The “Client” referred to in this document is any individual or business that enters into a contract of payment to / with KOMO Digital for services provided.
KOMO Digital accepts no responsibility for errors in production or missed deadlines due to miscommunication by clients.
2. Fees and Costs
Costs are calculated on a time/cost basis. Fees vary according to the type of work undertaken and the skills/expertise required. We will normally provide a detailed estimate to by agreed with the Client before any work is begun. All such estimates given by KOMO Digital shall be based on the Client’s instructions specifying the work required. Estimates are based on what is considered by KOMO Digital to be a reasonable fee for the time / expertise required to complete a project during normal office hours.
Any estimate produced by Komo Digital stands from 30 days from the date of issue, as based upon the Client’s brief. All additional work or amendments requested by the Client following commencement of this work as outlined by the Client and not specifically referred to in the original estimate will be additional to the estimated cost and be invoiced separately as ‘Client amendments’. Such expenses will be reimbursed by the Client to Komo Digital. All estimates exclude VAT, travel, courier and delivery costs associated with the project.
Once the estimate has been confirmed either verbally or in writing, the Client may still cancel their instructions on the express condition that we shall be indemnified against all costs or fees incurred.
5. Invoicing and Payment
Komo Digital shall be entitled to retain material produced by, or on behalf of Komo Digital until payment has been made in full of any outstanding invoice. Upon receipt of full payment, Komo Digital will transfer all material to the Client. Should the Client fail to pay any outstanding invoice in due time we shall be entitled to treat that failure as a repudiation of the whole contract, forthwith to cease any continuing work for the Client and to recover costs and damages. Interest on all such sums due shall be charged at the rate of 3% per annum over the Base Rate.
6. Copyright and Ownership
Illustrators and photographers commissioned by Komo Digital, on behalf of the Client, retain ownership of full copyright of their work unless specifically stated on the estimate. Charges for illustrations and photographs are for one time use only, unless otherwise agreed and specifically stated on the estimate.
Titles to all roughs, transparencies, artwork, coding and other material delivered to the Client remain the property of Komo Digital. The client undertakes to return all such artwork to Komo Digital on demand where such material is no longer required for the purposes of the licence granted. The electronic file remains the property of Komo Digital. The Client has no authority to retain a copy, sub-licence or alienate any such copyright to any other third party to use the copyright material for any other purpose than agreed.
Photo libraries, from which Komo Digital hire visual images on behalf of the Client, retain ownership of full copyright of their work, unless specifically stated on the estimate. Charges for such photo library visual images are for one time use only, unless otherwise agreed and specifically stated on the estimate.
Our terms also allow Komo Digital the right to feature any work in its marketing and/or promotional material i.e. website, brochure, etc. without prior permission from the client.
We will take every reasonable precaution to ensure the accuracy of text, tabular matter and visual material. However, the Client is solely responsible for the accuracy of all material. Furthermore, any costs or claims, which arise from errors or omissions, must be borne solely by the Client. The Client’s property and all property supplied to Komo Digital by, or on behalf of the Client while in possession of Komo Digital or from the Client, will be deemed to be at the Client’s risk unless otherwise agreed. The Client should insure accordingly.
8. Printed Materials
Komo Digital are not a print or print management company. Any 3rd party printing company that is used in relation to any print artwork carried out by Komo Digital is to be chosen and approved by the Client. Komo Digital are in no way responsible for the quality, deadlines and costs of any printing procedure. It is solely the responsibility of the print company to honour any contract they have entered into with the Client.
Komo Digital will not be held responsible for any printing, copy or design errors when:
They appear on the final approved proof.
A proof or subsequent proofs were not arranged to check for the errors.
Komo Digital strongly urge that an accurate proof of the document that Komo Digital has provided for the Client is arranged between the Client and the 3rd party printing company before the final print run and that the Client maintain a copy of the proof for their records. Komo Digital also suggest that further proofs are arranged following any changes that are made after each proof.
9. Web Hosting
Design fees do not include the cost of web hosting unless by arrangement.
Where domain names are already registered with an external host, a cost may be incurred for transfer to new servers.
10. Warranty and Indemnity
The Client warrants and identifies to Komo Digital that any information or material which is supplied to Komo Digital will be accurate and in no way misleading and will not infringe any third party’s copyright, registered design, or other intellectual property rights or obligation of confidentiality. The Client will indemnify us against all actions, suits, claims, demands, losses, damages or expenses we may directly or indirectly incur in consequence of any information or material provided by the Client or in consequence of performing any work for the Client.