Universal Terms of Service

The following Terms and Conditions of Service apply to all products and services provided by Splint Media.

All work is carried out by Splint Media on the understanding that the client has agreed to Splint Media’s terms and conditions.

Copyright is retained by Splint Media on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

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

Project Acceptance
At the time of proposal, Splint Media will provide the customer with a written estimate or invoice.

Charges
Charges for design services to be provided by Splint Media, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s 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. Work on the project will not commence until Splint Media has received this amount. Projects that require a work for hire agreement will result in fees three times our normal hourly or per project rate based on industry standard practices.

Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment
The customer will be provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of either $5.00 per month or 2% per month of the outstanding amount, whichever is greater. Accounts which remain outstanding will incur an additional late fee of $50 every month after 90 days.

Payments may be made by cash, check, PayPal or previously agreed electronic funds transfer.

Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. Splint Media shall be considered entitled to remove Splint Media’s and/or the customer’s material from any and all computer systems, 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 Splint Media’s reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions. The terms and conditions of this Agreement shall be governed by the laws of the State of Oregon.

Copyrights and Trademarks
By supplying text, images and other data to Splint Media 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.

By supplying images, text, or any other data to Splint Media, the customer grants Splint Media permission to use this material freely in the pursuit of the design.

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

Licensing
Any design, copy writing, drawing, idea or code created for the customer by Splint Media, 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 Splint Media and any of it’s relevant sub-contractors.

Project Duration
Any indication given by Splint Media of a design project’s duration is to be considered by the customer to be an estimation. Splint Media cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Splint Media for the initial payment or by date confirmed in writing by Splint Media. If a project is delayed past the expected date for no fault of Splint Media then Splint Media reserves the right to charge reasonable storage fees for the storage of supplies or inventory. Storage fees vary by size but will be billed by physical box of goods or overall size of storage needed. Rates are $10-$20 per box per month or $100 per vertical 2×3 ft space from floor to 8ft ceiling, whichever is greater. These rates may vary and are subject to change. The customer agrees to supply Splint Media with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Project Completion
Splint Media considers a project complete upon request of the customer’s final payment. For web design projects, the project is considered complete upon launch of a live website. In any additional case where a product produced by Splint Media is available to a third party, displayed for public use, available for the generation of profit, or if it is being used by a business in any public capacity, the project will also be considered complete. Other services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

Website Design
Once web design is complete, Splint Media will provide the customer with the opportunity to review the resulting work. Splint Media 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, color schemes or any navigation features. Any minor changes may be requested by email.

Splint Media 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.

Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Splint Media cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.

Design Credits
The customer agrees to allow Splint Media to place a small credit on printed material exhibition displays, advertisements and/or a link to Splint Media’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 Splint Media to place websites and other designs, along with a link to the client’s site on Splint Media’s own website for demonstration purposes and to use any designs in it’s own publicity.

Rights of Refusal
Splint Media will not include in it’s 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. Splint Media also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Splint Media does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Splint Media to remove the contravention without hindrance, or penalty. Splint Media 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 e-mail. 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.

General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Splint Media 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 Splint Media and validated by the customer’s initial payment, 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 client and Splint Media.