Welcome to captur3. We are a design house based in Digbeth, Birmingham.
Our team of creatives specialise in Brand identity, Web/ logo Design, 3D Interior visuals,
along with supporting animation & video production for business owners across the UK.
Captur3 LTD 82-84 Moseley St, Birmingham, B12 0RT I No. 08628713 I E: email@example.com I T: 0121 285 2180
Terms & Conditions
Terms & Conditions
The following terms and conditions apply to the following design work by Captur3 (‘Captur3’) to the Client:
Please note that Captur3 are strictly engaged for design work only. As such, any hosting or technical aspect in relation to web
functionality, coding, editing of code, installation to server or any technical web instructions fall outside of this retainer.
At the time of proposal, Captur3 will provide the customer with a written estimate or quotation document.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
1.1 Design briefs are to be sent via email and to be filled with as much detail as possible for the design team to start work efficiently. Key information e.g. contact details to be put in to graphic elements must also be correct at the time of sending. The client must fill in each design brief for any job request or project to start after accepting the quote.
We provide two payment options:
Option (A) – Discounted Payment (100% Balance Upfront) Lower rate
Option (B) – 50/50 Payment (Balance in two stages) Higher Rate
(50% payment prior) STAGE 1 - Design
(50% payment prior) STAGE 2 - Coding or Release Files/ Remove watermarks
Charges for services to be provided by Captur3 are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Captur3 reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
2.1 Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review.
2.2 After the Client signs-off the review stage, the Client is expected to pay the remaining balance
in full before the coding or release of design files and removal of watermarks.
2.3 Charges for any additional services over and above the estimated design, will be made known to the client. They will become fully payable at the time of project acceptance.
Payment for services is due by cash or bank transfer only.
We strictly do not accept any cheques.
Bank details will be made available on invoices.
3. Client Review
Captur3 will provide the Client with an opportunity to review the appearance and content of the website/ design during the design phase and once the overall website/ design development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Captur3 otherwise within five (5) business days of the date the materials are made available to the Client. A note of amendments is to be filled or sent via email to action the review changes at all times or notice of changes via email. The client gets a single review to apply amendments, any additional amendments will be charged at fifty (50) pounds per review. Once a design is complete, Captur3 will provide the customer with the opportunity to review the resulting work. Captur3 will make one set of minor changes at no extra cost within 5 Business 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 Captur3 by email or post. Captur3 will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 5 Business days of the start of the review period.
4. Turnaround Time and Content Control (Websites)
Captur3's 3rd party developer will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Captur3 receiving initial payment, unless a delay is specifically requested by the Client and agreed by Captur3.
4.1 In return, the Client agrees to delegate a single individual as a primary contact to aid Captur3 with progressing the commission in a satisfactory and expedient manner.
4.2 During the project, Captur3 will require the Client to provide website content; text, images, movies and sound files.
Design Project Duration
Any indication given by Captur3 of a design project’s duration is to be considered by the customer to be an estimation. Captur3 cannot be held responsible for any project over-runs, whatever the cause.
Design Project Completion
Captur3 considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge. Captur3 will not be responsible for 3rd party negligence.
5. Failure to provide required website content:
Captur3 is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date your self.
Invoices will be provided by Captur3 upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.
6.1 Accounts that remain unpaid thirty (30) days after the date of the invoice which is normally 7 days upon receipt will be charged a penalty of twenty (25) pounds per week.
6.2 Interest will also be charged on overdue balances in accordance with the Late Payment of Commercial Debts (Interest) Act at the rate of 8% above the prevailing Bank of England base rate.
Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charge of 8% plus the Bank of England base rate per month of the outstanding amount.
7. Additional Expenses
Client agrees to reimburse Captur3 for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
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 Captur3 holds no responsibility for any amendments made by any third party, before or after a design is published.
8. Web Browsers
Captur3 makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Captur3 cannot guarantee correct functionality with all browser software across different operating systems.Captur3 cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Captur3 reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Captur3's Web space, Captur3 will, at its discretion, remove all such material from its web space. Captur3 is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will be assessed a return charge of £50 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Captur3 reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Captur3 in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Please note: any cancellation which is not formally confirmed in writing and received by Captur3 within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
All Captur3 services may be used for lawful purposes only. You agree to indemnify and hold Captur3 harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Captur3 the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Captur3 permission and rights for use of the same and agrees to indemnify and hold harmless Captur3 from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Captur3 that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. Should Captur3, 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 Captur3 to remove and/or replace the file. The customer agrees to fully indemnify and hold Captur3 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. By supplying images, text, or any other data to Captur3, the customer grants Captur3 permission to use this material freely in the pursuit of the design and to utilise the designs in Captur3’s portfolio unless agreed otherwise. Any artwork, images, or text supplied and/or designed by Captur3 on behalf of the customer, will remain the property of Captur3 and/or it’s suppliers, in which full copyright will be passed to the client upon receipt of full payment. Copyright of all graphic design work is retained by Captur3 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 Captur3 as fulfilling the contract. All other artwork designs remain the property of Captur3, unless agreed in writing.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Captur3 to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed. Images must be of a quality suitable for use without any subsequent image processing, and Captur3 will not be held responsible for any image quality which the client later deems to be unacceptable. Captur3 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.
14. Design Credit
A link to Captur3 will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 25% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Captur3's portfolio.
15. Release of Master Files (fonts, pantone colour codes, master design files)
A release fee is to be applied at all times for the following formats: fonts, pantone colour codes, master design files and master 3D files. Print ready PDF's and HTML Files are released with no charges applied.
15.1 Captur3 will never release pantone colour codes, fonts or master design files unless explicitly written in electronic or paper format and agreed in the original quote by the Client.
15.2 Any requests made by the Client or Clients printer or 3rd party affiliates for the pantone codes, fonts or design master files unless agreed otherwise in discretion or original quote will strictly be rejected or denied.
16. Post-Placement Alterations
Captur3 cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names
Captur3 may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Captur3. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
17.1 Hosting websites
Captur3 does not provide hosting services and suggests using a 3rd party host called Hostgator.com. Captur3 does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Captur3 may request that clients change the type of hosting account used if that account is deemed by Captur3 to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for Captur3’s hosting service are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and Captur3 Ltd are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee
constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Governing Law
This Agreement shall be governed by English Law.
Captur3 hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site; / design works
Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Captur3 to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall
be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement
shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable
valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
22. Access Requirements
If the Client's website is to be installed on a third-party server, Captur3 must be granted temporary read/write access to the Client's storage directories which must be
accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Any design, copywriting, drawing, idea or code created for the customer by Captur3, or any of it’s 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 Captur3 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. Captur3 will not be held responsible for any and all damages resulting from such claims. Captur3 is not responsible for any loss, or
consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Captur3 responsible for any such loss or damage.
Any claim against Captur3 shall be limited to the relevant fee(s) paid by the customer.
Captur3 makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Captur3 will not be held responsible for any and all
damages resulting from products and/or services it supplies. Captur3 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 Captur3 responsible for any such loss or damage. Any claim against Captur3 shall be limited to the relevant fee(s) paid by the customer.
Captur3 reserves the right to use the services of third party sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions.
Captur3 will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Captur3 will not be held responsible for any and all damages
resulting from work carried out by a third party.
Captur3 is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause.
The customer agrees not to hold Captur3 responsible for any such loss or damage. Any claim against Captur3 shall be
limited to the relevant fee(s) paid by the customer.