What are our Terms & Conditions?

The following Terms and Conditions of Service apply to all products and services provided by BLUEAPPLE BRAND CONSULTANCY & DESIGN. All work is carried out by BLUEAPPLE BRAND CONSULTANCY & DESIGN on the understanding that the client has agreed to the agencies’ terms and conditions.

Copyright is retained by BLUEAPPLE BRAND CONSULTANCY & DESIGN 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 BLUEAPPLE BRAND CONSULTANCY & DESIGN as fulfilling the contract. All alternate designs remain the property of BLUEAPPLE BRAND CONSULTANCY & DESIGN, unless agreed in writing that this arrangement has been changed.

PROJECT ACCEPTANCE

At the time of proposal, BLUEAPPLE BRAND CONSULTANCY & DESIGN will provide the customer with a written estimate or quotation. The Terms and Conditions will be provided with the quotation/estimate for the project, and are available on the BLUEAPPLE BRAND CONSULTANCY
& DESIGN website as well.

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

DESIGN CHARGES

Charges for design services to be provided by BLUEAPPLE BRAND CONSULTANCY & DESIGN, 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 deposit of 50% of the quoted fee will become immediately due. Work
on the project will not commence until BLUEAPPLE BRAND CONSULTANCY & DESIGN has received this amount.

CHARGES FOR OTHER SERVICES

Charges for any additional services over and above the estimated design, and not covered by the initial quotation/estimate, 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 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 Invoice to BLUEAPPLE BRAND CONSULTANCY & DESIGN. Accounts which remain outstanding for 7 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, International Money Order (for overseas customers), or previously agreed electronic funds transfer, and proof of payment is required.

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

DEFAULT

An account shall be considered default if it remains unpaid for more than 7 days from the date of invoice. BLUEAPPLE BRAND CONSULTANCY & DESIGN shall be considered entitled to remove BLUEAPPLE BRAND CONSULTANCY & DESIGN’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 their obligation to pay the due amount. Customers whose accounts become default agree to pay BLUEAPPLE BRAND CONSULTANCY & DESIGN 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 BLUEAPPLE BRAND CONSULTANCY & DESIGN 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 BLUEAPPLE BRAND CONSULTANCY & DESIGN on behalf of the customer, will remain the property of BLUEAPPLE BRAND CONSULANCY
& DESIGN and/or its suppliers.

The customer may request in writing from BLUEAPPLE BRAND CONSULTANCY & DESIGN, the necessary permission to use materials (for which BLUEAPPLE BRAND CONSULTANCY & DESIGN holds the copyright) in forms other than for which it was originally supplied, and BLUEAPPLE BRAND CONSULTANCY & DESIGN may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to BLUEAPPLE BRAND CONSULTANCY & DESIGN, the customer grants BLUEAPPLE BRAND CONSULTANCY & DESIGN permission to use this material freely in the pursuit of the design.

Should BLUEAPPLE BRAND CONSULTANCY & DESIGN, 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 BLUEAPPLE BRAND CONSULTANCY & DESIGN to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold BLUEAPPLE BRAND CONSULTANCY & DESIGN 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.

ALTERATIONS

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 BLUEAPPLE BRAND CONSULTANCY & DESIGN 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 BLUEAPPLE BRAND CONSULTANCY & 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 BLUEAPPLE BRAND CONSULTANCY & DESIGN 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. BLUEAPPLE BRAND CONSULTANCY & DESIGN will not be held responsible for any and all damages resulting from such claims. BLUEAPPLE BRAND CONSULTANCY & DESIGN is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold BLUEAPPLE BRAND CONSULTANCY & DESIGN responsible for any such loss or damage. Any claim against BLUEAPPLE BRAND CONSULTANCY & DESIGN shall be limited to the relevant fee(s) paid by the customer.

DATA FORMATS

The client agrees to BLUEAPPLE BRAND CONSULTANCY & DESIGN’s definition of acceptable means of supplying data to the company.

Text is to be supplied to BLUEAPPLE BRAND CONSULTANCY & DESIGN in electronic format as standard text (.txt), MS Word (.doc or. docx) on CD-ROM, or via e-mail.

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

If there is any data that needs to be sent back to client via post or courier, the post/courier/shipping charges will be added to the final invoice for the project and paid by the client. BLUEAPPLE BRAND CONSULTANCY & DESIGN is not in any way responsible for the charges incurred from postage, courier, or shipping services.

PROJECT DURATION

Any indication given by BLUEAPPLE BRAND CONSULTANCY & DESIGN of a project’s duration is to
be considered by the customer to be an estimation. BLUEAPPLE BRAND CONSULTANCY & DESIGN 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 BLUEAPPLE BRAND CONSULTANCY & DESIGN for the initial payment or by date confirmed in writing by BLUEAPPLE BRAND CONSULTANCY & DESIGN.

