The following Terms and Conditions of Service apply to all products and services provided by Wild Monkey Design.
All work is carried out by Wild Monkey Design on the understanding that the client has agreed to Wild Monkey Design’s terms and conditions
Copyright is retained by Wild Monkey 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 Wild Monkey Design as fulfilling the contract. All other designs remain the property of Wild Monkey Design, unless agreed in writing that this arrangement has been changed.
Proofs are submitted with all drafts of work for the client with acceptance of the delivered proof. The client is accepting the terms and conditions outline on said proof as well as the terms and conditions presented below.
At the time of proposal, Wild Monkey Design will provide the client with a written estimate or quotation (if requested). The Terms and Conditions can be read on Wild Monkey Design’ website. A copy of the written estimate or quotation is to be signed and dated by the client to indicate acceptance and should be returned to Wild Monkey Design. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Wild Monkey Design’ terms and conditions. No work on a project will commence until either document has been received by Wild Monkey Design.
Charges for design services to be provided by Wild Monkey Design, will be set out in the written estimate or quotation that is provided to the client. At the time of the client’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 Wild Monkey Design has received this amount.
Charges For Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The client will be provided with an Approval Form and/or Review of the work provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the client will also be required to sign and submit the Approval Form to Wild Monkey Design. Accounts which remain outstanding for 30 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, Major Credit Card, or Money Order and/or previously agreed electronic funds transfer (No checks are accepted).
Publication and/or release of work done by Wild Monkey Design on behalf of the client, may not take place before cleared funds have been received.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Wild Monkey Design shall be considered entitled to remove Wild Monkey Design 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, business cards, flyers, pamphlets, 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 it’s obligation to pay the due amount. Clients whose accounts become default agree to pay Wild Monkey Design reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights & Trademarks
By supplying text, images and other data to Wild Monkey Design for inclusion in the client’s business cards, flyers, pamphlets, 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.
Any artwork, images, or text supplied and/or designed by Wild Monkey Design on behalf of the client, will remain the property of Wild Monkey Design and/or it’s suppliers.
The client may request in writing from Wild Monkey Design, the necessary permission to use materials (for which Wild Monkey Design holds the copyright) in forms other than for which it was originally supplied, and Wild Monkey 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 Wild Monkey Design, the client grants Wild Monkey Design permission to use this material freely in the pursuit of the design.
Should Wild Monkey Design, or the client supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, 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 Wild Monkey Design to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold Wild Monkey Design 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 Wild Monkey Design 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 Wild Monkey 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 Wild Monkey Design and any of it’s 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. Wild Monkey Design will not be held responsible for any and all damages resulting from such claims. Wild Monkey Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Wild Monkey Design responsible for any such loss or damage. Any claim against Wild Monkey Design shall be limited to the relevant fee(s) paid by the client.
The client agrees to Wild Monkey Design’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Wild Monkey Design in electronic format as standard text (.txt), MS Word (.doc) on disc (Blu-Ray & CD-ROM), or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Wild Monkey Design via floppy disc, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Wild Monkey Design will not be held responsible for any image quality which the client later deems to be unacceptable. Wild Monkey 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.
Design Project Duration
Any indication given by Wild Monkey Design of a design project’s duration is to be considered by the client to be an estimation. Wild Monkey 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 Wild Monkey Design for the initial payment or by date confirmed in writing by Wild Monkey Design.
Rights of Access For Website Construction
The client agrees to allow Wild Monkey 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 client also agrees to allow Wild Monkey 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 client agrees to supply Wild Monkey Design 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
Wild Monkey Design considers the design project complete upon receipt of the client’s Review and signed Approval form. Other services such as printing, display panel production, filmwork, 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, Wild Monkey Design will provide the client with the opportunity to review the resulting work. Wild Monkey 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 Wild Monkey Design by e-mail or fax and confirmed by post.
Wild Monkey Design will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.
Our Website is intended for the use of adults and individuals 13 years of ages and older. Our Website is not directed to children under the age of 13. Users under the age of 13 must have the permission and/or assistance of an adult while using or visiting our Website.
Wild Monkey Design does offer in-house hosting services. Wild Monkey Design does ustilize sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Wild Monkey Design may request that clients change the type of hosting account used if that account is deemed by Wild Monkey Design to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.
Wild Monkey Design cannot guarantee the availability of any domain name. Where Wild Monkey 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 Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Wild Monkey 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.
The client agrees to allow Wild Monkey Design to place a small credit on printed material exhibition displays, advertisements and/or a link to Wild Monkey Design’ own website on the client’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 client also agrees to allow Wild Monkey Design to place websites and other designs, along with a link to the client’s site on Wild Monkey Design’ own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
Wild Monkey 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. Wild Monkey Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Wild Monkey Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow Wild Monkey Design to remove the contravention without hindrance, or penalty. Wild Monkey Design 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, Wild Monkey Design 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. Please note: any cancellation which is not formally confirmed in writing and received by Wild Monkey Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Wild Monkey Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Wild Monkey Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Wild Monkey 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 client agrees not to hold Wild Monkey Design responsible for any such loss or damage. Any claim against Wild Monkey Design shall be limited to the relevant fee(s) paid by the client.
Wild Monkey 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. Wild Monkey Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Wild Monkey 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. Wild Monkey Design 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.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Wild Monkey 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 and Terms of Conditions
The placement of an order for design and/or any other services offered by Wild Monkey Design and validated by the client’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 Wild Monkey Design.