Our Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by Mandy Love Creative and in the event of any dispute are governed by the laws of San Diego County in the State of California, United States of America.
All work is carried out by Mandy Love Creative with the understanding that the client has agreed to our terms and conditions.
Copyright is released by Mandy Love Creative on all approved and accepted design work (including words, pictures, ideas, visuals, and illustrations) 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 creative and designs produced remain the property and copyright of Mandy Love Creative, unless specifically agreed in writing.
Project Acceptance
At the time of proposal, Mandy Love Creative will provide the Client with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Mandy Love Creative website.
A copy of the written estimate or quotation is to be signed and dated by the Client to indicate acceptance and should be returned to Mandy Love Creative.
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 Mandy Love Creative’s Terms & Conditions are what govern the job, not any conditions on the Client’s purchase order.
Design Charges
Charges for creative services to be provided by Mandy Love Creative will be set out in the written estimate or quotation that is provided to the Client. At the time of the Client’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 creative 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. Monthly website hosting and maintenance charges begin immediately upon commencement of the project and continue monthly for a minimum of one year, automatically paid. The remaining fifty (50) percent balance of the website project cost is due upon completion when the website goes live.
Source Files
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, or other source files or raw code. If the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.
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 the addition to the project.
Payment
The Client will be provided with a Proof Email, and an Invoice upon final publication. At this time the remainder of the amount due will become payable and the Client will also be required to signify approval by email to Mandy Love Creative.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice may incur late payment charges on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer, credit card (Visa, Mastercard, AMEX), debit card or check payable to Mandy Love Creative. Returned checks will incur an additional fee of $35 per returned check. Mandy Love Creative reserves the right to consider an account to be in default in the event of a returned check.
Publication and/or release of work done by Mandy Love Creative on behalf of the client may not take place or be revoked if Client account is in default of payment.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. Mandy Love Creative shall be entitled to remove Mandy Love Creative ’ and/or the Client’s material from any and all computer systems, internet servers, etc. 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, social media scheduling, design, content, copywriting, website maintenance, sub-contractors, printers, photographers, and libraries.
Removal of such materials does not relieve the Client of its obligation to pay the due amount.
Clients whose accounts default agree to pay all Mandy Love Creative’s reasonable legal and accounting expenses and third-party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images, and other data to Mandy Love Creative for inclusion in the Client’s website or other medium, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.
Artwork, images, or text supplied and/or designed by Mandy Love Creative on behalf of the Client, will remain the property of Mandy Love Creative and/or its suppliers until paid in full. Copyright is granted to the Client solely for the project defined in the scope or request and not for any other purpose.
Mandy Love Creative retains the right to use the Client’s copyrighted materials for its own portfolio and promotional purposes.
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 license fees or fees for upgrades are the responsibility of the client, not Mandy Love Creative.
By supplying images, text, or any other data to Mandy Love Creative, the Client grants Mandy Love Creative permission to use this material freely in the pursuit of the design.
Should Mandy Love Creative, or the Client 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 Client will agree to allow Mandy Love Creative to remove and/or replace the file on the site.
The Client agrees to fully indemnify and hold Mandy Love Creative free from harm in any and all claims resulting from the Client not having obtained all the required copyright, and/or any other necessary permissions.
Alterations
The Client 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 Client agrees that Mandy Love Creative 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 Client by Mandy Love Creative, or any of its contractors, is licensed for use only by the Client upon acceptance and payment and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Mandy Love Creative and any of its relevant sub-contractors.
Where there is a risk that another party may make a claim regarding design work, the work 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.
Mandy Love Creative will not be held responsible for any and all damages resulting from such claims.
Mandy Love Creative is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold Mandy Love Creative responsible for any such loss or damage which shall be limited to the relevant fee(s) paid by the Client.
Data Formats
The client agrees to Mandy Love Creative’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Mandy Love Creative in electronic format as standard text (.txt), MS Word (.docx) or via e-mail or shared drive/folder.
