IN THESE CONDITIONS, “VIRALBAMBOO” MEANS the company VIRALBAMBOO Ltd, and any full time employees thereof.
“THE CLIENT” MEANS ANY PERSON, FIRM, COMPANY OR BODY that engages in the business of receiving the professional products and/or services that VIRALBAMBOO provides, and where there is a financial transaction between these parties in lieu of said products and services.
The term “project” refers to any of the aforementioned products and services that VIRALBAMBOO provides. It is VIRALBAMBOO company policy that VIRALBAMBOO may not proceed with a project until at least the deposit on the total amount due to that project has been paid by the client, and received by VIRALBAMBOO. Furthermore, the final payment on the principle amount of any payment due to any project is due within 21 days of that project’s completion.
Initiation of a Project
Prior to any job starting, VIRALBAMBOO will provide you with a quotation outlining as far as possible:
Timelines, delivery dates and deliverables per stage
Amount of stages, (design, design development, amendments, etc.)
Amount of meetings
Third party costs if applicable.
Any other additional information relevant to the project.
Once this has been agreed in writing, VIRALBAMBOO will start on the project. If, at any time, there are any changes to this schedule, these will be communicated to the client prior to any work being done.
Any work required in advance of the agreed timetable or any agreed contraction of the timetable shall be charged and paid for at an additional rate agreed in advance, or, failing agreement, determined by VIRALBAMBOO.
VIRALBAMBOO does not work on an exclusive basis unless previously agreed with the client.
Sizes of Artwork and Other Information
Where sizes of artwork or information to be included are specified or supplied by the Client, such information must be supplied to VIRALBAMBOO in writing.
Proofing & Copy/Print Approval
The Client will take full responsibility for all proofreading and copy checking before artwork goes to print, and no liability remains with VIRALBAMBOO in respect of design, wording or pictorial content of any work that has been approved for print. VIRALBAMBOO will never proceed to print without client approval. Responsibility also remains with the Client for the copyright of any material, symbols or names used on their behalf by VIRALBAMBOO.
Third Party Services
Unless clearly stated, our quotation does not include the costs of commissioning independent third parties. Should third party services be required, we will agree this together with a fee at the appropriate time with the Client. Unless specifically commissioned by the client to supervise the work, VIRALBAMBOO will not accept any responsibility for quality of printing or other suppliers. Miscellaneous items e.g. couriers, postage, CD ROMs, etc. will be charged at cost as incurred plus 20%.
VIRALBAMBOO cannot accept responsibility for the late delivery of printed goods or artwork where unforeseen circumstances, late copy or changes to the brief interrupt the progress of design work.
All prices quoted are net of VAT at the current rate. A quotation will state the number of “preliminary design concepts”, “rounds of edits” or “options” which will be presented to the Client at each stage of the design process. VIRALBAMBOO reserves the right to make additional charges for extra work involved in preparing and submitting additional design concepts, alterations over and above the agreed rounds of edits, additional options in layouts or styles, or to the approved design, arising from changes in the Client’s instructions, or any other cause beyond our control.
VIRALBAMBOO will provide regular feedback to the client concerning the progress of the project and/or any unforeseen issues encountered prior to delivery date that may result in the amendment of the terms outlined in this document. Invoices are raised as follows:
An invoice covering the agreed fee to this stage will be raised on approval of the preliminary designs.
Development work carried out in any particular month will be invoiced in that month. The value of the invoice will be based on hours allocated to the job and actual hours of work carried out in any given month.
Finished Artwork, Printing, Print & Production Management
Print & Production Management
Once approval of the job is signed by the Client and all artwork is carried out, an invoice will be issued for this part of the job.
All monies are to be paid within 21 days from the date of invoice. Late fees will be charged on overdue invoices, unless other arrangements have been made with VIRALBAMBOO. Late fees are charged at 10% of invoice total (ex VAT), compounded every 22 days after the date that the invoice is issued. VIRALBAMBOO shall hold all rights of ownership (intellectual property rights, copywriting and moral rights) and title of all design until such time as this work is paid for in full.
lf, for any reason, the Client decides to cancel the project at any stage, fees and expenses for all work up to and including the stage at which it was cancelled, will become payable.
Complaints & Invoice Queries
VIRALBAMBOO must be notified of all complaints in writing within three days of delivery of goods. Invoice-related queries must be notified in writing within 14 days from invoice date.
In a case of dispute, VIRALBAMBOO’s liability is limited to the value of the job, as quoted and approved.
Design Credits & Copyright
VIRALBAMBOO shall be entitled to claim authorship for a design for which they have been responsible and may, if appropriate, place a credit for VIRALBAMBOO provided that it is accomplished in a manner approved by VIRALBAMBOO. In addition, VIRALBAMBOO shall be entitled to a minimum of three copies of all printed work designed by VIRALBAMBOO.
Copyright in all design, drawings, photographs, artwork or sketches is the property of VIRALBAMBOO unless otherwise assigned in writing. Any fees payable to VIRALBAMBOO shall not be deemed to include the assignment of any such rights.
Use of Work
Design or other work carried out during the course of the commission shall not be used for any purpose other than that for which it is commissioned without the prior written approval of VIRALBAMBOO. Where the Client wishes to use design work by VIRALBAMBOO for additional uses, a further fee is to be agreed upon between the Client and VIRALBAMBOO before this further use is agreed upon in writing.
Storage & Insurance of Artwork
VIRALBAMBOO will make every effort to store mechanicals, product samples, artworks, etc either digitally or otherwise, however we cannot in any way be held responsible for loss, partial loss or damage of stored artwork. The Client is responsible for insuring all artwork, photographs, illustrations etc in storage, transit or at the printers for the full cost of replacement.
VIRALBAMBOO shall treat all knowledge of the Client’s intentions, production methods and business organisation as confidential and shall not, at any time, divulge such information without the written consent of the client.
VIRALBAMBOO, including all members of staff, will not divulge any information relating to or arising from the design commission and the work carried out in relation to it unless or until such information lawfully comes into a public domain.