CHARGES FOR CLIET DELAYS

Any unscheduled delays caused by the customer, including but not limited to delays in providing promised content, delays in providing requested feedback or delays in approval of work done by BLUEAPPLE BRAND CONSULTANCY & DESIGN, that exceeds 5 workdays may incur additional daily costs.

If delays exceed 30 days BLUEAPPLE BRAND CONSULTANCY & DESIGN will consider the project complete and the project will become fully payable (100% of the quoted amount).

RIGHTS OF ACCESS FOR WEBSITE CONSTRUCTION

The client agrees to allow BLUEAPPLE BRAND CONSULTANCY & DESIGN 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 BLUEAPPLE BRAND CONSULTANCY & DESIGN 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 BLUEAPPLE BRAND CONSULTANCY & DESIGN with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

PROJECT COMPLETION

BLUEAPPLE BRAND CONSULTANCY & DESIGN considers the project complete upon receipt of the customer’s signed Approval form or once the final payment for the project has been received. 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.

WEBSITE DESIGN ONLY

Once web design is complete, BLUEAPPLE BRAND CONSULTANCY & DESIGN will provide the customer with the opportunity to review the resulting work. BLUEAPPLE BRAND CONSULTANCY & DESIGN 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, colour schemes or any navigation features. Any minor changes can be notified to BLUEAPPLE BRAND CONSULTANCY & DESIGN by e-mail.

BLUEAPPLE BRAND CONSULTANCY & DESIGN 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.

HOSTING WEBSITES

BLUEAPPLE BRAND CONSULTANCY & DESIGN hosts websites on servers owned and maintained by 3rd parties and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. BLUEAPPLE BRAND CONSULTANCY & DESIGN may request that clients change the type of hosting account used if that account is deemed by BLUEAPPLE BRAND CONSULTANCY & DESIGN to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to hosting organisations not directly contracted by BLUEAPPLE BRAND CONSULTANCY & DESIGN are the responsibility of the client and BLUEAPPLE BRAND CONSULTANCY & DESIGN is not liable for their payment. Non-payment of hosting fees that are owed and due to BLUEAPPLE BRAND CONSULTANCY & DESIGN will result in the deactivation of the client’s website.

DOMAIN REGISTRATION

BLUEAPPLE BRAND CONSULTANCY & DESIGN cannot guarantee the availability of any domain name. Where BLUEAPPLE BRAND CONSULTANCY & DESIGN 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 ENGINATION SUBMISSION/OPTIMIZATION

Due to the infinite number of considerations that search engines use when determining a site’s ranking, BLUEAPPLE BRAND CONSULTANCY & DESIGN 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 search results varies from one search engine to another. Rankings will also vary as new sites are added.

DESIGN CREDITS

The customer agrees to allow BLUEAPPLE BRAND CONSULTANCY & DESIGN to place a small credit on printed material, exhibition displays, advertisements and/or a link to BLUEAPPLE BRAND CONSULTANCY & DESIGN’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 BLUEAPPLE BRAND CONSULTANCY & DESIGN to place websites and other designs, along with a link to the client’s site on BLUEAPPLE BRAND CONSULTANCY & DESIGN’s own website for demonstration purposes and to use any designs in its own publicity.

RIGHTS OF REFUSAL

BLUEAPPLE BRAND CONSULTANCY & DESIGN 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. BLUEAPPLE BRAND CONSULTANCY & DESIGN also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that BLUEAPPLE BRAND CONSULTANCY & DESIGN does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow BLUEAPPLE BRAND CONSULTANCY & DESIGN to remove the contravention without hindrance, or penalty. BLUEAPPLE BRAND CONSULTANCY & DESIGN 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, BLUEAPPLE BRAND CONSULTANCY & DESIGN will need formal notification in writing to BLUEAPPLE BRAND CONSULTANCY & DESIGN ’s  postal address. The client will then be invoiced for all work completed over and above the deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 7 days. Please note: any cancellation which is not formally confirmed in writing and received by BLUEAPPLE BRAND CONSULTANCY & DESIGN within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

DISCLAIMER

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

BLUEAPPLE BRAND CONSULTANCY & DESIGN 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. BLUEAPPLE BRAND CONSULTANCY & DESIGN will not knowingly perform any actions to contravene these and the client also agrees to be so bound. BLUEAPPLE BRAND CONSULTANCY & DESIGN 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. BLUEAPPLE BRAND CONSULTANCY & DESIGN recommends 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. BLUEAPPLE BRAND CONSULTANCY & DESIGN reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

ACCEPTANCE OF QUOTATION/ESTIMATE AND TERMS & CONDITIONS

The placement of an order for design and/or any other services offered by BLUEAPPLE BRAND CONSULTANCY & DESIGN 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 BLUEAPPLE BRAND CONSULTANCY & DESIGN.