The following Terms and Conditions of Service apply to all products and services provided by Sue Forrest Agency LLC (hereinafter referred to as the Agency) and in the event of any dispute are governed by the laws of North Carolina.

All work is carried out by the Agency on the understanding that the client has agreed to our terms and conditions.

Copyright is retained by our clients on all design work including words, pictures, ideas, visuals and illustrations and released only 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 the Agency, unless specifically agreed in writing.

Project Acceptance

At the time of the proposal, the Agency will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Agency website (sueforrestagency.com).

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to the Agency.

Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.

For the avoidance of doubt, the Agency Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.

Design Charges

Charges for design services to be provided by the Agency will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.

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.

Source Files

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 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.

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 and the customer will also be required to sign and return the Approval Form or signify approval by email to the Agency.

Any invoice queries must be submitted by email within 14 days of the invoice date.

Accounts that remain outstanding for 30 days after the date of invoice, will incur a late payment interest charge of plus 5% on the outstanding amount from the date due until the date of payment.

Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card.

Publication and/or release of work done by the Agency on behalf of the client, may not take place before cleared funds have been received.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice. The Agency shall be entitled to remove 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, 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 the Agency‘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 the Agency for inclusion in the customer’s website or other mediums, 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 the Agency.

By supplying images, text, or any other data to the Agency, the customer grants the Agency permission to use this material freely in the pursuit of the design.

Should the Agency 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 the Agency to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold the Agency 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 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 the Agency holds no responsibility for any amendments made by any third party, before or after a design is published.

Data Formats

The client agrees to the Agency’s definition of acceptable means of supplying data to the company.

Text is to be supplied to the Agency in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.

Images that are supplied in an electronic format are to be provided in a format as prescribed by the Agency via e-mail / FTP / Dropbox. Images must be of a quality suitable for use without any subsequent image processing, and the Agency will not be held responsible for any image quality which the client later deems to be unacceptable.

The Agency 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

Design Project Duration

Any indication given by the Agency of a design project’s duration is to be considered by the customer to be an estimation. The Agency 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 the Agency for the initial payment or by date confirmed in writing by the Agency.

Rights of Access for Website Construction

The client agrees to allow the Agency 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 the Agency 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 the Agency with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Website design only

The Agency requires that a wireframe and structural page mockups are approved by the customer before coding/building of a site commences. Once these items for the web site are approved by the customer, the building will commence; any changes to navigation items, colors, structure or content that require changes to the overall theme will incur an additional charge.

Once web design is complete, the Agency will provide the customer with the opportunity to review the resulting work. The Agency 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 the 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 the Agency by e-mail.

The Agency will consider that the client has accepted the original draft, if no notification of changes is received from the customer, within 14 days of the start of the review period.

Hosting websites

The Agency offers limited hosting services through an out-sourced server. The Agency does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.

The Agency may request that clients change the type of hosting account used if that account is deemed by the Agency to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on the Agency’s virtual servers are due at the commencement of any period of service and are non-refundable.

Hosting clients’ websites on our preferred third-party virtual servers is required.

Domain Registration

The Agency cannot guarantee the availability of any domain name. Where the Agency is to register a domain name on behalf of a client it will endeavor 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, The Agency 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. The Agency recommends that customers use a professional SEO company and are happy to provide details of such companies we partner with, but accept no responsibility for their services.

Design Credits

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

Rights of Refusal

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

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, the Agency will need formal notification in writing to the company’s postal 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 balance of money due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by the Agency within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

The Agency makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. The Agency will not be held responsible for any and all damages resulting from products and/or services it supplies. The Agency 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 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 the Agency responsible for any such loss or damage. Any claim against the Agency shall be limited to the relevant fee(s) paid by the customer.

The Agency 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. The Agency will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

The Agency 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. The Agency 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 distributed in any form. The Agency 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 the Agency, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.sueforrestagency.com.

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 the Agency.