1. These Terms and Conditions apply to all transactions between the Customer and Eyedent Studio ("the Company") unless expressly varied in writing and signed by or on behalf of Niall McKenna. Acceptance of an estimate indicates that the Customer accepts these Terms and Conditions and no other additional or alternative Terms and Conditions shall apply.
2. All estimates and quotations for design or production are valid for 28 days from the date of issue, unless expressly stated otherwise in the Quotation document.
3. Costs and Responsibilities 3.1. If, after acceptance of an estimate, costs rise due to factors beyond the Company’s control, the Customer will bear those costs. 3.2. If there are alterations in the specification from that outlined in the estimate or quotation, additional costs will be borne by the Customer. 3.3. Additional work needed to meet deadlines or achieve a commercially acceptable job, resulting from: (i) Inadequate or insufficient copy or materials, (ii) Incomplete or incorrect instructions, or (iii) Late delivery of copy or materials will be charged to the Customer. 3.4. All preliminary work costs are to be borne by the Customer regardless of whether the full job proceeds. 3.5. Acceptance of the estimate is based solely on the description, visual proofs, or specifications provided with it. Reliance on previous work or expectations is not valid. 3.6. It is the Customer’s responsibility to thoroughly check the proof and/or specification and notify Eyedent Studio in writing of any required changes. The Company is not liable for errors not communicated in writing. Any changes requested after proof/specification approval will incur additional charges. 3.7. The Customer indemnifies Eyedent Studio against any legal costs, damages, or losses resulting from third-party actions relating to copyright, libel, or negligence.
4. Payment Terms 4.1. Web design: 50% deposit required at proof sign-off. Final 50% due before the site goes live. Customer must proof and sign off a cloud-based draft. 4.2. Printed materials: Full payment required in advance of production. 4.3. Design and marketing services: Invoiced at completion or in agreed increments. 4.4. All invoices require full payment within 14 days. A 5% weekly penalty charge applies to overdue invoices. 4.5. Extended payment terms may be granted at Eyedent Studio’s discretion. Payment may be required before job delivery. 4.6. Mailing jobs: Postage must be paid in advance. Any dispute does not waive postage payment.
5. Retention of Title 5.1. Eyedent Studio retains ownership of all jobs until full payment is received. The Company reserves the right to recover goods and associated costs.
6. Force Majeure 6.1. Eyedent Studio is not liable for delays or non-performance due to events beyond reasonable control. 6.2. Customers may terminate the contract during such delays, subject to payment for work done and materials used. 6.3. All costs incurred up to termination remain the Customer’s responsibility.
7. Printing Tolerances 7.1. Delivery may vary by ±5% of the ordered quantity. This variation must be paid in full.
Exact quantities must be specified in writing.
8. Goods Condition 8.1. All goods are considered in good condition at delivery unless a defect is reported in writing within 48 hours. Eyedent Studio may remedy, discount, or reprint within a reasonable time.
9. Delivery Delays 9.1. Eyedent Studio is not liable for direct or consequential loss from late delivery or delivery of substandard goods.
10. Customer Property 10.1. Eyedent Studio is not liable for loss or damage to customer-supplied property. Insurance is the Customer’s responsibility. 10.2. A reasonable storage charge may apply.
11. Lien 11.1. Eyedent Studio may retain a lien on goods for unpaid debts and may dispose of them if payment is not received within 14 days of notice.
12. Interest on Late Payment 12.1. Eyedent Studio reserves the right to charge statutory interest on overdue balances. 12.2. Recovery costs and solicitor fees are the Customer’s responsibility.
13. Website Maintenance 13.1. CMS website updates and security are the Customer’s responsibility unless otherwise agreed in writing.
14. Printing Method 14.1. Eyedent Studio is not obliged to disclose the method of print production. Customers accept the inherent tolerances.
15. Customer Content 15.1. The Customer warrants that all supplied content (text, graphics, trademarks, etc.) is owned or properly licensed.
16. Intellectual Property 16.1. Customer Content remains the Customer’s property. Eyedent Studio is granted a limited license for use in services and promotion. 16.2. Third-party materials must be properly licensed by the Customer. The Customer indemnifies Eyedent Studio for any related claims. 16.3. Eyedent Studio retains all rights to Preliminary Works and original artwork unless explicitly transferred. 16.4. Trademark rights are assigned only upon full payment. The Customer is responsible for ensuring trademarks are free to use. 16.5. Designer Tools remain Eyedent Studio’s property. A limited, non-transferable license is granted for use with Final Deliverables. 16.6. Final Art usage is limited to its original form. Additional licenses are required for derivative or altered uses.
17. Additional Warranties 17.1. Eyedent Studio warrants that Final Deliverables will meet specifications, excluding issues caused by Customer Content or third-party apps. 17.2. Designer Tools do not knowingly infringe third-party rights.
18. Legal Compliance 18.1. Eyedent Studio aims for compliance with applicable laws. The Customer is responsible for legal use of software and technology.
19. Relationship 19.1. Eyedent Studio operates as an independent contractor. This agreement does not create a partnership. 19.2. Eyedent Studio may use subcontractors and remains responsible for their compliance. 19.3. The Customer shall not solicit Eyedent Studio’s staff or agents for employment for 6 months post-contract. Breach incurs a commission fee. 19.4. This agreement is non-exclusive. Both parties may work with other clients.