The following Terms and Conditions of Service apply to all products and services provided by Paul Capurso Design.

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

Copyright is retained by Paul Capurso Design 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 Paul Capurso Design as fulfilling the contract. All other designs remain the property of Paul Capurso Design, unless agreed in writing that this arrangement has been changed.

Project Acceptance
At the time of proposal, Paul Capurso Design will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Paul Capurso Design’ website.

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 Paul Capurso Design. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Paul Capurso Design’ terms and conditions. No work on a project will commence until either document has been received by Paul Capurso Design.

Design Charges
Charges for design services to be provided by Paul Capurso Design, 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 deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Paul Capurso Design has received this amount.

Charges for Other Service
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 2% per month of the outstanding amount.

Payments may be made by cash, check, Major Credit Card, or Money Order and/or previously agreed electronic funds transfer.

Publication and/or release of work done by Paul Capurso Design on behalf of the client, may not take place before cleared funds have been received.

Returned checks will incur an additional fee of $50 per returned check. Paul Capurso Design reserves the right to consider an account to be in default in the event of a returned check.

Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. Paul Capurso Design shall be considered entitled to remove Paul Capurso Design 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, business cards, flyers, pamphlets, 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 Paul Capurso Design reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks
By supplying text, images and other data to Paul Capurso Design for inclusion in the customer’s flyers, 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 Paul Capurso Design on behalf of the customer, will remain the property of Paul Capurso Design and/or it’s suppliers.

The customer may request in writing from Paul Capurso Design, the necessary permission to use materials (for which Paul Capurso Design holds the copyright) in forms other than for which it was originally supplied, and Paul Capurso Design may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

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

Should Paul Capurso Design, or the customer supply an image, text, audio clip or any other file for use in a flyers, website, multimedia presentation, print item, 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 Paul Capurso Design to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold Paul Capurso Design 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.

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 Paul Capurso Design 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 Paul Capurso Design, 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 Paul Capurso Design and any of it’s 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. Paul Capurso Design will not be held responsible for any and all damages resulting from such claims. Paul Capurso Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Paul Capurso Design responsible for any such loss or damage. Any claim against Paul Capurso Design shall be limited to the relevant fee(s) paid by the customer.

Data Formats
The client agrees to Paul Capurso Design’s definition of acceptable means of supplying data to the company.

Text is to be supplied to Paul Capurso Design in electronic format as standard text (.txt), MS Word (.doc) or via e-mail.

Images which are supplied in an electronic format, are to be provided in a format as prescribed by Paul Capurso Design via e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Paul Capurso Design will not be held responsible for any image quality which the client later deems to be unacceptable. Paul Capurso Design 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.

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

The customer agrees to supply Paul Capurso Design with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Website Design Only
Once web design is complete, Paul Capurso Design will provide the customer with the opportunity to review the resulting work. Paul Capurso Design 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 Paul Capurso Design by e-mail and confirmed by post.

Paul Capurso Design 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.

Kids’ Privacy
Our Website is intended for the use of adults and individuals 13 years of ages and older. Our Website is not directed to children under the age of 13. Users under the age of 13 must have the permission and/or assistance of an adult while using or visiting our Website.

Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Paul Capurso Design 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 Paul Capurso Design to place a small credit on printed material exhibition displays, advertisements and/or a link to Paul Capurso Design’ 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 Paul Capurso Design to place websites and other designs, along with a link to the client’s site on Paul Capurso Design’ own website for demonstration purposes and to use any designs in its own publicity.

Rights of Refusal
Paul Capurso Design 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. Paul Capurso Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Paul Capurso Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Paul Capurso Design to remove the contravention without hindrance, or penalty. Paul Capurso Design 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, however, following this, Paul Capurso Design 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 Paul Capurso Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer
Paul Capurso Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Paul Capurso Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Paul Capurso Design 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 Paul Capurso Design responsible for any such loss or damage. Any claim against Paul Capurso Design shall be limited to the relevant fee(s) paid by the customer.

General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Paul Capurso Design 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 Paul Capurso Design and validated by the customer’s signature on the estimate or quotation form, 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 Paul Capurso Design.