Below are Presgraphics’ standard terms and conditions. It is vital that you (The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with Presgraphics™. Please also note that from time to time Presgraphics™ may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.
Agreement to work with and submission of a design brief and payment of a deposit to Presgraphics™ constitutes an agreement to these terms and conditions.
“The Client” agrees to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable prior to delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client,” this deposit is non-refundable. Presgraphics™ endeavours to provide design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited, plus a pro-rata payment based upon the time spent.
If the work time exceeds 4 calendar weeks in duration, “The Client” agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.
All printing accounts must be settled in full prior to the release of the files to the printer. Accounts which remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.
“The Client” also agrees to allow Presgraphics™ to showcase any / all work created in the course of a project as part of Presgraphics™ portfolio. Presgraphics™ acknowledges the confidential nature of projects and agrees to only display project work once the product/site has been publicly launched/commences.
Presgraphics™ shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Presgraphics™. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, the breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Wherever possible, the client will be notified of increases in the scope of the project.
This is defined as any work involving additions to the list of items defined in the Estimate of Services or changes to all pieces of finished artwork after sign off by an authorised representative of “The Client”. From time to time “The Client” will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a fee of ₹1,000 (plus GST if applicable) per hour will be payable.
Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
Publication and / or release of work performed on behalf of the client by “Presgraphics™” may not take place before cleared funds have been received.
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
It is agreed that all work and materials provided for “The Client” by “Presgraphics™” will be free and clear of all liens and encumbrances and may be lawfully used by “The Client” without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.
It is agreed that “Presgraphics™” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim.
Under no circumstances shall Presgraphics™ be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the supplies prepared by Presgraphics™ including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non-productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
While Presgraphics™ takes all care to avoid errors, Presgraphics™ accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the “Client” responsibility to proof read and approve all final copy before the production of artwork. The email verification of the Client’s representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by “The Client’s” proof reading.
It is agreed that the Presgraphics™ is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given in writing), committed to print or posted in view of the public. Presgraphics™ will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify Presgraphics™ of any such errors during the revision cycle and before the final files have been generated.
In the event of a need to reprint due to errors in content, the client must inform Presgraphics™ within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
As with all print projects, payment for re-printed project MUST be prepaid.
With all printing there may be some colour variations from what you have seen on screen to what the final product looks like and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Presgraphics™.
Presgraphics™ retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of Presgraphics™. Presgraphics™ may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, Presgraphics™ retains the right to display a small by-line claiming design credit on works it produces, except for corporate stationery.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment Presgraphics™ retains ownership of all artwork and website architecture. Presgraphics™ reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, colour palettes and other non-exclusive items.
Presgraphics™ reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Other than for the promotional use of Presgraphics™ all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by Presgraphics™ shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.
In accordance with the The Copyright Act 1957 (as amended by the Copyright Amendment Act 2012) of India, ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of Presgraphics™ till such time an agreement is in place. As part of Presgraphics™ terms of business, the copyright license is automatically released to the client on receipt of final payment for the commissioned work. Presgraphics™ reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting Presgraphics™ in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
This proposal assumes goodwill from both Presgraphics™ and “The Client” regarding:
If a client loses or accidentally deletes the files delivered by Presgraphics™ at the completion of the project, Presgraphics™ can reshare the same for a fee of ₹1,000 per request (plus GST). Providing the request from the “Client” has been made within 1 year from the date of completion.
If any client artwork is required on CD / DVD, an administration fee of approximately – ₹500 plus courier / postage will be payable.
“The Client” agrees to allow “Presgraphics™” to place a small credit on printed material exhibition displays, advertisements and / or a Presgraphics™ Graphic on the “Client” website. This will be in the form of a small logo or line of text placed towards the bottom of the page.
“The Client” also agrees to allow “Presgraphics™” to place websites and other designs, along with a link to the client’s site on “Presgraphics™’” own website for self-promotional purposes.
Some of Presgraphics™ clients come from outside India. Being a niche market, we are global specialists in the field of graphic and web design and as such create work across the world, using contemporary communication methods such as Skype, OneDrive, email and chat, along with the more traditional devices such as telephone.
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Presgraphics™. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by Presgraphics™ and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of ₹1,000 per hour plus GST.
If a project is cancelled by Presgraphics™, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the Presgraphics™.
