TERMS AND CONDITIONS
The following Terms and Conditions of Service apply to all products and services provided by Silly Billie Creative and in the event of any dispute. All work is carried out by Silly Billie Creative on the understanding that the client has agreed to our terms and conditions. Copyright is retained by Silly Billie Creative 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 Silly Billie Creative , unless specifically agreed in writing.
Project Acceptance
At the time of proposal, Silly Billie Creative can provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Silly Billie Creative website.
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Design Charges
Charges for design services to be provided by Silly Billie Creative will be set out in the written estimate or quotation that is provided to the customer.
For new customer: At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. 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.
For current customer: Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of thirty (30) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining seventy (70) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
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Source Files
We will supply proofs and PSD 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.
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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.
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Payment
Payments is due no later than 48hrs prior starting initial work. The payment may be made by credit card (Visa, MasterCard) or Debit Card using secure third party payment links.
To avoid scams, please always check the invoice number on payment link match the invoice number we send you
on email.
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Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Silly Billie Creative shall be entitled to remove Silly Billie 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 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 Silly Billie Creative ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
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Copyrights and Trademarks
By supplying text, images and other data to Silly Billie Creative 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 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 Silly Billie Creative. By supplying images, text, or any other data to Silly Billie Creative, the customer grants Silly Billie Creative permission to use this material freely in the pursuit of the design. The customer agrees to fully indemnify and hold Silly Billie Creative 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 permission.
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Alterations
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 Silly Billie Creative holds no responsibility for any amendments made by any third party, before or after a design is published.
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Licensing
Any design, copywriting, drawing, idea or code created for the customer by Silly Billie Creative, 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 Silly Billie Creative 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.
Silly Billie Creative will not be held responsible for any and all damages resulting from such claims. Silly Billie 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 Silly Billie Creative responsible for any such loss or damage. Any claim against Silly Billie Creative shall be limited to the relevant fee(s) paid by the customer.
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Data Formats
The client agrees to Silly Billie Creative’s definition of acceptable means of supplying data to the company. Text is to be supplied to Silly Billie Creative in electronic format as standard text (.txt), MS Word (.docx) 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 Silly Billie Creative via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Silly Billie Creative will not be held responsible for any image quality which the client later deems to be unacceptable.
Silly Billie Creative 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.
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Design Project Duration
Any indication given by Silly Billie Creative of a design project’s duration is to be considered by the customer to be estimation. Silly Billie Creative 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 Silly Billie Creative for the initial payment or by date confirmed in writing by Silly Billie Creative.
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Rights of Access for Website Construction
The client agrees to allow Silly Billie Creative all necessary access to computer systems and other locations, as required, in order to complete a website or social media project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The customer also agrees to allow Silly Billie Creative 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 customer agrees to supply Silly Billie Creative with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
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Website design only
Silly Billie Creative require 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 requires changes to the template will incur an additional charge.
Once web design is complete, Silly Billie Creative will provide the customer with the opportunity to review the resulting work Silly Billie Creative 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 Silly Billie Creative by e-mail.
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Design Credits
The customer agrees to allow Silly Billie Creative to place a small credit on printed material exhibition displays, advertisements and/or a link to Silly Billie 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 page.
The customer also agrees to allow Silly Billie Creative to place websites and other designs, along with a link to the client’s site on Silly Billie Creative’s own website/and social media for demonstration purposes and to use any designs in its own publicity and portfolios.
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Rights of Refusal
Silly Billie 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. Silly Billie Creative also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Silly Billie Creative does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Silly Billie Creative to remove the contravention without hindrance, or penalty. Silly Billie Creative is to be held in no way responsible for any such data being included.
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Cancellation
Silly Billie Creative requires over 24hrs notice in case of cancellation prior commencing any work for full refund.
For less than 24hrs cancellation notice period (prior initial work commencing) will see a partial refund. Such short notice will incur a charge of £50 deductible from the refund. During a project, and In case of no response from the customer/clients end more than a 30 days period or long, then project will be cancelled without any notice or intimation to the client or customer and no amount will be refunded.
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General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Silly Billie Creative reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
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Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Silly Billie Creative, by email or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at https://www.silly-billie-agency.net
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 Silly Billie Creative.