Terms and Conditions
- The following Terms and Conditions of Service apply to all web design, development, artwork, graphic design, print, video, animation, social media, development and any other services provided by Cholo Digital Limited registered in England & Wales under company registration number 10802890, whose registered address being Prospect House, Featherstall Rd South, Oldham OL9 6HT. All reference to Cholo or Cholo Digital in these terms and conditions are references to Cholo Digital Limited.
- All design work is carried out by Cholo Digital on the understanding that the client has agreed to abide by Cholo Digital’s terms and conditions.
- Copyright of all graphic design work is retained by Cholo Digital including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing).
- If multiple design concepts are submitted, only one concept is deemed to be given by Cholo Digital as fulfilling the contract. All other artwork designs remain the property of Cholo Digital, unless agreed in writing and they must not be reproduced or distributed without the written consent.
Project Acceptance
- At the time of proposal, Cholo Digital will provide the customer with a written estimate or quotation by post, email or any other medium as requested.
- 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 Cholo Digital by email, post or any other suitable medium. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Cholo Digital’s terms and conditions. No work on a project will commence until either document has been received by Cholo Digital.
Fees
- Fees for services to be provided by Cholo Digital, 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 50% of the quoted fee will become immediately due on projects. Work on the project will not commence until Cholo Digital has received this amount.
- Unless otherwise agreed¸ the customer agrees to pay 25% upon completion of first agreed milestone and 25% upon delivery of final project.
Charges for Other Services
- Charges for any additional services over and above the estimated design, will be made known to the client. They will become fully payable at the time of project acceptance.
Payment
- The client will be asked to provide artwork, mockup or development process or storyboard sign off before being issued with an Invoice. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charge of £25 per week.
- Payments may be made by Bacs, cheque, or previously agreed electronic funds transfer.
- Returned cheques will incur an additional fee of £50 per returned cheque. Cholo Digital reserves the right to consider an account to be in default in the event of a returned cheque.
Default
- An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Cholo Digital shall be considered entitled to remove Cholo Digital’s and/or the customer’s material from any and all computer systems, web servers, advertising medium, 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 Cholo Digital 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 Cholo Digital for inclusion in the customer’s brochure 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.
- In the case of videography, the Client declares that the Client has the permission to use any copyright material and indemnifies Cholo for any copyright or any Intellectual Property right breaches that may arise as a result of the use of characters, costumes, footage or images supplied by the client.
- Any artwork, images, or text supplied and/or designed by Cholo Digital on behalf of the customer, will remain the property of Cholo Digital and/or it’s suppliers, in which full copyright will be passed to the client upon receipt of full payment.
- By supplying images, text, or any other data to Cholo Digital, the customer grants Cholo Digital permission to use this material freely in the pursuit of the design and to utilise the designs in Cholo Digital’s portfolio unless agreed otherwise.
- Should Cholo Digital, 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 Cholo Digital to remove and/or replace the file.
- The customer agrees to fully indemnify and hold Cholo Digital 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 Cholo Digital 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 Cholo Digital, or any of it’s 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 Cholo Digital and any of it’s 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. Cholo Digital will not be held responsible for any and all damages resulting from such claims. Cholo Digital is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Cholo Digital responsible for any such loss or damage. Any claim against Cholo Digital shall be limited to the relevant fee(s) paid by the customer.
Data Formats
- The client agrees to Cholo Digital’s definition of acceptable means of supplying data to the company.
- Text is to be supplied to Cholo Digital in electronic format as standard text (.txt), MS Word (.doc), USB data stick, or via e-mail.
- Images which are supplied in an electronic format, are to be provided in a format as prescribed by Cholo Digital electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Cholo Digital will not be held responsible for any image quality which the client later deems to be unacceptable. Cholo Digital 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.
Design Project Duration
- Any indication given by Cholo Digital of a design project’s duration is to be considered by the customer to be an estimation. Cholo Digital cannot be held responsible for any project over-runs, whatever the cause.
Design Project Completion
- Cholo Digital considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
- Upon completion of a design project, the client will be provided with PDF, JPEG and PNG version of the final work.
- The source file may be purchased from Cholo.
Website Design Only
- Unless otherwise agreed, customer will be provided with a mockup either in an image format or in the form of sample or example site to agree, prior to development.
- Once web design/ development is complete, Cholo Digital will provide the customer with the opportunity to review the resulting work. Cholo Digital 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 Cholo Digital by email or post.
