Terms of the Contract
Having received a brief of requirements from the customer, either verbal or written, RAKUNN DESIGNS will produce a quotation detailing the design work to be carried out. The customer must provide written confirmation that the quotation is acceptable. Otherwise, the initiation of the project ordered by the client will be understood as an acceptation of the quotation by the client. The quotation will effectively form the basis of this contract. However, project may be re-estimated if, upon receipt of all project elements, the designer determines the scope of the project has been altered dramatically from the originally agreed upon concept.
This agreement constitutes the entire agreement between RAKUNN DESIGNS and the customer. In making this agreement each party confirms that they have not relied on any inducement not recorded in this agreement.
Copyright and Content
RAKUNN DESIGNS will not be responsible for pictures provided by clients to make their designs. The client MUST own copyright, or have reproduction rights, of all artwork, trade names, photographs, and other materials supplied to RAKUNN DESIGNS for inclusion on the clients web site and/or art work. The client shall indemnify RAKUNN DESIGNS against any costs whatsoever in connection with the ownership of copyright or reproduction rights. The client shall have full liability for the consequences of the contents of their site as long as the site reflects the clients’ instructions to us. Customer’s logos, artwork, graphics and photographs remain the Copyright of the customer. Design, graphics and programming produced by RAKUNN DESIGNS remain the intellectual property, of RAKUNN DESIGNS unless otherwise agreed. Copyright of any CGI or Java scripts within the website will remain the property of RAKUNN DESIGNS for the duration of the websites existence and shall not be modified or reused without the express permission of RAKUNN DESIGNS. All domain names are registered in the clients name and not that of RAKUNN DESIGNS. RAKUNN DESIGNS withholds the right to refuse publication on the web of any content which it sees as being indecent, obscene or offensive towards others.
The Company (RAKUNN DESIGNS) retains personal right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purpose and the marketing of the business.
Design of Websites
RAKUNN DESIGNS will produce and publish temporarily on the RAKUNN DESIGNS’ server a design proof for the customer’s approval. The design copyright of the proof shall remain the sole property of RAKUNN DESIGNS. Use of the design in any respect without the express written permission of RAKUNN DESIGNS will constitute breach of copyright. RAKUNN DESIGNS will complete the design and build of the customer’s website after receiving written confirmation that the design proof is satisfactory.
RAKUNN DESIGNS will release website code and graphics when payment of the final invoice for the outstanding quotation value is received in full. Once RAKUNN DESIGNS has received written confirmation that the design proof is satisfactory, modifications to the design specification will be considered an amendment to the contract. All modifications must be confirmed in writing.
Invoicing, Payment and Tender Validity
Tenders and Quotes are valid for 30 days from the date of the Tender or Quote. All prices quoted may be subject to change without notice after this period.
-Graphic Design/Web Design Services
Payment for the services must (unless otherwise agreed with RAKUNN DESIGNS) be made as follows: a deposit in an amount equal to 50% non-refundable of the total estimated cost is required prior to execution of the project, next 50% after approval and final completion of the project, but before sending it. Payment in full or the remaining balance is to be paid in order to proceed upload the work (in the case of a Website) into your server. (Your are responsible of getting a domain name for your website, and if you want us to upload the website to your server you need to provide us with all the information and passwords to upload it)
Design modifications will be a charged extra. Payment shall be made in USD to RAKUNN DESIGNS. Payments are due within 14 days of presentation of invoice. If due to bank charges, transfer fees, or the like, RAKUNN DESIGNS should receive less than its invoice amount, RAKUNN DESIGNS will re-invoice customer for the shortfall.
In the event that any amount remains unpaid fourteen days after invoice date, RAKUNN DESIGNS reserves the right to discontinue, withhold, or suspend services to the customer to whom such unpaid amounts relate. Once RAKUNN DESIGNS has undertaken a commission for services, a cancellation fee of 75% will apply if the contract is terminated through no fault of RAKUNN DESIGNS. An interim invoice will also be levied for 75% of the total quotation value if website content is not received within 30 days of commission. The final invoice will be issued when work has been completed on the customer’s website design. Website code and graphics will not be released to the customer until payment is received in full. Any further modifications to the website will be chargeable under separate terms.
The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any nonconformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labor or expenses to date. All elements of the project must then be returned to the designer. Any usage by the client of those design elements will result in appropriate legal action. Client shall bear all cost, expenses, and reasonable attorney’s fees in any action brought to recover payment under the contract.
RAKUNN DESIGNS will not tolerate any attempts to obtain goods by fraudulent means. Any fraudulent action will be reported to the relevant authorities. Please note that Internet host IP addresses are recorded when placing an order online. You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.
RAKUNN DESIGNS uses a high technology in computers and software; we protect ourselves with appropriate anti-viruses and do not want to put in risk the integrity of our clients. However; RAKUNN DESIGNS shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. RAKUNN DESIGNS recommends that you install appropriate anti-virus or other protective software.
•You will need to provide us with your Logo in digital format as well as good resolution pictures of your product/service, and fully edited text by e-mail.
•All the pictures provided by the client have to be acquired legally either paid for the rights to use it on commercial designs or have a release signed from a photographer (in case photographer was hired to take pictures) and a model release (if there is/are a person(s) on the photo). RAKUNN DESIGNS will not be responsible for pictures provided by clients to make their designs.
•If you decide we provide the picture(s), additional cost for every picture will be charge.
•Prices in this page are based in the designs created with clients ideas, we help you with new ideas and give you our opinion, but if client requires RAKUNN DESIGNS to do a Market Research prices will vary depending on the project.
•Project may be re-estimated if, upon receipt of all project elements, the designer determines the scope of the project has been altered dramatically from the originally agreed upon concept.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND RAKUNN DESIGNS REGARDING THE REFERRAL PROGRAM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND RAKUNN DESIGNS RELATING TO THE SUBJECT OF THIS AGREEMENT.