Terms & Conditions

The following Terms and Conditions of Service apply to all products and services provided by CreativeGeniuz a.k.a. Shaheem Willemsen and in the event of any dispute are governed by the laws of The Netherlands. All work is carried out by CreativeGeniuz on the understanding that the client has agreed to our terms and conditions. Copyright is retained by CreativeGeniuz 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 designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of CreativeGeniuz, unless specifically agreed in writing.

Copyrights & Trademarks

By supplying text, images and other data to CreativeGeniuz 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, or text supplied and/or designed by CreativeGeniuz on behalf of the customer, will remain the property of CreativeGeniuz and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose. The customer may request in writing from CreativeGeniuz, the necessary permission to use materials (for which CreativeGeniuz holds the copyright) in forms other than for which it was originally supplied, and CreativeGeniuz may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used. Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not CreativeGeniuz. By supplying images, text, or any other data to CreativeGeniuz, the customer grants CreativeGeniuz permission to use this material freely in the pursuit of the design. Should CreativeGeniuz, 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 CreativeGeniuz to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold CreativeGeniuz 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.

Design charges

Charges for design services to be provided by CreativeGeniuz 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 payment of 50% of the quoted fee will become immediately due. Unless agreed otherwise with the Client, all design services require an advance payment (if the quotation amount is above €100,- a minimum of fifty (50) percent will be required) of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

Charges for other services

Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance. The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge. The customer also agrees that CreativeGeniuz 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 CreativeGeniuz, or any of its 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 CreativeGeniuz and any of its relevant sub-contractors. All design work – where there is a risk that another party 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. CreativeGeniuz will not be held responsible for any and all damages resulting from such claims. CreativeGeniuz is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold CreativeGeniuz responsible for any such loss or damage. Any claim against CreativeGeniuz shall be limited to the relevant fee(s) paid by the customer.

Rights of Access for Website Construction

The client agrees to allow CreativeGeniuz all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow CreativeGeniuz access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions. The customer agrees to supply CreativeGeniuz with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

 

Rights of Access for Website Construction

Any indication given by CreativeGeniuz of a design project’s duration is to be considered by the customer to be an estimation. CreativeGeniuz 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 CreativeGeniuz for the initial payment or by date confirmed in writing by CreativeGeniuz.

Design Credits

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

Disclaimer

CreativeGeniuz makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. CreativeGeniuz will not be held responsible for any and all damages resulting from products and/or services it supplies. CreativeGeniuz 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 CreativeGeniuz responsible for any such loss or damage. Any claim against CreativeGeniuz shall be limited to the relevant fee(s) paid by the customer. CreativeGeniuz 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. CreativeGeniuz will not knowingly perform any actions to contravene these and the client also agrees to be so bound. CreativeGeniuz 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. CreativeGeniuz 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. CreativeGeniuz reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, CreativeGeniuz will need formal notification in writing to the company’s postal 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 CreativeGeniuz within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by CreativeGeniuz, by email, WhatsApp, any social media platform, via the website, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.creativegeniuz.com. An estimate validated by the customer’s signature on the estimate or quotation form, or by email, 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 CreativeGeniuz.

Updated on: 11-07-2022

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