitute a separate project and can be treated as a separate charge.
Website Design Only
Dani Sam requires that a template is approved by the customer before coding of a site commences. Once the template for the website is approved by the customer, coding will commence; any changes to navigation items, colors, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, Dani Sam will provide the customer with the opportunity to review the resulting work. Dani Sam will make up to three sets 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, color schemes or any navigation features. Any minor changes can be notified to Dani Sam by email.
Dani Sam will consider that the client 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.
The customer agrees to allow Dani Sam to place a small credit on printed material exhibition displays, advertisements and/or a link to Dani Sam’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.
The customer also agrees to allow Dani Sam to place websites and other designs, along with a link to the client’s site on Dani Sam’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Dani Sam 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. Dani Sam also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Dani Sam does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Dani Sam to remove the contravention without hindrance, or penalty. Dani Sam is to be held in no way responsible for any such data being included.
Cancellation of orders must be made in writing. The client will 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 Dani Sam will be liable for the full quoted cost of the project.
Dani Sam makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Dani Sam will not be held responsible for any and all damages resulting from products and/or services it supplies. Dani Sam 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 Dani Sam responsible for any such loss or damage. Any claim against Dani Sam shall be limited to the relevant fee(s) paid by the customer.
Dani Sam 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. Dani Sam will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Dani Sam reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Dani Sam, by email, verbally or in writing, is deemed to be acceptance of these Terms and Conditions, which are freely available at www.danisam.pcriot.com.
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, 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 Dani Sam.