Once web design is complete, “Presgraphics™” will provide the customer with the opportunity to review the resulting work. “Presgraphics™” 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 “Presgraphics™” by e-mail and confirmed by post. “Presgraphics™” 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. An hourly fee after this time for tweak and amendments is payable of ₹1,000 per hour plus GST.
It is agreed that employees of “Presgraphics™” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.
Accounts which are not paid within 14 days will incur a late administration fee of ₹700 + GST. Accounts which remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “the client” has stated expressly that they do not intend to pay an invoice by “Presgraphics™”, unless prior arrangements have been made. “Presgraphics™” shall at its sole discretion suspend any and all services provided to the client by “Presgraphics™” or its subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.
Suspension of such services does not relieve the client of its obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.
“The Client” whose account is in default agree to pay “Presgraphics™” reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.
“Presgraphics™” retains all copyright for work performed until full project costs have been paid. “Presgraphics™” reserves the right to reuse or resell work undertaken in the case of payment default.
“Presgraphics™” accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client” and signed by an authorised representative of “Presgraphics™” prior to the commencement of work outlined in this submission.
All contractors employed by “Presgraphics™” are held to a strict confidentiality and nondisclosure agreement. Contractors of “Presgraphics™” are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with “Presgraphics™”. If this was to be breached by the contractor “Presgraphics™” will take swift and reparatory measures to ensure “The Client” is made aware that the contractor in question is no longer a representative of “Presgraphics™” and acting independently.
Furthermore, the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases.
“Presgraphics™” aim for complete security of our clients and if we select contractors it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict “Presgraphics™” guidelines of professional behaviour and ethics.
At the time of proposal, Presgraphics™ will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Presgraphics™ website www.Presgraphics.com.
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 Presgraphics™.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the Presgraphics™ Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Charges for design services to be provided by Presgraphics™ 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 of a minimum of fifty (50) percent 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.
Graphic design, strategy, photography, TVC, illustration and marketing are all highly creative and subjective art forms. As such Presgraphics™ take every possible care with professional advice offered and any suggested creative concepts and / or their implementation, however Presgraphics™ cannot be held responsible for variations between expectation and outcome.
All information contained in this website is intended for general information purposes only. The information is provided by Presgraphics™. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. Presgraphics™ will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. Presgraphics™ has no control over websites that are linked to on this website.
Those third-party websites are under the control of their owners, and Presgraphics™ will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.
Concepts: Within 14 business days of receiving your company information and deposit, Presgraphics™ will create up to three different logo concepts for your business. Logo designs will be submitted for your review via e-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, Presgraphics™ will make any needed changes to your favourite of the three logo designs until you are completely satisfied. Up to three rounds of revision are included in quoted price. Further revisions will incur additional costs at Presgraphics™’ current hourly rate.
File Delivery: After the final logo design is approved, the logo design is provided to you as a digital file (.jpg, .pdf, and .eps graphics file formats).
Ownership: You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. Presgraphics™ retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Presgraphics™ permission to use client’s full name, business address, and / or website address, for testimonial purposes on her website, or other business-related media. The client understands that it is the client’s responsibility to copyright the logo design and / or seek trademark.
Payment: In return for logo design, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final logo design is approved but before it is delivered. The client understands that the final logo design belongs to Presgraphics™ until paid in full. In the event of termination of this Agreement, Presgraphics™ owns the logo and has the right to complete, exhibit, and / or sell the logo design (not including business name). Furthermore, Presgraphics™ owns all the logo design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that Presgraphics™ reserves the right to display the logo for business promotional use.
Originality: Presgraphics™ affirms that our logo designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Delays: Illness, injury, or other events beyond Presgraphics™’ control, such as: fire, theft, computer failure, and Acts of God may result in a delay to project delivery of unpredictable length.
Termination: The client has the right to terminate this Agreement if, Presgraphics™ fails to complete the Logo within 60 days of deposit submission. If agreement is terminated for any reason other than failure to deliver within 60 days, Presgraphics™ shall retain the deposit.
Performance Liability: Presgraphics™ does not warrant that the functions supplied by logo design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will Presgraphics™ be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo, even if Presgraphics™ has been advised of the possibility of such damages.
NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.
Print design includes but is not limited to flyers, brochures, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.
Concepts: Within 14 business days of receiving your company information and deposit, Presgraphics™ will create a design concept for your project. Designs will be submitted for your review via e-mail unless otherwise negotiated. A personalized proposal will be submitted to the client that includes details on how many revisions will be included for the estimated cost. Total project fees may be negotiated in lieu of an hourly rate. Further revisions will incur additional costs at Presgraphics™’ current hourly rate.
