Terms and Conditions
All design work is carried out by Colletto Blu Design Group on the understanding that the client has agreed to abide by Colletto Blu Design Group’s terms and conditions.
Copyright of all graphic design work is retained by Colletto Blu Design Group including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by Colletto Blu Design Group as fulfilling the contract. All other artwork designs remain the property of Colletto Blu Design Group, unless agreed in writing.
At the time of proposal, Colletto Blu Design Group will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Colletto Blu Design Group’s 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 Colletto Blu Design Group. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Colletto Blu Design Group’s terms and conditions. No work on a project will commence until either document has been received by Colletto Blu Design Group.
Fees for design services to be provided by Colletto Blu Design Group, 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 Colletto Blu Design Group has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable at the time of project acceptance.
The client will be asked to provided artwork sign off followed by an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per week of the outstanding amount.
Payments may be made by cash or check, or (for overseas customers), Paypal or previously agreed electronic funds transfer.
Publication and/or release of work done by Colletto Blu Design Group on behalf of the client, may not take place before funds have cleared.
Returned checks will incur an additional fee of $50 per returned check. Colletto Blu Design Group reserves the right to consider an account to be in default in the event of a returned check.
Payment in full is required prior to artwork being sent to print, published online or aired on television or radio.
An account shall be considered default if it remains unpaid for 5 business days from the date of invoice, or following a returned check. Colletto Blu Design Group shall be considered entitled to remove Colletto Blu Design Group’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, television, radio 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 Colletto Blu Design Group 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 Colletto Blu Design Group for inclusion in the customer’s brochure 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 Colletto Blu Design Group on behalf of the customer, will remain the property of Colletto Blu Design Group and/or it’s suppliers, excluding Logo design in which full copyright will be passed to the client upon receipt of full payment.
The customer may request in writing from Colletto Blu Design Group, the necessary permission to use materials (for which Colletto Blu Design Group holds the copyright) in forms other than for which it was originally supplied, and Colletto Blu Design Group may, at it’s 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. Colletto Blu Design Group reserves the right to charge fees for additional usage.
By supplying images, text, or any other data to Colletto Blu Design Group, the customer grants Colletto Blu Design Group permission to use this material freely in the pursuit of the design and to utilise the designs in Colletto Blu Design Group’s portfolio unless agreed otherwise.
Should Colletto Blu Design Group, 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 Colletto Blu Design Group to remove and/or replace the file.
The customer agrees to fully indemnify and hold Colletto Blu Design Group 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.
The customer agrees that changes required over and above the estimated work 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 Colletto Blu Design Group holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Colletto Blu Design Group, 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 Colletto Blu Design Group and any of it’s relevant sub-contractors.
All design work where there is a risk that another party may 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. Colletto Blu Design Group will not be held responsible for any and all damages resulting from such claims. Colletto Blu Design Group is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Colletto Blu Design Group responsible for any such loss or damage. Any claim against Colletto Blu Design Group shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Colletto Blu Design Group’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Colletto Blu Design Group in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Colletto Blu Design Group via CD-ROM, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Colletto Blu Design Group will not be held responsible for any image quality which the client later deems to be unacceptable. Colletto Blu Design Group 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 Colletto Blu Design Group of a design project’s duration is to be considered by the customer to be an estimation. Colletto Blu Design Group 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 of the deposit are received by Colletto Blu Design Group.
Design Project Completion
Colletto Blu Design Group considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Once web design is complete, Colletto Blu Design Group will provide the customer with the opportunity to review the resulting work. Colletto Blu Design Group 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 Colletto Blu Design Group by e-mail or fax and confirmed by post.
Colletto Blu Design Group 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.
The customer agrees to allow Colletto Blu Design Group to place a small credit on printed material, exhibition displays, advertisements and/or a link to Colletto Blu Design Group’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 Colletto Blu Design Group to place all designs on Colletto Blu Design Group’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
Colletto Blu Design Group 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. Colletto Blu Design Group also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Colletto Blu Design Group does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Colletto Blu Design Group to remove the contravention without hindrance, or penalty. Colletto Blu Design Group is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Colletto Blu Design Group 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 Colletto Blu Design Group within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Colletto Blu Design Group makes no warranties of any kind, expressed or implied, for any and all products and/or services that it supplies. Colletto Blu Design Group will not be held responsible for any and all damages resulting from products and/or services it supplies. Colletto Blu Design Group 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 Colletto Blu Design Group responsible for any such loss or damage. Any claim against Colletto Blu Design Group shall be limited to the relevant fee(s) paid by the customer.
Colletto Blu Design Group reserves the right to use the services of subcontractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Colletto Blu Design Group will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Colletto Blu Design Group 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. Colletto Blu Design Group 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.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Colletto Blu Design Group 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 Colletto Blu Design Group and validated by the customer’s signature on the estimate or quotation, 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 Colletto Blu Design Group.