Terms of Service
The following Terms and Conditions of Service apply to all products and services provided by Brilliant Blue Designs, LLC (hereafter referred to as Brilliant Blue Designs).
For the the purpose of these terms, “written” communication can include email and other digital communication.
All work is carried out by Brilliant Blue Designs on the understanding that the client has agreed to Brilliant Blue Designs’s terms and conditions.
Brilliant Blue Designs retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client.
If a choice of designs are presented, only one solution is deemed to be given by Brilliant Blue Designs as fulfilling the contract. All other designs remain the property of Brilliant Blue Designs, unless agreed in writing that this arrangement has been changed.
At the time of proposal, Brilliant Blue Designs will provide the client with a written estimate or quotation. The terms and conditions can be read on the Brilliant Blue Designs website.
The client may send an official order in reply to the estimate or quotation, or an email acknowledging acceptance of the quotation, which binds the client to accept Brilliant Blue Designs’s terms and conditions.
No work on a project will commence until acceptance of the quotation has been received by Brilliant Blue Designs.
Clients will normally be invoiced on completion of work on our standard 30 days terms. For larger projects, such as website development, we will require staged payment. This would normally be 50% downpayment with full payment due at completion.
Payments may be made by online transfer, cash or check. Publication and/or release of work undertaken by Brilliant Blue Designs on behalf of the client may not take place before cleared funds have been received.
Brilliant Blue Designs reserves the right to consider an account to be in default in the event of a returned check. A returned check fee of $50 will be charged.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check.
Brilliant Blue Designs shall be considered entitled to remove Brilliant Blue Designs and/or the client’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 client of its obligation to pay the due amount. Clients whose accounts become default agree to pay Brilliant Blue Designs 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 Brilliant Blue Designs for inclusion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. Brilliant Blue Designs agrees to use proper care in following proper procedures in making sure of copyright and trademark permissions of any material supplied by us, and agrees to the same.
Original web site content specifically requested by the customer and designed under work for hire shall be the intellectual property of the customer once final payment under this agreement and any additional charges incurred have been paid. Rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. Brilliant Blue Designs retains the right to display graphics, logos, print design, websites, and other design work done for the client as examples of their work in their respective portfolios unless requested otherwise in writing by the client for confidentiality or other reasons.
Should Brilliant Blue Designs or the client 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 client will agree to allow Brilliant Blue Designs to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold Brilliant Blue Designs free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
The client 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 client also agrees that Brilliant Blue Designs 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 client by MW Design, 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 Brilliant Blue Designs 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 advice sought as to its use. As an example, a logo should be registered as a trademark by the client.
Brilliant Blue Designs will not be held responsible for any and all damages resulting from such claims. Brilliant Blue Designs is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Brilliant Blue Designs responsible for any such loss or damage. Any claim against Brilliant Blue Designs shall be limited to the relevant fee(s) paid by the client.
Rights of refusal
Brilliant Blue Designs 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.
Brilliant Blue Designs also reserves the right to refuse to include submitted material without giving reason.
In the situation where any images and/or data that Brilliant Blue Designs does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the client is obliged to allow Brilliant Blue Designs to remove the contravention without hindrance, or penalty. Brilliant Blue Designs 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, Brilliant Blue Designs 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.
Any indication given by Brilliant Blue Designs of a project’s duration is to be considered by the client to be an estimate. Brilliant Blue Designs 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 Brilliant Blue Designs for the initial payment or by date confirmed in writing by Brilliant Blue Designs .
Brilliant Blue Designs makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Brilliant Blue Designs will not be held responsible for any and all damages resulting from products and/or services it supplies.
Brilliant Blue Designs 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 client agrees not to hold Brilliant Blue Designs responsible for any such loss or damage. Any claim against Brilliant Blue Designs shall be limited to the relevant fee(s) paid by the client.
Brilliant Blue Designs 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. Brilliant Blue Designs will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Brilliant Blue Designs 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. Brilliant Blue Designs 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.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Brilliant Blue Designs, by email, text, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.brilliantbluedesigns.com/terms-and-conditions
An estimate validated by confirmation of approval to proceed with the project by the client by e-mail, text, or in writing 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 Brilliant Blue Designs.
Brilliant Blue Designs reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.