Last Updated: September 12, 2023
Unless otherwise stated, all quotations, interventions and services from us are subject to the all of these general terms and conditions are deemed to have been accepted by the customer as soon as he places his order places. The customer hereby waives the right to rely on any conflicting document and more determined on its own general or special terms and conditions.
Our quote is valid for a limited period and is based only on the elements that the customer provides or of which we were able to take note. Unless otherwise stated, the terms and conditions of the quotation are valid for fifteen days from the date of the quotation. Any special or urgent work may lead to a price increase.
Our quotations, specifications and price lists have only indicative value and are exclusive of tax.
We shall prioritize performance of the services outlined in the Project as may be necessary or as agreed upon by the both parties, and will undertake commercially reasonable efforts to perform the services.
The customer agrees to review any Deliverables within three business days and to promptly either, (i)approve and accept the Deliverables in writing (which will then become the Final Deliverables) or (ii)provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to Ingenious Branders.
In addition, if the customer’s communications involve more than one source, the project will be delayed until we are able to communicate with a sole individual, a single point of contact. The customer acknowledges and agrees that our ability to meet any and all schedules is entirely dependent upon customer’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Project and that any delays in customer’s performance or deliverables requested by customer may delay delivery of the deliverables.
If the customer becomes unresponsive during the project timeline for any period longer than fifteen business day without contacting us about any delays or reasons for absence, the entire project outlined in this agreement is cancelled. We must alert the customer five business days prior to cancelling the customer’s project. In the event of a cancellation, we owns all of the copyright to the work we produced during the project. We can refuse to work on a cancelled project.
Neither the we or customer will be liable for performance delays nor for non-performance due to causes beyond its reasonable control (for example, a war, a labour strike, extreme weather or an earthquake), except for payment obligations.
The customer is expected to provide all of the content and goals for the project. All specific concepts, ideas, and restrictions must be disclosed prior to signing the contract. Failure to do so may change the Project Time Frame, Deliverables, Ownership of Artwork and the Total Project Cost. We can refuse to work on the project if the Deliverables, Project, Goals, Content, or Payment Terms change after the contract is signed by both parties.
Customer agrees to include in all displays or publications of the Final Works attribution and/or copyright notice in ours name in the form, size and location as incorporated by Ingenious Branders in the Deliverables, or as otherwise directed by us. We retains the right to reproduce, publish and display the Final Works, Deliverables, and Preliminary Works, to the extent they do not contain customer’s confidential information, in Ingenious Branders’s portfolios and Websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the Project, and, if applicable, the services provided to the other party on its Website and in other professional materials, and, if not expressly objected to, include a link to the other party’s Website.
Unless otherwise provided in the Content and Goals, and except as otherwise provided for herein, the customer shall pay additional charges for changes requested by customer which are outside the scope of the Project and Deliverables on a time and materials basis. Such charges shall be in addition to all other amounts payable under the Project, despite any maximum budget, Total Project Quote or final price identified therein. We may extend or modify any delivery schedule or deadlines in the Project and Deliverables as may be required by such Additional Changes. We reserves the right to refuse providing Additional Changes after the Final Payment has been received and the Final Deliverables have been sent to the Client.
The customer guarantees that all elements of the text, images, logos, brand elements, voice-overs, sounds, typefaces, trademarks, intellectual property, copyright, digital files and all other resources provided to the us are either owned by the customer, or that they have permission to use them for the project assigned to the us. When the customer provides files to us, they agree to protect us from any claims by a third party that they are using their intellectual property or infringing on copyright law. If the customer requests a resource to be incorporated into the Project, Deliverables or Final Deliverables that does not belong to us or the customer, it is considered to be a resource that the customer has provided to us for this project and that the customer has obtained permission to use the resource in their project.3
When we sends the Final Deliverables to the customer, copyright for the Final Deliverables is automatically assigned as follows:
During the project timeline, all work and Deliverables are owned by us. The customer will own the copyright to the Final Deliverables created for this project once the Final Payment has been sent to us. This will not include any preliminary working files such as the source files, sketches, rough layouts, visualizations, rejected concepts, or modified deliverables that did not become the Final Deliverables. The customer will only receive assets listed in the Deliverables section through email. The customer agrees to hold Ingenious Branders LLP, their company, and agents harmless against all claims and damages, including but not limited to claims of copyright, false advertising, trademark infringement, violations of the rights of privacy or publicity or defamation, arising out of use of the Ingenious Branders’s work.
