Terms & Conditions

The following Terms and Conditions of Service apply to all products and services provided by Core Creative Group LLC (hereinafter referred to as CCG) and in the event of any dispute are governed by the laws of the state of New Hampshire, USA.

Provisional Acceptance Period

Any and all services executed, (and costs incurred) by CCG on the verbal and/or written instruction of the client, (albeit provisional on the cost quote being approved), may be charged for at the discretion of Peter Hedley (CCG), should these services be terminated if the cost quote has been rejected.  This is especially pertinent where tight timelines are involved and prep. work by CCG has already commenced (based on verbal approval to proceed), but before final signed approval has been received.

Project Acceptance

CCG will provide the customer with a written itemized estimate or quotation by email in the form of a Cost Quote Contract. The Terms and Conditions of these quotations/estimates can be reviewed at any time on the CCG website: https://www.corecreativegroup.us/terms. 

If the initial quote is rejected by the client, then CCG must be allowed to revise the costs for services and resubmit a v2 proposal

For Approval 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 CCG via email.

Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.

For the avoidance of doubt, the CCG Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order or service providers' Terms & Conditions.

Design Charges

Charges for all services to be provided by CCG 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 & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.

Unless agreed otherwise with the Client, (for instance where a monthly CCG Agency Retainer fee has been adopted and mutually-agreed to), all services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. 

Source Files

We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.

Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.

Charges for Other Services

Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment

The customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to CCG.

Any invoice queries must be submitted by email within 14 days of the invoice date.  Payment by CCG for external work (outsourced creatives), will be paid when and only when, full payment is received by CCG from the relevant client.  Failure to receive full payment from the client may, (or may not), result in legal action taken to recover costs owed to CCG from the delinquent client.  CCG is not duty-bound to enter into any legal action to recover monies owed and this course of action can only be made at the discretion of the CCG founder, Peter Hedley. 

Payments may be made by online transfer or check.

Payments made by check must be previously agreed and may be subject to an administration charge. 

Publication and/or release of work done by CCG on behalf of the client, may not take place before cleared funds have been received.

Returned checks will incur an additional fee of $50 per returned check. CCG reserves the right to consider an account to be in default in the event of a returned check.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. CCG shall be entitled to remove CCG ‘s 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 all CCG ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images and other data to CCG 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 CCG on behalf of the customer, will remain the property of CCG unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.

The customer may request in writing from CCG, the necessary permission to use materials (for which CCG holds the copyright) in forms other than for which it was originally supplied, and CCG may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

Any software, code, plugin or other third party material used in a web or digital project remains the property of CCG and any ongoing licence fees or fees for upgrades are the responsibility of the client, not CCG.

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

Should CCG, 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 CCG to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold CCG 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.

All work is carried out by CCG on the understanding that the client and service providers have agreed to our terms and conditions.

Copyright is retained by CCG 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 designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of CCG, unless specifically agreed in writing.

Alterations

The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.

The customer also agrees that CCG holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by CCG, or any of its contractors, is licensed for use by the client on a one-time only basis (after payment has been received), and may not be modified, re-used, or re-distributed in any way or form without the express written consent of CCG 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.

CCG will not be held responsible for any and all damages resulting from such claims.

CCG is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold CCG responsible for any such loss or damage.

Any claim against CCG shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to CCG’s definition of acceptable means of supplying data to the company.

Text is to be supplied to CCG in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.

Images which are supplied in an electronic format are to be provided in a format as prescribed by CCG via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and CCG will not be held responsible for any image quality which the client later deems to be unacceptable.

CCG 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, color correction and alteration of images

Design Project Duration

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

Rights of Access for Website Construction/Investigation

The client agrees to allow CCG 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, usernames and passwords.

The customer also agrees to allow CCG 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 CCG 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

CCG considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as printing, display panel production, filmwork, 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

CCG require that a template is approved by the customer before coding and/or building of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colors, structure or content that require changes to the template will incur an additional charge.

Once web design is complete, CCG will provide the customer with the opportunity to review the resulting work. CCG 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 CCG by e-mail.

CCG will consider that the client has 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.

Domain Registration

CCG cannot guarantee the availability of any domain name. Where CCG 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.

Rights of Refusal

CCG 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. CCG also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that CCG does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow CCG to remove the contravention without hindrance, or penalty. CCG is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, CCG will need formal notification in an email.  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 an email and received by CCG within 14 days of such instruction being issued, will be liable for the full quoted cost of the project, including and especially costs for any additional work incurred by the agency.  Any cancellation made by client, late in a project's development, and after the agency has invested extensive work is liable for the full quoted costs of the project, plus additional expenses as deemed relevant.  The total costs will be at the sole discretion of the agency.  For Monthly Retainer Payment arrangements, payment will be 14 days before the next billing cycle to terminate this following monthly payment plan.  The client will still be liable for full payment of the remainder month.  No part monthly payment arrangements will be entered into.

Disclaimer

CCG makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. CCG will not be held responsible for any and all damages resulting from products and/or services it supplies. CCG 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 CCG responsible for any such loss or damage. Any claim against CCG shall be limited to the relevant fee(s) paid by the customer.

CCG 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. CCG will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

CCG 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. CCG 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.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. CCG reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by CCG, by email, or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at https://www.corecreativegroup.us

An estimate validated by the customer’s signature on the estimate or quotation form, or by email, 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 Core Creative Group (CCG).