1. Acceptance. A copy of these terms and conditions must be signed by all clients wishing to undertake work carried out by Oracle Design, indicating agreement to and acceptance of these Terms and Conditions
2. Charges. Charges for services to be provided by Oracle Design are defined in the project quotation that the Customer receives via post or e-mail. All design services may require an advance payment of a minimum of twenty (20) percent of the project quotation total before the work is supplied to the Customer for review. The remaining eighty (80) percent of the project quotation total will be due upon completion of the work. Payment for services is due by cash, cheque or BACS payable to "Mr A.D.J Stone" and sent to Oracle Design, Oracle Studios, 73a Pydar Close, Newquay, Cornwall, TR7 3BT.
3. Payment. Invoices will be provided by Oracle Design upon completion of the work for Design and any associated services. Invoices are normally sent via email; however, the Customer may elect to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of eight percent (8%) above the current Bank of England base rate or a compensation entitlement of £40 per month of the total amount due. Note that the amount will be compounded and will be at the discretion of Oracle Design.
4. Default. Accounts unpaid thirty (30) days after the date of invoice will be considered in default. Customers with accounts in default agree to pay Oracle Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Oracle Design in enforcing these Terms and Conditions.
5. Termination. Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
6. Copyright. The Customer retains the copyright to data, files, photos and graphic logos provided by the Customer, and grants Oracle Design the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting Oracle Design permission and rights for use of the same and agrees to indemnify and hold harmless Oracle Design from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions. The agreement of undertaking the contract shall be regarded as a guarantee by the Customer to Oracle Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
7. Standard Media Delivery. Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (ASCII text files, Word documents delivered on CD or via e-mail) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Oracle Design to return to the Customer any images or printed material provided for use in creation of the Customer's design, such return cannot be guaranteed. If the site requires additional images that have to be sourced by Oracle Design a charge will be made, agreed before in the project quotation.
8. Design Credit. A design credit for Oracle Design may appear in either small type or by a small graphic at the bottom or within the project, of the Customer's design, unless otherwise agreed. If a graphic is used, it will be designed to fit in with the overall design.
9. General. These Terms and Conditions supersede all previous representations, understandings or agreements. The Customer's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.
10. Governing Law. This Agreement shall be governed by English Law.
Note that these Terms and Conditions were updated on 01/10/09.
Privacy policy: Please note that your details will not be passed on to any third parties and will only be used by the Oracle Design team to contact you with regard to your particular enquiry.
