The following Terms and Conditions of Service apply to all products and services provided by Xtrafuel Design.

All work is carried out by Xtrafuel Design on the understanding that the client has agreed to Xtrafuel Design’s terms and conditions.

Copyright is retained by Xtrafuel 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 Xtrafuel Design as fulfilling the contract. All othe designs remain the property of Xtrafuel Design, unless agreed in writing that this arrangement has been changed.

Project Acceptance
At the time of proposal, Xtrafuel Design will provide the customer with a written estimate, quotation or design agreement. The Terms and Conditions can be read on Xtrafuel Design’s website.

A copy of the written estimate, quotation or design agreement is to be signed and dated by the customer to indicate acceptance and should be returned to Xtrafuel Design. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Xtrafuel Design’ terms and conditions. No work on a project will commence until either document has been received by Xtrafuel Design.

Design Charges
Charges for design services to be provided by Xtrafuel Design, will be set out in the written estimate, quotation or design agreement 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 unless a smaller amount is requested in the estimate, quotation or design agreement. Work on the project will not commence until Xtrafuel 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) 14 days after the time of estimate or quotation acceptance.

Payment
The customer will be provided with an Approval Form and 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 to Xtrafuel Design. Where payment of any invoice or part of it is not made by the due date, Xtrafuel Design will be entitled to charge interest calculated on a daily basis on the outstanding amount at a rate of 1% per annum above National Westminster Bank plc’s base rate from time to time in force from the due date for payment until the outstanding amount is paid.

Payments may be made by cash, cheque, or (for overseas customers), Pound Sterling International Money Order or previously agreed electronic funds transfer.

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

Returned cheques will incur an additional fee of £50 per returned cheque. Xtrafuel Design reserves the right to consider an account to be in default in the event of a returned cheque.

Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Xtrafuel Design shall be considered entitled to remove Xtrafuel Design’ 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 Xtrafuel 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 Xtrafuel 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.

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

Should Xtrafuel 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 Xtrafuel Design to remove and/or replace the file on the site.

When Xtrafuel Design receives the customer’s final payment, copyright is automatically assigned as follows:
The customer owns the website, source code, graphics and other visual elements that Xtrafuel Design create for the customer for this project. Xtrafuel Design will give the customer a copy of all files and the customer should store them safely. Xtrafuel Design will keep a backup of all files but can not guarantee these files will be available due to events beyond of Xtrafuel Design’s control.

The customer also owns text content, photographs and other data the customer provided, unless someone else owns them.

The customer agrees to fully indemnify and hold Xtrafuel 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 permissions.

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 Xtrafuel Design holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing
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. Xtrafuel Design will not be held responsible for any and all damages resulting from such claims. Xtrafuel 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 Xtrafuel Design responsible for any such loss or damage. Any claim against Xtrafuel Design shall be limited to the relevant fee(s) paid by the customer.

Data Formats
The client agrees to Xtrafuel Design’s definition of acceptable means of supplying data to the company.

Text is to be supplied to Xtrafuel Design in electronic format as standard text (.txt), MS Word (.doc) 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 Xtrafuel Design via CD-ROM or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Xtrafuel Design will not be held responsible for any image quality which the client later deems to be unacceptable. Xtrafuel 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 Xtrafuel Design of a design project’s duration is to be considered by the customer to be an estimation. Xtrafuel 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 Xtrafuel Design for the initial payment or by date confirmed in writing by Xtrafuel Design.

Rights of Access for Website Construction
The client agrees to allow Xtrafuel 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 Xtrafuel 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 Xtrafuel 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
Xtrafuel Design considers the design project complete upon receipt of the customer’s 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, Xtrafuel Design will provide the customer with the opportunity to review the resulting work. Xtrafuel 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 Xtrafuel Design by e-mail or fax and confirmed by post.

Xtrafuel 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.

Domain Registration
Xtrafuel Design cannot guarantee the availability of any domain name. Where Xtrafuel Design is to register a domain name on behalf of a client it will endeavour 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, Xtrafuel 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 Xtrafuel Design to place a small credit on printed material exhibition displays, advertisements and/or a link to Xtrafuel 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 Xtrafuel Design to place websites and other designs, along with a link to the client’s site on Xtrafuel Design’s own website for demonstration purposes and to use any designs in its own publicity.

Rights of Refusal
Xtrafuel 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. Xtrafuel Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Xtrafuel Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Xtrafuel Design to remove the contravention without hindrance, or penalty. Xtrafuel 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, Xtrafuel 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 Xtrafuel Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer
Xtrafuel Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Xtrafuel Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Xtrafuel 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 resonable steps to investigate the materials we recommend, we accept no responsibility for the performace or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Xtrafuel Design responsible for any such loss or damage. Any claim against Xtrafuel Design shall be limited to the relevant fee(s) paid by the customer.

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

Xtrafuel 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. Xtrafuel 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.

General
Should Xtrafuel Design waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Xtrafuel Design to waive the same clause on any other occasion.

By agreeing to these terms and conditions your statutory rights are not affected.

No variation to this agreement shall be effective unless made in writing and signed by an authorised signatory on behalf of the customer and Xtrafuel Design.

Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Xtrafuel Design and validated by the customer’s signature on the estimate, quotation or design agreement, 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 Xtrafuel Design