TERMS + CONDITIONS
General Terms + Conditions
The following Terms and Conditions of Service apply to all products and services provided by Play Grnd Design.
All work is carried out by Play Grnd Design on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Play Grnd Design 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 your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Play Grnd Design, unless specifically agreed in writing.
At the time of proposal, Play Grnd Design will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Play Grnd Design website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Play Grnd Design.
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 Play Grnd Design Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Charges for design services to be provided by Play Grnd Design will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & 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 fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review.
The remaining fifty (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. Completion of work is recorded as the delivery of the final round of designs as specified in the contract.
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 if the contract is terminated prior to completion, 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 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 customer will be provided with a direct pay link for all payments, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will be required to fulfill payment.
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 late payment interest charge at 10% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card.
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 Play Grnd Design 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. Play Grnd Design 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. Play Grnd Design shall be entitled to remove Play Grnd Design‘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 all Play Grnd Design‘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 Play Grnd Design 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 Play Grnd Design on behalf of the customer, will remain the property of Play Grnd Design 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 Play Grnd Design, the necessary permission to use materials (for which Play Grnd Design holds the copyright) in forms other than for which it was originally supplied, and Play Grnd Design 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 Play Grnd Design.
By supplying images, text, or any other data to Play Grnd Design, the customer grants Play Grnd Design permission to use this material freely in the pursuit of the design.
Should Play Grnd Design, 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 Play Grnd Design to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Play Grnd Design 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 Play Grnd Design 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 Play Grnd Design, 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 Play Grnd Design 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.
Play Grnd Design will not be held responsible for any and all damages resulting from such claims.
Play Grnd Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Play Grnd Design responsible for any such loss or damage.
Any claim against Play Grnd Design shall be limited to the relevant fee(s) paid by the customer.
Play Grnd Design cannot guarantee the availability of any domain name. Where Play Grnd Design is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Play Grnd Design 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.
The customer agrees to allow Play Grnd Design to place a small credit on printed material exhibition displays, advertisements and/or a link to Play Grnd Design 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 Play Grnd Design to place websites and other designs, along with a link to the client’s site on Play Grnd Design’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Play Grnd Design 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. Play Grnd Design also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Play Grnd Design does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Play Grnd Design to remove the contravention without hindrance, or penalty. Glazier Design 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 e-mail, however, following this, Play Grnd Design 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 Glazier Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Play Grnd Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Play Grnd Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Play Grnd Design 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 Play Grnd Design responsible for any such loss or damage. Any claim against Play Grnd Design shall be limited to the relevant fee(s) paid by the customer.
Play Grnd Design 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. Play Grnd Design 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. Play Grnd Design 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 Play Grnd Design, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.playspacegrnd.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 Play Grnd Design.