The Small Print
The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Kakadu Creative Ltd.
All design work is carried out by Kakadu Creative Ltd on the understanding that the client has agreed to abide by Kakadu Creative Ltd’s terms and conditions.
Copyright of all graphic design work is retained by Kakadu Creative Ltd including copy, concepts, ideas, proofs and illustrations until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by Kakadu Creative Ltd as fulfilling the contract. All other artwork designs remain the property of Kakadu Creative Ltd, unless agreed in writing.
At the time of proposal, Kakadu Creative Ltd will provide the customer with a written estimate or quotation by email as requested.
Acceptance of the estimate or quotation is made either by the client sending an official purchase order or by an email acknowledging acceptance of the quotation. This binds the client to accept our terms and conditions. No work on a project will commence until either document has been received by Kakadu Creative Ltd.
Fees for design services to be provided by Kakadu Creative Ltd 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, a non-refundable deposit of 25% of the quoted fee will become immediately due on projects worth over £400.00. Work on the project will not commence until Kakadu Creative Ltd has received this amount.
Kakadu Creative include up to 2 x amendments within the costs, any changes thereafter will be chargeable. Should the Client wish to make significant changes to the original brief, Kakadu Creative will revise costings and provide an updated quotation.
Charges for Other Services
Charges for any additional services over and above the estimated design e.g. printing or website hosting will be made known to the client. They will become fully payable at the time of project acceptance.
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. Payment is required within 7 days of the invoice date, 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.
Payments may be made by Bacs or previously agreed electronic funds transfer.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Kakadu Creative Ltd shall be considered entitled to remove Kakadu Creative 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 its obligation to pay the due amount. Customers whose accounts become default agree to pay Kakadu Creative Ltd reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Kakadu Creative Ltd for inclusion in the project, the Client 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 Kakadu Creative Ltd on behalf of the customer, will remain the property of Kakadu Creative Ltd and/or it’s 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 Kakadu Creative Ltd, the Client grants Kakadu Creative Ltd permission to use this material freely in the pursuit of the design and to utilise the designs in Kakadu Creative Ltd’s portfolio unless agreed otherwise.
Should Kakadu Creative Ltd, or the Client 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 Kakadu Creative Ltd to remove and/or replace the file.
The customer agrees to fully indemnify and hold Kakadu Creative 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.
The customer agrees that changes required over and above the agreed work carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that Kakadu Creative Ltd 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 Kakadu Creative Ltd, 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 Kakadu Creative Ltd and any of its 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. Kakadu Creative Ltd will not be held responsible for any and all damages resulting from such claims. Kakadu Creative Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold Kakadu Creative Ltd responsible for any such loss or damage. Any claim against Kakadu Creative Ltd shall be limited to the relevant fee(s) paid by the Client.
All the Client work and Agency material will be treated in confidence by Kakadu Creative Ltd during the project.
The content and concept of any scheme, design, plan, prototype, or any other material or service without limitation supplied by Kakadu CreativeLtd or revealed to the Client by Kakadu Creative shall be treated as having been disclosed to it in confidence.
Where Kakadu Creative Ltd has sub-contracted any part of its rights and obligations under the Contract, any such sub-contractor (subject to approval by the Client) may be passed such confidential information as may be necessary for such purpose.
Kakadu CreativeLtd will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the Client. We will act reasonably to protect such information and treat it as strictly confidential.
Kakadu Creative Ltd reserves the right to work on behalf of competing companies, subject to confidentiality agreements being maintained.
The client agrees to Kakadu Creative Ltd’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Kakadu Creative Ltd in electronic format as standard text (.txt), MS Word (.doc) on CD, 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 Kakadu Creative Ltd via USB or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Kakadu Creative Ltd will not be held responsible for any image quality which the Client later deems to be unacceptable. Kakadu Creative Ltd 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.
Design Project Duration
Any indication given by Kakadu Creative Ltd of a design project’s duration is to be considered by the Client to be an estimation. Kakadu Creative Ltd cannot be held responsible for any project over-runs, whatever the cause.
