TERMS & CONDITIONS
The following terms and conditions of service apply to all products and services provided by Purple Wagon.
Purple Wagon carries out all works on the understanding that the client has agreed to Purple Wagon’s Terms & Conditions. Copyright is retained by Purple Wagon 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 Purple Wagon as fulfilling the contract. All other designs remain the property of Purple Wagon unless agreed in writing that this arrangement has been changed.
At the time of proposal, Purple Wagon provides the customer written estimate or quotation. A copy of the written estimate or quotation is to signed and dated by the customer to indicate acceptance and should be returned to Purple Wagon.
Alternatively, the client may send an official order in reply to the estimate or quotation, which binds the client to accept Purple Wagon’s terms and conditions or an email, acknowledging acceptance of the quotation.
No work on a project will commence until Purple Wagon has received acceptance of the quotation.
Charges for design services to be provided by Purple Wagon will be set out in the written estimate or quotation that was provided to the customer. At the time of customer’s signed acceptance of this estimate or quotation, indicating acceptance of the terms and conditions a non-refundable deposit of 50% off the quoted fee will become immediately due. Work on the project will not commence until Purple Wagon receives this amount.
Unless agreed otherwise with the client, all design services require an advance payment of a minimum of 50% of the project quotation total, before the work is supplied to the client for a review. The remaining 50% of the project quotation total will be due upon completion of the work prior to upload the server or release of materials.
Chargers for design work do not cover the release of Copyright design files including, .indd, .psd, .png, .fla or any other source files; if the client requires these files, they will be subject of a separate quotation or ‘buy-out’ charge.
CHARGES FOR OTHER SERVICES
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.
The customer provided with an invoice prior to final publication. At this time the remainder of the amount due will become payable and the customers will also be required to sign and return the approval form to Purple Wagon. 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 can be made by Online Transfer, Cash, and Cheque.
Publication and/or release of work done by Purple Wagon on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of Rs.250 per returned cheque. Purple Wagon reserves the right to consider an account to be in default in the event of returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Purple Wagon shall be considered entitled to remove Purple Wagon 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 and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Purple Wagon reasonable legal expenses and third party collections, agency fees in the enforcement of these terms and conditions.
COPYRIGHTS & TRADEMARKS
By supplying text, images and other data to Purple Wagon for inclusion in the customer’s 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 Purple Wagon on behalf of the customer will remain the property of Purple Wagon and/or its suppliers.
The customer may request in writing from Purple Wagon, the necessary permission to use materials (for which Purple Wagon holds the copyrights) in forms other than for which it was originally supplied and Purple Wagon may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, image, text or other data to be used.
By supplying images, text or any other data to Purple Wagon, the customer grants Purple Wagon permission to use this material freely in the pursuit of the design.
Should Purple Wagon, 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 Purple Wagon to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Purple Wagon 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 permission,
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 Purple Wagon holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copyrighting, drawing, idea or code created for the customer by Purple Wagon or any of its contractors, is licensed for use by the client on a one time only basis and may not be modified, reused or re-disturbed in any way or form without the express written consent of Purple Wagon and any of its 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 advise sought to its use. Purple Wagon will not be held responsible for any and all damages resulting from such claims. Purple Wagon is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Purple Wagon responsible for any such loss or damage.
Any claim against Purple Wagon shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Purple Wagon’s definitions of acceptable means of supplying data to the company. Text is to be supplied to Purple Wagon in electronic format as standard text (.txt), ms-word (.doc) or CD-ROM, or via email/FTP. Images that are supplied in an electronic format are to be provided in a format as prescribed by Purple Wagon via CDROM, or email/FTP. Images must be of a quality suitable for use without any subsequent image processing and Purple Wagon will not be responsible for any image quality, which the client later deems to be unacceptable. Purple Wagon cannot be held responsible for the quality of any images, which the client wished to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art directions, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.
DESIGN PROJECT DURATION
Any indication given by Purple Wagon of a design project’s duration is to be considered by the customer to be estimation. Purple Wagon cannot be held responsible for any project overruns, whatever the cause. Estimated project duration should be deemed to be from the date the necessary funds are received by Purple Wagon for the initial payment or by date confirmed in writing by Purple Wagon
RIGHTS OF ACCESS FOR WEBSITE CONSTRUCTION
The client agrees to allow Purple Wagon 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, user names and passwords. A customer also agrees to allow Purple Wagon access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these terms and conditions.
A customer agrees to supply Purple Wagon 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
Purple Wagon considers the design project complete upon receipt of the customer’s signed approval form. 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
Purple Wagon requires that the customer approve the template before coding of a site commences. Once the template for the website is approved by the customer, coding will commence; any changes to navigation items, colour, structure or content that require changes to the template will incur an additional charge. Once web design is complete, Purple Wagon will provide the customer with the opportunity to review the resulting work.
Purple Wagon will make one set of minor changes at no extra cost within 14 days of the start from 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 Purple Wagon by email of fax and confirmed by post.
Purple Wagon will consider that the client as 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.
Purple Wagon offers limited in house hosting services through an outsourced virtual server. Purple Wagon does not guarantee continuous service and will accept no liability for the loss of service, whatever the cause. Purple Wagon may request the clients change the type of hosting account used if that account is deemed by Purple Wagon to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.
Fees for hosting on Purple Wagon virtual server are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organization are the responsibility of the client and Purple Wagon are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
Purple Wagon cannot guarantee the availability of any domain name. Where Purple Wagon 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 consideration that search engines use when determining a site’s ranking, Purple Wagon 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 the search results varies from one search engine to another. Rankings will also vary as new sites are added.
The customer agrees to allow Purple Wagon to place a small credit on printed material, exhibition displays, advertisements and/or a link to Purple Wagon 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 to place websites and other designs, along with a link to the client’s site on Purple Wagon own website for demonstration purpose and to use any designs in its own publicity and portfolios.
RIGHTS OF REFUSAL
Purple Wagon will not include in its designs, any text, images, other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must confirm to all standards laid by all relevant advertising standards authorities. Purple Wagon also reserves the rights to refuse include submitted material without giving reason. In the situation where any images and/or data that Purple Wagon does include in all good faith, and subsequently discovers is in contravention to such terms and condition, the customer is obliged to allow Purple Wagon to remove the contravention without hindrance, or penalty. Purple Wagon 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 email, however, following this Purple Wagon will need a formal notification in writing to the company 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 Purple Wagon within 14 days of such instruction being used, will be liable for the full quoted cost of the project.
Purple Wagon makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Purple Wagon will not be held responsible for any and all damages resulting from products and /or services it supplies. Purple Wagon is not responsible for any loss, or consequential loss of data or non-delivery of products or services or 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 Purple Wagon responsible for any such loss or damage. Any claim against Purple Wagon shall be limited to the relevant fee(s) paid by the customer.
Purple Wagon 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. Purple Wagon will not knowingly perform any actions to contravene these and the client also agrees so bound.
Purple Wagon and its clients agree to comply with printers terms and conditions which include disclaimers for non completion on time and their flexibility to supply quantities within 10% of the total ordered.
Purple Wagon 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. Purple Wagon reserves the right to change any rates or any of the terms and conditions at any time without prior notice.