The following Terms and Conditions apply to all products and services provided by DualStar Digital. By engaging in business with DualStar Digital, you agree to these terms and conditions.

All work is carried our by DualStar Digital on the understanding that the client has agreed to DualStar Digital’s terms and conditions.

Copyright is retained by DualStar Digital 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 solutions is deemed to be given by DualStar Digital as fulfilling the contract. All other designs remain the property of DualStar Digital, unless agreed in writing that this arrangement has been changed.

 

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

 

Charges for design services to be provided by DualStar Digital 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 and Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until DualStar Digital has received this amount.

Charges for any additional products or services over and above the estimate, will be come fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

 

The customer will be provided with an Invoice prior to completion. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Invoice to DualStar Digital. 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, or credit card (Visa, Mastercard, American Express) depending on creditworthiness. Publication and/or release of work done by DualStar Digital may not take place before cleared funds have been received.

Returned checks will incur an additional fee of $25.00. DualStar Digital reserves the right to consider an account to be in default in the event of a returned check.

 

An account shall be considered default if it remains unpaid for 30 days from the date of invoices, or following a returned check. DualStar Digital shall be considered entitled to remove DualStar Digital’s material from any and all computer systems and physical locations, 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, subcontractors, printers, photographers, and tangible items.

Removal of such material s does not relieve the customer of its obligation to pay the due amount. Customer whose account become default agree to pay DualStar Digital reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions

 

By supplying test, images and other data to DualStar Digital 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 test supplied and/or designed by DualStar Digital on behalf of the customer will remain the property of DualStar Digital or its suppliers.

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

By supplying images, test or any other data to DualStar Digital, the customer grants DualStar Digital permission to use this material freely in the pursuit of the design.

Should DualStar Digital or the customer supply an image, text, audio clip or any other data 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 DualStar Digital to remove and/or replace the file in question.

The customer agrees to full indemnify and hold DualStar Digital and its subcontractors and affiliates, harmless 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 required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that DualStar Digital 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 DualStar Digital, 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 DualStar Digital and any of its relevant subcontractors.

All design work where there is a risk that another party could 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. DualStar Digital will not be held responsible for any and all damages resulting from such claims. DualStar Digital is not responsible for any loss or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold DualStar DIgital responsible for any such loss or damage. Any claim against DualStar Digital shall be limited to the relevant fee(s) paid by the customer.

 

The client agrees to DualStar Digital’s acceptable means of supplying data to the company. Text is to be supplied to DualStar Digital in electronic format as standard test (.txt), Microsoft Word (.doc) on floppy disc, or CD-ROM, or via e-mail.

Images which are supplied in an electronic format, are to be provided in a format as prescribed by DualStar Digital via floppy disc, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and DualStar Digital will not be held responsible for any image quality which the client later deems to be unacceptable. DualStar Digital cannot be 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.

 

Any indication given by DualStar Digital of a project’s duration is to be considered by the customer to be an estimation. DualStar Digital 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 DualStar Digital for the initial payment of by date confirmed in writing by DualStar Digital.

 

The client agrees to allow DualStar Digital all necessary access to computer systems and other location, as required in order to complete a project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow DualStar Digital access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

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

 

DualStar Digital considers the project complete upon receipt of the customer signed proof(s). Other services such as printing, display panel production, film-work, website uploading, publishing etc either contracted on the client’s behalf or directly constitute a separate project and can be treated as a separate charge.

 

Once web design is complete, DualStar Digital will provide the customer with the opportunity to review the resulting work. DualStar Digital 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, color schemes or any navigation features. Any minor changes can be notified to DualStar Digital by e-mail or fax and confirmed by mail.

DualStar Digital will consider that the client has accepted the original draft, if no notification of change is received in writing from the customer, within 14 days of the start of the review period.

 

DualStar Digital does not offer in-house hosting services. DualStar Digital can only suggest possible subcontractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. DualStar Digital may request that clients change the type of hosting account used if that account is deemed by DualStar Digital to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting company are the responsibility of the client and DualStar Digital is not liable for their payment.

 

DualStar Digital cannot guarantee the availability of any domain name. Where DualStar Digital 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.

 

Due to the infinite number of considerations that search engines use when determining a site’s ranking, DualStar Digital cannot guarantee any particular placement, even if DualStar Digital is contracted to attempt to enhance search engine ranking. 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.

 

The customer agrees to allow DualStar Digital to place a small credit on printed material, advertisements and/or a link to DualStar Digital’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 DualStar Digital to place websites and other design, along with a link to the client’s site on DualStar Digital’s own website or printed portfolio for demonstration purposes and to use any designs in its own publicity.

 

DualStar Digital will not include in its designs, any test, 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. DualStar Digital also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that DualStar Digital does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is to remove the contravention without hindrance or penalty. DualStar Digital 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, DualStar Digital will need formal notification in writing to the company’s mailing 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 DualStar Digital within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

 

DualStar Digital makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies, including merchantability or fitness for a particular purpose, even if DualStar Digital has been advise of such a purpose. DualStar Digital will not be held responsible for any and all damages resulting from products and/or services it supplies. DualStar Digital is not responsible for any loss, or consequential loss of data, or non-delivery or products or services, of whatever cause. While we take reasonable steps to investigate the materials and services we recommend, we accept no responsibility for the performance or quality of them or any consequential loss arising from their failure. The customer agrees not to hold DualStar Digital responsible for any such loss or damage. Any claim against DualStar Digital shall be limited to the relevant fee(s) paid by the customer.

DualStar Digital reserves the right to use the services of subcontractors, agents and suppliers and any work, content, services and usage is found by their Terms and Conditions. DualStar Digital will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

DualStar Digital 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. DualStar Digital recommends that if an exact quantity and timing is required, then 10% extra is added 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. DualStar Digital reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. DualStar Digital reserves the right to refuse service to anyone without reason.

 

If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

 

The placement of an order for any products and/or services offered by DualStar Digital 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 DualStar Digital.