1. Acceptance.
A copy of these terms and conditions must be signed by all new customers at the time of submission of work to Branded Flash, indicating agreement to and acceptance of these Terms and Conditions. Alternatively, payment of an advance fee is an acceptance of our terms and conditions, a copy of which is available at our website www.dualmedia.co.uk.
2. Charges.
Charges for services to be provided by Branded Flash are defined in the cost displayed on the site. All charges must be paid for in full before work is started.
3. Customer Review.
Branded Flash will provide the Customer with an opportunity to review the appearance and content of the game during the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Customer notifies Branded Flash otherwise within ten (10) days of the date the materials are made available to the Customer.
4. Turnaround Time
Branded Flash aims to complete the game with five working days, unless a delay is specifically requested by the Customer and agreed by Branded Flash.
In return, the Customer agrees to delegate a single individual as 'first-point-of-call' to aid Branded Flash with progressing the commission in a satisfactory and expedient manner.
During the project, Branded Flash will require the Customer to provide copy (in electronic format) and images.
5. Termination.
Termination of services by the Customer 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 Customer will be invoiced for any work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
6. Copyright.
Branded Flash retains the copyright to data, files and such no sourse files will be issued to the Customer. All graphic logos provided by the Customer, and grants Branded Flash the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting Branded Flash permission and rights for use of the same and agrees to indemnify and hold harmless Branded Flash from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions. An order placement shall be regarded as a guarantee by the Customer to Branded Flash that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
7. Standard Media Delivery.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer 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 Branded Flash to return to the Customer any images or printed material provided for use in creation of the Customer's Web site, such return cannot be guaranteed.
8. Design Credit.
A link to Branded Flash will appear in either small type or by a small graphic at the bottom of the Customer's Web site. If a graphic is used, it will be designed to fit in with the overall site design.
9. General.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Customer'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.
10. Governing Law.
This Agreement shall be governed by English Law.
11. Cancellation and Refunds
Fees charged on a prepay basis are non-refundable.
12. Indemnification & Disclaimer
Customer agrees that it shall defend, indemnify, save and hold Branded Flash harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Branded Flash, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Branded Flash against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Branded Flash (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Branded Flash.
Branded Flash cannot guarantee and do not accept responsibility for lost email, online orders,
Branded Flash will not be responsible for any damages your business may suffer. Branded Flash makes no warranties of any kind, expressed or implied for services we provide. Branded Flash disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Branded Flash and its employees. Branded Flash reserves the right to revise its policies at any time.