Design Project Completion
Kakadu Creative Ltd considers the design project complete upon receipt of the Client’s sign off. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the Client’s behalf constitute a separate project and can be treated as a separate charge.
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 indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designers, they will be subject to a separate quotation or ‘buy-out’ charge.
Creative work will begin once the Client has agreed on costs and given confirmation to proceed.
Websites and web pages built from a graphic design visual may not exactly match the original design due to the difference between the display in design software and the rendering of web code by Internet browser software. Kakadu Creative Ltd agrees to match the design as closely as is possible when building the code but may not be able to create an exact replica of the original design.
Web development projects will be designed for
- The latest browsers (Chrome, Firefox, Safari, Edge)
- Microsoft® Internet Explorer version 11
- The latest tablet & mobile browsers (iOS Safari, Chrome for Android)
There may be variance in colours shown between in-house proofs, colours on screen, printer’s proofs, and final printed items. These factors are determined by the source of the print or visual (each output source e.g Kakadu Creative Ltd printer, the client’s printer, the image setter, the screen or monitor etc will differ from the other), the types of inks or make-up of colours (even Pantone colours can vary significantly and often surprisingly depending on what stock or substrate they are printed on), the type of print process (short-run digital, longer-run litho printing), the substrate (paper, card, plastic etc) used, individual preferences (ambient light, personal computer settings etc) and several other reasons. As a result of this Kakadu Creative Ltd is unable to guarantee 100% consistency and accuracy of colour on all items and may not always be able to achieve the exact result expected by the Client. Kakadu Creative Ltd does not accept any responsibility for colour variations as a result of these indeterminate factors.
Website Design Only
Once web design is complete, Kakadu Creative Ltd will provide the customer with the opportunity to review the resulting work. Kakadu Creative 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 Kakadu Creative Ltd by email or phone.
Kakadu Creative Ltd 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.
Kakadu Creative Ltd will take all reasonable steps to ensure that the project brief quoted for the Client functions as intended. Should the Client report that any part of the project is not functioning as per the brief, Kakadu Creative Ltd will investigate and take corrective action. Any reports of any part of the project not be functioning that falls outside of the original project brief, Kakadu Creative Ltd will investigate and provide an estimate to carry out the additional work. Should the Client make their own edits or amendments to completed works, Kakadu Creative Ltd will charge for making subsequent corrections to rectify any issues caused.
Kakadu Creative Ltd offers a limited hosting service through an out-sourced server. Kakadu Creative Ltd does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Kakadu Creative Ltd may request that clients change the type of hosting account used if that account is deemed by Kakadu Creative Ltd to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for Kakadu Creative 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 client and Kakadu Creative Ltd are not liable for their payment. Nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner, unless Kakadu Creative Ltd have agreed to take on the responsibility for domain management.
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 Kakadu Creative Ltd no less than 3 months prior to the renewal date for your Services.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Kakadu Creative Ltd cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Kakadu Creative Ltd recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
The customer agrees to allow Kakadu Creative Ltd to place a small credit on printed material, exhibition displays, advertisements and/or a link to Kakadu Creative Ltd’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 Kakadu Creative Ltd to place all designs on Kakadu Creative Ltd’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
Kakadu Creative 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. Kakadu Creative Ltd also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Kakadu Creative Ltd does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Kakadu Creative Ltd to remove the contravention without hindrance, or penalty. Kakadu Creative Ltd is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or email, however, following this, Kakadu Creative Ltd 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 Kakadu Creative Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Kakadu Creative Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Kakadu Creative Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. Kakadu Creative 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 Kakadu Creative Ltd responsible for any such loss or damage. Any claim against Kakadu Creative Ltd shall be limited to the relevant fee(s) paid by the customer.
Kakadu Creative 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. Kakadu Creative Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Kakadu Creative Ltd and its clients 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. Kakadu Creative 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.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Kakadu Creative Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Kakadu Creative 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 Kakadu Creative Ltd.