- Cholo Digital 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
- Cholo Digital offers a limited hosting service through an out-sourced server. Cholo Digital does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Cholo Digital may request that clients change the type of hosting account used if that account is deemed by Cholo Digital to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for Cholo Digital’s hosting service 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 Cholo Digital are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
Developments only
- Once an application functionality is agreed, Cholo Digital will commence development. Any changes to functionality after this agreement will incur additional charges.
- Once Smartphone App or web application is complete, Cholo Digital will provide the customer with the opportunity to review the resulting work and provide approval. Cholo Digital 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 Cholo Digital by email or post.
- Cholo Digital 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.
- All intellectual property in codes, APK, design belong to Cholo Digital unless released to the client in writing. The client may not amend,reproduce, update or add any functionality to any application developed by Cholo Digital without its written authority. Doing so will be deemed a breach of Cholo Digital’s intellectual property rights.
- Any application developed is granted to the customer for their use.
- Unless otherwise agreed, Client is required to provide all content for the website.
Duration and Renewal of Hosting Services
- Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in writing will automatically be renewed for the billing period chosen on sign up. You are entitled to cancel the Services by contacting Cholo Digital no less than 3 months prior to the renewal date for your Services.
Design Credits / Reproduction / Marketing
- The customer agrees to allow Cholo Digital to place a small credit on printed material, exhibition displays, advertisements and/or a link to Cholo Digital’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 Cholo Digital to place all designs on Cholo Digital’s own website, Social Media channels and/or any other publication of Cholo’s choosing for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
- Cholo Digital 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. Cholo Digital also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Cholo Digital does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Cholo Digital to remove the contravention without hindrance, or penalty. Cholo Digital 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 email, however, following this, Cholo Digital will need formal notification in writing to the company’s postal address or email 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 monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Cholo Digital within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
- Cholo Digital makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Cholo Digital will not be held responsible for any and all damages resulting from products and/or services it supplies. Cholo Digital 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 Cholo Digital responsible for any such loss or damage. Any claim against Cholo Digital shall be limited to the relevant fee(s) paid by the customer.
- Cholo Digital 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. Cholo Digital will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
- Cholo Digital 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. Cholo Digital recommend 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. Cholo Digital reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
- The placement of an order for design and/or any other services offered by Cholo Digital and validated by the customer’s signature on the estimate or quotation, 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 Cholo Digital.
Complaints handling
- In the unlikely event that the client is unhappy with any element of the product or service delivered, the client agrees to raise any issues with Cholo Digital in the first instance to Cholo Digital to resolve any issue.
- In the event that a dispute arises relating to or stemming from this Agreement, the client agrees to refrain from using any social media outlets, including but not limited to Facebook, Twitter, Instagram, Google+, YouTube, Pinterest, and LinkedIn to discuss the dispute and/or Company in any manner.
- The Client hereby acknowledges that a breach of this paragraph would cause Cholo Digital to suffer a loss which could not be adequately compensated for by damages and consents that in addition to any other remedy or relief available to it, Cholo digital may enforce the performance of this subsection by injunction or specific performance upon application to a court without proof of actual damages to Cholo Digital and notwithstanding that damages may be readily quantifiable and Client agrees and accepts that it will not plead sufficiency of damages as a defense to any proceeding for such injunctive relief brought by Cholo Digital.
- The Client also accepts and agrees that the breach of this paragraph could result in unrepairable damage to Cholo Digital and agrees to compensate for any loss of business and/or reputation, to a sum sought by Cholo Digital.
- Cholo Digital shall be entitled to recover its legal fees and expenses from the client in any successful action by it to enforce this Agreement.
Support and maintenance
- Unless agreed otherwise in writing, the support and maintenance packages are subject to the published and/or proposed service offering at the time.
- Payment is due 1 month in advance.
- Client agrees to a minimum 12 month contract.
- Cholo will not be liable for any losses or otherwise for delays in applying updates and any bug fixes. However, Cholo will do their best to assist the Client with any updates and fixes needed, as quickly as they are able to.
Social Media Marketing
- The following applies to all social media marketing work conducted by Cholo.
- Cholo shall not be liable for any losses arising out its marketing carried out by Cholo.
Security and Data Protection
- Cholo Digital Limited nor any of its subsidiaries accept any liability for any data breach that may occur whilst your website is hosted by us.
- We do not accept any liability for any data breach regardless of any ongoing maintenance contracts with us.
- We do not accept any data breach i.e. the hacking of your website and any losses arising out of any such breach. This is your responsibility. We urge you to put in police your data management policies and infrastructure in place yourself. This is your responsibility.