Images that are supplied in an electronic format are to be provided in a format as prescribed by Mandy Love Creative via e-mail / FTP. Images must be of a quality and resolution suitable for use without any subsequent image processing, and Mandy Love Creative will not be held responsible for any image quality which the client later deems to be unacceptable.
Mandy Love Creative 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, color correction and alteration of images
Design Project Duration
Any indication given by Mandy Love Creative of a design project’s duration is to be considered by the Client to be an estimation. Mandy Love Creative cannot be held responsible for any project overruns, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Mandy Love Creative for the initial payment or by the date confirmed in writing by Mandy Love Creative.
Project duration estimates are heavily dependent upon the timely response and submission of Client content, materials, direction, and feedback. Delays in Client contact, communication, or collaboration will result in delivery delays of milestones and ultimately, the project completion. Intentional delays in project completion by the Client may result in additional charges to keep the project live and in the traffic schedule or to reinsert/reinstate the project.
Rights of Access for Website Construction
The client agrees to allow Mandy Love Creative 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. All information may be submitted securely via our website.
The Client also agrees to allow Mandy Love Creative 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 Client agrees to supply Mandy Love Creative with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
Mandy Love Creative considers the design project complete upon receipt of the Client’s approval via email. Other services such as printing, display panel production, film work, website uploading, publishing, etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Mandy Love Creative requires that a template is approved by the Client before coding of a site commences. Once the template(s) for the website are approved by the Client, production will commence. Any changes to navigation items, colors, structure, or content that require changes to the template may incur an additional charge.
Once the web design is complete, Mandy Love Creative will provide the Client with the opportunity to review the resulting work. Mandy Love Creative 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 the placement of items on the page. It does not include changes to images, color schemes, or any navigation features. Any minor changes can be notified to Mandy Love Creative by email.
Mandy Love Creative will consider that the client has accepted the original draft, if no notification of changes is received in writing from the Client, within 14 days of the start of the review period.
Hosting websites
Mandy Love Creative offers limited hosting services through an outsourced virtual server. Mandy Love Creative does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Mandy Love Creative will make every effort to ensure maximum uptime.
Mandy Love Creative may request that clients change the type of hosting account used if that account is deemed by Mandy Love Creative to be unacceptable because of poor service, lack of bandwidth, or in any other way insufficient to support the website. Fees for hosting on Mandy Love Creative’s virtual server are due at the commencement of any period of service, continue via auto-pay, and are non-refundable.
Fees due to third-party hosting organizations are the responsibility of the client and Mandy Love Creative is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the Client/domain owner.
Domain Registration
Mandy Love Creative cannot guarantee the availability of any domain name. Where Mandy Love Creative is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Mandy Love Creative 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 Client agrees to allow Mandy Love Creative to place a small credit on printed material exhibition displays, advertisements, and/or a link to Mandy Love Creative’s own website on the Client’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 Client also agrees to allow Mandy Love Creative to place websites and other designs, along with a link to the client’s site on Mandy Love Creative’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Mandy Love Creative 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. Mandy Love Creative also reserves the right to refuse to include submitted material without giving a reason. In the situation where any images and/or data that Mandy Love Creative does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the Client is obliged to allow Mandy Love Creative to remove the contravention without hindrance, or penalty. Mandy Love Creative 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, however, following this, Mandy Love Creative will need formal notification in writing via email or 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 Mandy Love Creative within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
Mandy Love Creative makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Mandy Love Creative will not be held responsible for any and all damages resulting from products and/or services it supplies. Mandy Love Creative 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 Client agrees not to hold Mandy Love Creative responsible for any such loss or damage. Any claim against Mandy Love Creative shall be limited to the relevant fee(s) paid by the Client.
Mandy Love Creative 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. Mandy Love Creative will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Mandy Love Creative 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. Mandy Love Creative recommends 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. Mandy Love Creative reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Mandy Love Creative, by email, verbally, or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.mandylove.com/terms.
An estimate validated by the Client’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 Mandy Love Creative.