We reserves the right to display all aspects of the Final Deliverables, Deliverables, preliminary works, storyboards, rough drafts, customer’s name, resources provided by the customer, and all work created for the customer in our portfolio (including, but not limited to, any website that displays the Ingenious Branders’s works) without any restrictions. The customer does not have to display Ingenious Branders’s name together with the purchased work unless being described in an editorial scenario, but the customer may not seek to mislead others that the work purchased was created by anyone other than the Ingenious Branders. The customer must obtain permission to credit Ingenious Branders if the Final Deliverables were modified without the Ingenious Branders’s knowledge. The customer may not credit other individuals, companies, or parties involved in the production of this project without crediting Ingenious Branders. The customer must credit in the following format, [Reference to Final Deliverable] was designed by [Ingenious Branders]. The customer may not seek to mislead that Ingenious Branders was involved in any other graphics, projects, designs, resources or properties that they did not directly provide to the customer in the form of the Final Deliverables. If the customer does not initially credit Ingenious Branders, they agree to promptly supplement or modify their content to provide a credit when notified by Ingenious Branders through writing.
All content, logos, trademarks, and other intellectual property displayed on our website and used in connection with our Services are the property of Ingenious Branders LLP or our licensors and are protected by copyright and other applicable laws. You may not use our intellectual property without our express written consent.
After a visual direction has been established with the customer and selected variations have been approved by both parties, Ingenious Branders will offer a maximum of three rounds of revision. If the revisions are outside of the project scope or after the project’s completion, revisions will made under the Additional Changes clause.
Ingenious Branders agrees to store all Deliverables created for the customer for a maximum of six months after the Deliverables are sent to the customer.
Ingenious Branders will charge to retrieve/transfer any elements of the Final Deliverables from their archive at the request of the customer after the Final Payment has been received by Ingenious Branders and the Client previously received the Final Deliverables.
All Third Party Materials are the exclusive property of their respective owners. Ingenious Branders shall inform the customer of all Third Party Materials that may be required to perform the Services or otherwise integrated into the Deliverables before sending the final Deliverables. Under such circumstances Ingenious Branders shall inform the customer of any need to license, at customer’s expense, and unless otherwise provided for by customer, customer shall obtain the license(s) necessary to permit customer’s use of the Third Party Materials consistent with the usage rights granted herein.
In the event the customer fails to properly secure or otherwise arrange for any necessary licenses or instructs Ingenious Branders to use any Third Party Materials, Client hereby indemnifies, saves and holds Ingenious Branders harmless from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of customer’s failure to obtain copyright, trademark, publicity, privacy, defamation or other releases or permissions with respect to materials included in the Deliverables.
Ingenious Branders cannot guarantee that their work will be error-free and they will not be liable to the customer or any third-party for damages, including lost profits, false advertising claims, lost savings or other incidental, consequential or special damages.
Ingenious Branders warrants and represents that, to the best of his/her knowledge, the produced work is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the customer from third parties is original or, if previously published that consent to use has been obtained on an unlimited basis; that Ingenious Branders has full authority to make this agreement; and that the work prepared by or used by Ingenious Branders does not contain any scandalous, libellous, or unlawful matter.
This warranty does not extend to any uses that the customer or others may make of Ingenious Branders’s product that may infringe on the rights of others. The customer expressly agrees that it will hold Ingenious Branders harmless for all liability and damages caused by the customer’s use of the Ingenious Branders’s product and deliverables.
We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be posted on our website, and the date of the last update will be indicated at the top of this page. Your continued use of our Services after any such changes constitute your acceptance of the revised Terms.