Terms and Conditions
The following Terms and Conditions of Service apply to all products and services provided by Minor 5 Ltd., Co (DBA Minor 5 Studio) (hereinafter referred to as Minor 5 Studio) and in the event of any dispute are governed by the laws of the United States of America.
All work is carried out by Minor 5 Studio on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Minor 5 Studio 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 Minor 5 Studio, unless specifically agreed in writing.
Minor 5 Studio retains the indefinite rights to use any portion of the project for marketing or advertising purposes without permission from the client.
Charges for design services to be provided by Minor 5 Studio will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s acceptance of their estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due. Email acceptance of a proposal constitutes a binding acceptance of the Minor 5 Studio Terms & Conditions, and any additional terms included in their proposal.
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.
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 designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for Additional 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 Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable. Final payment will signify approval by email to Minor 5 Studio.
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 of 8% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer, credit card, 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 Minor 5 Studio 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. Minor 5 Studio 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. Minor 5 Studio shall be entitled to remove Minor 5 Studio’s and/or the customer’s material from any and all computer systems, including removal of the client’s website, 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 Minor 5 Studio’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 Minor 5 Studio 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 Minor 5 Studio on behalf of the customer, will remain the property of Minor 5 Studio 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 Minor 5 Studio, the necessary permission to use materials (for which Minor 5 Studio holds the copyright) in forms other than for which it was originally supplied, and Minor 5 Studio 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 Minor 5 Studio.
By supplying images, text, or any other data to Minor 5 Studio, the customer grants Minor 5 Studio permission to use this material freely in the pursuit of the design.
Should Minor 5 Studio, 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 Minor 5 Studio to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Minor 5 Studio 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.
As a general rule, all projects are provided up to three (3) revisions to the original draft provided by Minor 5 Studio. Further changes to the project will result in additional fees to the project, billed at the hourly rate current to Minor 5 Studio at the time the project is commissioned.
The customer also agrees that Minor 5 Studio 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 Minor 5 Studio, 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 Minor 5 Studio 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.
Minor 5 Studio will not be held responsible for any and all damages resulting from such claims.
Minor 5 Studio is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Minor 5 Studio responsible for any such loss or damage.
Any claim against Minor 5 Studio shall be limited to the relevant fee(s) paid by the customer.
Minor 5 Studio requires that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are 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, Minor 5 Studio will provide the customer with the opportunity to review the resulting work. Minor 5 Studio 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, color schemes or any navigation features. Any minor changes can be notified to Minor 5 Studio by e-mail.
Minor 5 Studio 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.
Domain & Hosting
Minor 5 Studio does NOT offer hosting services. The client is required to obtain third-party hosting from an approved list of vendors. Minor 5 Studio does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Minor 5 Studio may request that clients change the type of hosting account used if that account is deemed by Minor 5 Studio to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.
Fees due to third party hosting organizations are the responsibility of the client and Minor 5 Studio is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
The customer agrees to allow Minor 5 Studio to place a small credit on printed material exhibition displays, advertisements and/or a link to Minor 5 Studio’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 Minor 5 Studio to place websites and other designs, along with a link to the client’s site on Minor 5 Studio’s own website for demonstration purposes and to use any designs in its own publicity and portfolios. In addition, the customer agrees to allow Minor 5 Studio to use any of their project for marketing or advertising purposes.
Rights of Refusal
Minor 5 Studio 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. Minor 5 Studio also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Minor 5 Studio does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Minor 5 Studio to remove the contravention without hindrance or penalty. Minor 5 Studio is to be held in no way responsible for any such data being included.
The Agreement shall automatically terminate upon Client’s acceptance of the deliverables. The Agreement may otherwise be terminated at any time by either Party upon written notice to the other party. Client will be responsible for all costs and expenses incurred prior to the date of termination.
In case of early termination, Designer shall retain rights to all drafts of the project, and the Client forfeits his or her rights to any deliverables.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Minor 5 Studio 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 Minor 5 Studio, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.minor5studio.com.
An estimate validated by the customer’s 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 Minor 5 Studio.