Terms and Conditions
The following Terms and Conditions of Service apply to all graphics, artworks, products and services provided by Surma Creative and in the event of any dispute are governed by the laws of England.
All design work is carried out by Surma Creative on the understanding that the client has agreed to SSurma Creative’s Terms and Conditions.
Copyright on all design work including words, graphics, ideas, visuals, artworks, pictures and illustrations is retained by Surma Creative unless specifically released in writing and after all costs and invoices have been settled.
If multiple projects are submitted, only one project is deemed to be given by us as fulfilling the contract. All other designs and concepts remain the property of Surma Creative, unless specifically agreed in writing.
At the time of proposal, Surma Creative will provide the customer with a written estimate or quotation via email. The client have to send an official purchase order in reply to the estimate or quotation which binds the client to accept allSurma Creative’s terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until either document has been received by Surma Creative.
Design Fees and Charges
All fees and charges for design services to be provided by Surma Creative 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 this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of fifty (50) percent of the quoted fee will become immediately due on projects worth over £300.00 unless agreed otherwise with the client. Work on the project will not commence until Surma Creative has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design, will be made known to the client. They will become fully payable at the time of project acceptance.
All invoices are deemed to be accepted unless notice is received by Surma Creative via email within 14 days of receipt of the invoice. Accounts which remain outstanding for 14 days after the date of invoice, will incur late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment.
The customer will be provided with an approval form or proof email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable. Any invoice queries must be submitted by email within 14 days of the invoice date.
Payments may be made by, online transfer, credit card (Visa, Mastercard) or Debit Card. Payments made by cash must be previously agreed.
Publication and/or release of work done by Surma Creative on behalf of the client, may not take place before cleared funds have been received.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice Surma Creative shall be entitled to remove Surma Creative‘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 amount due for services and products, including, but not limited to, design, web development and maintenance, social media management, 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 Surma Creative reasonable legal expenses and third party collection agency fees in the enforcement of Surma Creative’s Terms and Conditions.
Copyrights and Trademarks
By supplying photos, graphics, text or other data to Surma Creative for inclusion in the customer’s material 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 text, graphic or other medium supplied and/or designed by Surma Creative on behalf of the customer, will remain the property of Surma Creative and/or its suppliers, in which full copyright will be passed to the client upon receipt of full payment. A licence for use of the copyright material is granted to the customer solely for the project specified in the scope or request and not for any other purpose.
By supplying medium or any data to Surma Creative, the customer grants permission to use this material freely in the pursuit of the design and to use the project and concepts in Surma Creative’s portfolio, including official website unless agreed otherwise.
Any other third party material, that utilization is requested by the customer in digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not Surma Creative.
The customer will agree to allow Surma Creative to remove and replace the file, if any medium submitted by the customer, subsequently emerges to have any copyright or royalty usage limitations. The customer agrees to fully indemnify and hold Surma Creative free from harm in any and all claims resulting from the customer in not having obtained all necessary permissions and/or required copyright.
All Surma Creative services and products may be used for lawful purposes only. Customer agree to indemnify and hold Surma Creative harmless from any claims resulting from customer's use of Surma Creative service that damages clients or any other party.
The customer agrees that changes required over and above the estimated work, or changes required to be carried out after acceptance of the draft designer in addition to the agreed scope, or where the client makes changes to the supplied copy, will be liable to a separate charge.
The customer agrees that Surma Creative is no responsible for any changes and amendments made by any third party, before or after a design is printed and/or published.
Data Formats And File Types
The client agrees to Surma Creative's definition of acceptable means of supplying data to the company.
Text is to be supplied in electronic format as standard text (.txt), MS Word (.docx), Acrobat Reader (.pdf) via e-mail.
Image/photo is to be supplied in electronic format as PDF, JPG, PNG, BMP or EPS via e-mail unless agreed otherwise.
Images must be of a quality suitable for use without any subsequent image processing. Surma Creative will not be responsible for any image quality which the customers later deems to be unacceptable. Surma Creative will not be responsible for the quality of any images scanned from printed materials, if customer requested.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography, picture and image searches, digital image processing and conversion or data entry services.
Licensing and Authorization
Any design, concept, idea, copywriting or project designed for Surma Creative’s customer, is licensed for use by the client on a one-time only basis and may not be modified, re-distributed or re-used in any way or form without the written consent of Surma Creative and/or 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. Surma Creative will not be responsible for any and all damages resulting from such claims.
Surma Creative is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Surma Creative responsible for any such loss or damage.
Any claim against Surma Creative and/or any of its sub-contractors will be limited to the relevant charges and fees paid by the customer.
Design Turnaround Time
Any indication of a design project’s duration given by Surma Creative is to be considered by the customer to be an estimation and Surma Creative cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date confirmed in writing by Surma Creative.
Surma Creative considers the design project complete upon receipt of the customer’s signoff e-mail. Other services such as filmwork, website uploading, publishing etc. either contracted on the clients behalf constitute a separate order and will be treated as a separate charge.
Design Credits and Intellectual Property
The customer agrees to allow Surma Creative to place a small credit on advertisements or other strictly specified projects and/or a link to Surma Creative 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 project.
The customer also agrees to allow Surma Creative to place all designs on Surma Creative own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Surma Creative will be owning the rights to any project designed until the final payment is made.
Suspension of Services
Surma Creative reserves the right to suspend services in any case where customer fail to perform customer obligations under this agreement. If payment for services is not received within the terms of payment stipulated by Surma Creative's websites may be taken down.
Rights of Refusal
Surma Creative 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. Surma Creative also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Surma Creative does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow to remove the contravention without hindrance, or penalty. Surma Creative is to be held in no way responsible for any such included data.
Cancellation of orders may be made initially by phone contact, or e-mail, but following this, Surma Creative will need formal notification to the Surma Creative's email 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 amount due must be paid within 14 days. Any cancellation which is not formally confirmed in writing and received by Surma Creative within 14 days of such instruction being issued, will be liable for the full quoted cost of the work.
Instant Design Platform
Instant Design is an online graphic services booking platform managed and developed by Surma Creative. Three types of graphic design services are served on Instant Design platform: BasicPack, ProPack and BusinessPack. Products and partial services available on platform may be combined and mixed together.
Order is placed by filling shopping cart with partial products or services. The shopping cart is a temporary place to store a list of your services and reflects each service recent price.
When order is placed using Instant Design booking platform, full payment must be made upon checkout. Order process is completed when payment is successfully made. Payments may be made by, online transfer, credit card (Visa, Mastercard) or Debit Card.
Customer will be asked for submitting any other information connected to his design requirements or any guidelines available.
When multiple design options are submitted, only one project is deemed to be given by us as fulfilling the order. All other designs and concepts remain the property of Surma Creative. Customer has right to ask for any changes or amendments required to meet customer expectations.
Surma Creative reserves the right to change any rates and any of package features at any time and without prior notice.
All other terms of using Instant Design platform not listed above are regulated by the Surma Creative Terms & Conditions.
Surma Creative makes no warranties of any kind, express or implied, for any and all products and services that it supplies. Surma Creative will not be responsible for any and all damages resulting from products and/or services it supplies. Surma Creative will not be held 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 Surma Creative responsible for any such loss or damage. Any claim against Surma Creative shall be limited to the relevant fee(s) paid by the customer.
Surma Creative 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. Surma Creative 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. Surma Creative 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 Surma Creative 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 Surma Creative.
For the avoidance of doubt, the Surma Creative Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.