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Terms and Conditions

The following Terms and Conditions of Service apply to all products and services provided by Keith Draws.


All work is carried out by Keith Draws on the understanding that the client has agreed to Keith Draws's terms and conditions.

Choice of Designs
If a choice of design is presented, only one solution is deemed to be given by Keith Draws as fulfilling the contract. All other designs remain the property of Keith Draws, unless agreed in writing that this arrangement has been changed.

Project Acceptance
At the time of proposal, Keith Draws will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Keith Draws's website.

A copy of the written estimate or quotation is to be returned by email by the customer to indicate acceptance and should be returned to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Alternatively, the client may email an official order in reply to the estimate or quotation which binds the client to accept Keith Draws' terms and conditions. No work on a project will commence until either document has been received by Keith Draws.

Charges
Charges for services to be provided by Keith Draws, 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 deposit of 40%  of the quoted fee will become immediately due. Work on the project will not commence until Keith Draws has received this amount. In special cases this deposit may be renegotiated but any re negotiation must be confirmed in email by Keith Draws

Charges for Services over and above the original estimate
Charges for any additional services over and above the original estimate, become fully payable (100% of the extra amount) at the time of submission.

Payment
The customer will be provided with an Approval Form and 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 to Keith Draws. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.

Payments may be made by cash in Mexican Pesos, or PayPal in Mexican Pesos; or if previously agreed by electronic funds transfer.

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

Default
An account shall be considered default if it remains unpaid for 14 days from the date of invoice. Keith Draws shall be considered entitled to remove Keith Draws's and/or the customer's material from any and all computer systems, or any publication or distribution source 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 it's obligation to pay the due amount. Customers whose accounts become default agree to pay Keith Draws reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks
By supplying text, images and other data to Keith Draws 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, animations, or text ( or any creation in any medium) supplied and/or designed by Keith Draws on behalf of the customer, will remain the property of Keith Draws and/or it's suppliers unless an agreement is reached and a fee paid to transfer ownership of copyright to the customer. Even when Copyright of artwork, images, animations, or text ( or any creation in any medium) supplied and/or designed by Keith Draws has been transfered to the customer, Keith Draws still retains the right to publish these elements to promote his work or as part of a portfolio without payment of any royalties or the need for permission.

The customer may request in writing from Keith Draws, the necessary permission to use materials (for which Keith Draws holds the copyright) in forms other than for which it was originally supplied, and Keith Draws may, at his 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 Keith Draws, the customer grants Keith Draws permission to use this material freely in the pursuit of the design.

Should Keith Draws, 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 Keith Draws to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold Keith Draws 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.

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 Keith Draws holds no responsibility for any amendments made by any third party, before or after a design is published.


 

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