Ownership: You, the client, have ownership of the final design for use in any media application that is beneficial to your business. Presgraphics™ retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Presgraphics™ permission to use client’s full name, business address, and / or website address, for testimonial purposes on her website, or other business-related media. The client understands that it is the client’s responsibility to copyright the design and / or seek trademark.
Payment: In return for graphic design services, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final design is approved but before it is delivered. The client understands that the final design belongs to Presgraphics™ until paid in full. In the event of termination of this Agreement, Presgraphics™ owns the design artwork and has the right to complete, exhibit, and / or sell the artwork (not including business name). Furthermore, Presgraphics™ owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the design in all media useful for business promotion and that Presgraphics™ reserves the right to display the design artwork for business promotional use.
Originality: Presgraphics™ affirms that all designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Stock Photography: Presgraphics™ agrees to provide up to 5 stock photos during the design process. Any photos acquired by Presgraphics™ for inclusion in the client’s website remain the property of Presgraphics™ and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.
Delays: Illness, injury, or other events beyond Presgraphics™’ control, such as: fire, theft, computer failure, and Acts of God may result in a delay to project delivery of unpredictable length.
Termination: The client has the right to terminate this Agreement if, Presgraphics™ fails to complete the design within 60 working days from the day of commencement of project. If agreement is terminated for any reason other than failure to deliver within 60 working days from the day of commencement of project, Presgraphics™ shall retain the deposit.
Performance Liability: Presgraphics™ does not warrant that the functions supplied by design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will Presgraphics™ be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the printing, reproduction of, or appearance of the design, even if Presgraphics™ has been advised of the possibility of such damages.
NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.
Permissions: The client agrees to give access (usernames, passwords, and any other required permissions) to existing or future domain registration, hosting accounts, and affiliated service-providers as needed to accomplish the goals set forth in the written proposal. The client also authorises Presgraphics™ to publicise their completed Web site to Web search engines, as well as other Web directories and indexes, if this is included in the scope of the project.
Proposal: For any website project, a proposal shall be provided to the client which outlines the general scope of the web design project. Additionally, the proposal shall include an estimate of the costs involved to complete the project. Additional work required to the project will incur additional costs. All prices specified in this contract will be honoured for three (3) months after both parties agree to this contract. Continued services after that time will require a new agreement with revised / updated pricing.
Client Provisions: Client will provide all text to be used in web pages, unless otherwise negotiated. Client agrees to provide copy and any other submissions in a timely manner.
Stock Photography: Presgraphics™ agrees to provide up to 5 stock photos during the web design process. Any photos acquired by Presgraphics™ for inclusion in the client’s website remain the property of Presgraphics™ and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.
Web Browsers: Presgraphics™ will verify the design and functionality of all websites on the following internet browsers: Internet Explorer 7+, current versions of Chrome, Firefox, and Safari. Should an update or up-version of any of these browsers results in the corruption of the website in part or in whole, the client understands that any revisions or corrections will be made at the client’s expense, billed at Presgraphics™’ current hourly rate.
Completion Date: Presgraphics™ agrees to complete website projects within a timeframe agreed upon with the client.
Delays: Illness, injury, or other events beyond Presgraphics™’ control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Payment: A 50% deposit is required before any work begins and the remaining payment when final website design is approved but before it is delivered. Returned checks will results in a return-check fee of ₹1,500. The client understands that the final website design belongs to Presgraphics™ until all invoices are paid in full. In the event of termination of this Agreement, Presgraphics™ owns the website design and has the right to complete, exhibit, and / or sell the website design (not including business name). Once the final invoice is paid in full, the client has the right to use images of the website design in all media useful for business promotion and that Presgraphics™ reserves the right to display the website for business promotional use.
Delinquency: Presgraphics™ reserves the right to remove web pages from viewing on the Internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred in that process.
Performance Liability: Presgraphics™ does not warrant that the functions supplied by web pages, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Presgraphics™ be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Presgraphics™ has been advised of the possibility of such damages.
Copyrights and Trademarks: The client represents to Presgraphics™ and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Presgraphics™ for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Presgraphics™ from any claim or suit arising from the use of such elements furnished by the client.
NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.
All above terms & conditions of web design are applicable to presentations designing projects delivered by Presgraphics™.
By submitting a deposit payment, you consent to the terms of this design contract on behalf of yourself, and/or your organisation or business.