« RETURN TO HOME PAGE

Think Marketing
Elm Tree House
Marlston
Bucklebury
Berkshire
RG18 9UT

Tel: 07768 585666
Email: team@think.co.uk

 

Terms and Conditions

The following Terms and Conditions of Service apply to all products and services provided by Think Marketing.
Copyright is retained by Think Marketing on all design work including working files, words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. All typefaces/fonts remain the property of the originator and are used under licence by Think Marketing.
If a choice of design is presented, only one solution is deemed to be given by Think Marketing as fulfiling the contract. All other designs remain the property of Think Marketing, unless agreed in writing that this arrangement has been changed.

Project Acceptance
At the time of proposal, Think Marketing will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on the Think Marketing website.
The client may send an official order in reply to the estimate or quotation which binds the client to accept Think Marketing’s terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation has been received by Think Marketing.

Design Charges
Charges for design services to be provided by Think Marketing will be set out in the written estimate or quotation that is provided to the customer.

Working/Source Files
Charges for design work do not cover the release of copyright design files including Quark Xpress, InDesign, Photoshop, Illustrator, Dreamweaver or any other working/source files. If the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge.

Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable on invoice.

Payment
Terms of payment are strictly 30 days from date of invoice, unless agreed otherwise. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 5% per month of the outstanding amount.
Payments may be made by online transfer, cash or cheque.
Returned cheques will incur an additional fee of £50 per returned cheque. Think Marketing reserves the right to consider an account to be in default in the event of a returned cheque.

Default
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Think Marketing shall be considered entitled to recover/remove Think Marketing 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, design and artwork, copy writing, photography, website 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 Think Marketing reasonable legal expenses and third party collection agency fees with placement of order, in the enforcement of these Terms and Conditions.

Copyrights and Trademarks
By supplying text, images and other data to Think Marketing 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 Think Marketing on behalf of the customer, will remain the property of Think Marketing and/or its suppliers.
The customer may request in writing from Think Marketing, the necessary permission to use materials (for which Think Marketing holds the copyright) in forms other than for which it was originally supplied, and Think Marketing may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to Think Marketing, the customer grants Think Marketing permission to use this material freely in the pursuit of the design.
Should Think Marketing, or the customer supply artwork, image, text, audio clip or any other file for use in a print item, advertisement, press release, website, multimedia presentation, exhibition, 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 Think Marketing to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Think Marketing 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.

Alterations
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that Think Marketing holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing
Any design, copywriting, drawing, idea or code created for the customer by Think Marketing, 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 Think Marketing and any of its relevant sub-contractors.
All design work - where there is a risk that another party may 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. Think Marketing will not be held responsible for any and all damages resulting from such claims. Think Marketing is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Think Marketing responsible for any such loss or damage. Any claim against Think Marketing shall be limited to the relevant fee(s) paid by the customer.

Data Formats
The client agrees to Think Marketing’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Think Marketing in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail / FTP.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Think Marketing via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Think Marketing will not be held responsible for any image quality which the client later deems to be unacceptable. Think Marketing 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, colour correction and alteration of images

Design Project Duration
Any indication given by Think Marketing of a design project's duration is to be considered by the customer to be an estimation. Think Marketing cannot be held responsible for any project over-runs, whatever the cause.

Rights of Access for Website Construction
The client agrees to allow Think Marketing 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 customer also agrees to allow Think Marketing 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 Think Marketing with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion
Think Marketing considers the design project complete upon delivery of the project as estimated/ordered. Other services such as changes to the original brief, client amendments, printing, filmwork, website uploading, publishing, etc, subsequently contracted on the clients behalf constitute a separate project and may be treated as a separate charge.

Website Design Only
Think Marketing requires that a template is approved by the customer before coding of a site commences. Once the template for the web site is approved by the customer, coding will commence. Any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, Think Marketing will provide the customer with the opportunity to review the resulting work. Think Marketing 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, colour schemes or any navigation features. Any minor changes can be notified to Think Marketing by e-mail or fax and confirmed by post.
Think Marketing 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.

Hosting Websites
Think Marketing offers a limited in-house hosting services through an out-sourced virtual server. Think Marketing does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Think Marketing may request that clients change the type of hosting account used if that account is deemed by Think Marketing to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Think Marketing’s virtual server are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and Think Marketing are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.

Domain Registration
Think Marketing cannot guarantee the availability of any domain name. Where Think Marketing is to register a domain name on behalf of a client it will endeavour 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, Think Marketing 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. Think Marketing recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.

Design Credits
The customer agrees to allow Think Marketing to place a small credit on printed material, exhibition displays, advertisements and/or a link to Think Marketing 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 Think Marketing to place websites and other designs, along with a link to the client's site on Think Marketing own website for demonstration purposes and to use any designs in its own publicity and portfolios.

Rights of Refusal
Think Marketing 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. Think Marketing also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Think Marketing does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Think Marketing to remove the contravention without hindrance, or penalty. Think Marketing is to be held in no way responsible for any such data being included.

Cancellation and Abandonment
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Think Marketing will need formal notification in writing to the company's postal address. The client will then be invoiced for all work completed. 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 Think Marketing within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer
Think Marketing makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Think Marketing will not be held responsible for any and all damages resulting from products and/or services it supplies. Think Marketing 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 and formats we recommend, we accept no responsibility for the performance or quality of materials or formats, or any consequential loss arising from their failure. The customer agrees not to hold Think Marketing responsible for any such loss or damage. Any claim against Think Marketing shall be limited to the relevant fee(s) paid by the customer.
Think Marketing 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. Think Marketing will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Think Marketing 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. Think Marketing recommends 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.

General
These Terms and Conditions supersede any previous Terms and Conditions. Think Marketing 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 Think Marketing, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.