This page outlines Inkee Press’ terms and conditions, please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence a project with us. It’s important that you (The Client) knows what we charge for and why we charge it, why certain copyright files are not released by us and also what charges you might incur for late payment and or additional work.
Please also note that from time to time Inkee Press may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.
If you have any questions, please do ask immediately via email:
Inkee Press will provide the client with a written estimate or quotation by email. Agreement to work with, and submission of a design brief form followed by a payment of a 50% deposit to Inkee Press constitutes agreement to these terms and conditions. At the time of proposal, Inkee Press’ terms and conditions can be requested at any time during the project.
As outlined in these Terms and Conditions, Inkee Press’ prices are for providing final high resolution artwork with high resolution copies in the required format for its use (ie print quality PDF file for stationery). If you have purchased brand styling, your files will come complete with high resolution copies in formats “eps, pdf, jpg and png.”
Some third party licenses restrict us from supplying the client with fonts, to protect the client from violating a third-party’s copyright these may not come with your brand styling, we will stipulate that once the files have been released. Inkee Press will direct the client on the appropriate source in which to purchase a copy/s for themselves.
All branding projects come complete with a brand style guide, including information about the colors and fonts used and a file type table which explains which formats are best used for different purposes.
Charges for design work do not cover the release of our design source files, including but not restricted to .indd .psd .ai .png 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 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. If you would like to purchase open files off Inkee Press we can provide you those files at a fee of 300% of the total bill for our time.
Open files will be provided for Adobe CC – if you do not have the latest Adobe suite then unfortunately we cannot downgrade our design files. Alternatively we are always happy to make amendments for you for future usage at our hourly rate.
Any indication given by Inkee Press of a design project’s duration is to be considered by the client to be an estimation. Inkee Press 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 Inkee Press for the initial payment or by date confirmed in writing by Inkee Press.
The client 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 client also agrees that Inkee Press holds no responsibility for any amendments made by any third party, before or after a design is published.
An estimate validated by the client’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 Inkee Press.
DESIGN PROJECT COMPLETION
Inkee Press considers the design project complete upon receipt of the client’s signed approval form or sign-off email. Other services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge. Inkee press is not responsible for any errors found after the client has approved their proofs, and will not cover any additional printing charges incurred because of errors. It is the clients responsibility to ensure spelling, grammar and all copywriting is correct at the time of approval.
For the purpose of versatility Inkee Press will supply the client’s logo with files in different colour modes such as RGB, CMYK, and may contain Pantone colours. When the client approves their logo on the computer monitor, you the client are only approving RGB colours. Computer screens can only reproduce RGB colours and only simulates other colour modes. Inkee Press will do its best to match RGB colours on our computer screen to CMYK or Pantone colours, but it is physically impossible to find an exact match. When converting your files in to different colour modes (CMYK, Pantone) Inkee Press holds no responsibility for matching exactly the client’s approved RGB colours. It is the clients’ responsibility to double-check and make sure the printer gets the right colour. Furthermore when printing in CMYK process the printed colours may vary. This is due to a non standardized colour pallet used by this process printers, and calibration of the machine. Therefore Inkee Press is removing all the responsibilities for the outcome of the printing quality and colours.
The client agrees to allow Inkee Press to place a small credit and link to Inkee Press’ own website on the client’s website. This will usually be in the form of a small line of text placed towards the bottom of the page. The client also agrees to allow Inkee Press to place websites and other designs, along with a link to the client’s site on Inkee Press’ own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Charges for design services to be provided by Inkee Press will be set out in the written estimate or quotation that is provided to the client. We have a minimum charge of $35.00 for any small edits or adjustments to your art files. On approval of the quotation, the client agrees to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable prior to release of deliverables. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by the client this deposit is non-refundable. All prices quoted are in NZ$. Payments can be made via direct credit to our bank account or via credit card through our PayPal.
Accounts which remain outstanding for 14 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. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.
Both parties understand that the client or Inkee Press may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, the client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Designer. Should the client cancel the project following its completion, the client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Inkee Press retains ownership of all copyrights and original work created. Cancellation of orders may be made initially by telephone contact, or email, however, following this, Inkee Press 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 Inkee Press within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
COPYRIGHTS AND TRADEMARKS
By supplying text, images and other data to Inkee Press for inclusion in the customer’s website or other medium, 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 Inkee Press on behalf of the customer, will remain the property of Inkee Press and/or its suppliers unless otherwise agreed in writing. A license for use of the copyright material is granted to the client solely for the project defined in the scope or request and not for any other purpose. The client may request in writing from Inkee Press, the necessary permission to use materials (for which Inkee Press holds the copyright) in forms other than for which it was originally supplied, and Inkee Press 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 Inkee Press.
By supplying images, text, or any other data to Inkee Press, the client grants Inkee Press permission to use this material freely in the pursuit of the design. Should Inkee Press, 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 Inkee Press to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold Inkee Press 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.
Any design, copy writing, drawing, idea or code created for the client by Inkee Press, or any of its contractors, is licensed for use by the client only, and may not be re-distributed in any way or form without the express written consent of Inkee Press 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. Inkee Press will not be held responsible for any and all damages resulting from such claims. Inkee Press is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Inkee Press responsible for any such loss or damage. Any claim against Inkee Press shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Inkee Press’ definition of acceptable means of supplying data to the company.
Text is to be supplied to Inkee Press in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder. Images which are supplied in an electronic format are to be provided in a format as prescribed by Inkee Press via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Inkee Press will not be held responsible for any image quality which the client later deems to be unacceptable. Inkee Press 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, color correction and alteration of images
RIGHTS OF ACCESS FOR WEBSITE CONSTRUCTION
The client agrees to allow Inkee Press 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 client also agrees to allow Inkee Press 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 client agrees to supply Inkee Press with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Inkee Press requires that a template is approved by the client before coding of a site commences. Once the template(s) for the website are approved by the client, 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, Inkee Press will provide the client with the opportunity to review the resulting work. Inkee Press will make two 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 Inkee Press by e-mail. Inkee Press 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.
Inkee Press offers a limited hosting services through an out-sourced virtual server. Inkee Press does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Inkee Press may request the client change the type of hosting account used if that account is deemed by Inkee Press to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Inkee Press’ virtual server are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organizations are the responsibility of the client and Inkee Press are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the client / domain owner.
Inkee Press cannot guarantee the availability of any domain name. Where Inkee Press is to register a domain name on behalf of the 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, Inkee Press 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. Inkee Press recommend that the client use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
RIGHTS OF REFUSAL
Inkee Press 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. Inkee Press also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Inkee Press does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow Inkee Press to remove the contravention without hindrance, or penalty. Inkee Press is to be held in no way responsible for any such data being included.
We collect personal information from you, including:
- contact information
- interactions with us
We keep your information safe by storing encrypted files.
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong.
Inkee Press makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Inkee Press will not be held responsible for any and all damages resulting from products and/or services it supplies. Inkee Press 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 client agrees not to hold Inkee Press responsible for any such loss or damage. Any claim against Inkee Press shall be limited to the relevant fee(s) paid by the client. Inkee Press 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. Inkee Press will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Inkee Press 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. Inkee Press 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. Inkee Press 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 Inkee Press, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at http://www.inkeepress.co.nz at all times.