Arnaud Brunel / Designer
Terms and Conditions
The following Terms & Conditions are a legal and binding document, applicable to all products and/or services undertaken by Arnaud Brunel, for and on behalf of any Client(s) who have duly signed or electronically approved Arnaud Brunel’s quotation(s) for any such products and/or services, and therefore authorised Arnaud Brunel to render the aforementioned products and deliver said services.
Terms and Conditions:
1. Project Specifications.
1.1. The Client must supply the Project Specifications to Arnaud Brunel in order for Arnaud Brunel to issue an accurate and binding quotation.
1.2. If the Client requires further assistance with creating Project Specifications, Arnaud Brunel is willing to assist the Client. This time may be billed to the Client at the discretion of Arnaud Brunel.
1.3. Any Additional Work (Terms and Conditions 19.) must be supplied as additional Project Specifications.
2.1. Quotations are valid for 10 (ten) calendar days from the documented date on the Quotation.
2.2. Quotations do not include domain name registration or hosting fees unless otherwise specified.
3.1. Upon a Client signing or electronically approving the Quotation from Arnaud Brunel, the Client acknowledges that they have read and accepted these Terms and Conditions.
4.1. The Client acknowledges acceptance of the Quotation and these Terms and Conditions by paying the total quoted value to Arnaud Brunel stipulated bank and account details as provided unless a deposit amount is agreed by both parties in writing.
4.2. Products and/or services as described in the Quotation will only commence, once the Client’s payment or deposit has been confirmed as received by Arnaud Brunel, which will be reciprocated with a Statement allocating Payment to said Invoice, to the Client, when said funds are confirmed by Arnaud Brunel.
4.3 Arnaud Brunel commits to work expeditiously to complete the quoted products and/or services within the Project Specifications and time-frames indicated as per the Quotation(s).
4.4. In order to deliver these products and/or services within the projected time-frames, the Client’s co-operation is paramount.
4.5. Arnaud Brunel cannot be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.
4.6. Arnaud Brunel endeavours to make websites that perform well in current major browsers, but cannot guarantee backward compatibility (i.e. functionality on older devices and software).
5.1. Deposit(s), when agreed by both parties, are non-refundable.
6. Required Documentation.
6.1. Required documentation refers to any and all information necessary for the timeous commencement and delivery of products and/or services as described in these Terms and Conditions and indicated by the Project Specifications.
6.2. The Client is to provide all Required Documentation electronically to Arnaud Brunel, within 10 (ten) calendar days after the Invoice date confirming the received deposit, to initiate work on aforementioned quoted products and/or services, unless they are to be created as part of the project.
6.3. The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with Terms & Conditions 6.2.
6.4. If the Client does not supply Arnaud Brunel with the Required Documentation within 20 (twenty) calendar days from Invoice date, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with Arnaud Brunel.
6.5. If the Client still has not submitted or provided all the Required Documentation within 45 (forty-five) calendar days from Invoice date, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.
7.1. The Client has to ensure they have the Copyright for all material supplied.
7.2. Arnaud Brunel, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any Copyright disputes.
7.3 If and when Arnaud Brunel is informed that material was provided without the required Copyright, illegal content will be removed immediately and the Client will be billed with the cost thereof.
7.4. Arnaud Brunel does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.
8. Written Content and Fonts.
8.1. Unless otherwise specified in the Quotation, the Client shall supply all content wording to be published in accordance with the specified products and/or services.
8.2. Written Content must be supplied by the Client in formatted text (as the Client specifies it to appear), unless otherwise agreed to by Arnaud Brunel to design the layout thereof.
8.3. All fonts for Written Content shall be indicated by the Client in the Project Specifications.
9. Graphic Images.
9.1. Unless otherwise specified in the Quotation, the Client shall supply all Graphic Images to be published in accordance with the specified products and/or services.
9.2. Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format.
10.1. Photographs supplied by the Client must be of high digital quality and applicable format.
11. Specified Colours.
11.1. Colours specified by the Client must be supplied as Pantone and CMYK values or, when agreed by written consent, in Hex format.
12.1. Arnaud Brunel does not offer any printing products and/or services, therefore Arnaud Brunel takes no responsibility for print or Printing errors.
12.2. Completed graphic design, logo, or any artwork by Arnaud Brunel will be e-mailed to the Client, and the Client will enter into an agreement directly with the printer of their choice.
12.3. Screen colours and digital proofs can vary from litho Printing. To ensure colour and print quality, it is the Client’s responsibility to request a colour proof from their printers.
13. Website Hosting.
13.1. Hosting via Arnaud Brunel
13.1.1. Monthly Hosting & Domain Fees must be paid on or before the last working day of each month, unless committed to payment by means of a stop order payment, in which instance the last calendar day is applicable.
13.1.2. Hosting fees are payable from date of domain registration or transfer to Arnaud Brunel.
13.1.3. Payments not received by the 5th of each month will automatically suspend the Client’s Hosting service, thus deactivating the Client’s website and linked e-mail accounts.
13.1.4. A reactivation fee, at the appropriate rate at that time, will be billed to the Client.
13.1.5. Hosting fees not received for 2 consecutive calendar months irrevocably terminates the linked website and associated e-mail accounts with the host. The Client’s domain registration remains for the balance of the yearly domain fee paid, but no software, design and/or development work associated with the domain is recoverable by reactivation hereafter.
13.1.6. Arnaud Brunel reserves the right to suspend the Client’s services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions.
13.1.7. Hosting cancellations are only accepted in writing, e-mailed to [email protected], on or before the 1st of the new month as it carries a calendar month notice period.
13.1.9. All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with Arnaud Brunel, thus enabling release to transfer to a Third Party Hosting Service Provider.
13.2. Hosting via a Third Party Service Provider.
13.2.1. The Client has to provide Arnaud Brunel with their Cpanel, FTP and database details to upload onto Arnaud Brunel’ software.
13.2.2. If the Client uses a Third Party Service Provider on Arnaud Brunel’ recommendation, the Client will enter into an agreement directly with that Third Party Service Provider.
13.2.3. Arnaud Brunel will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as we do not have control over the status of hosting, domain renewals or e-mail when not hosted with Arnaud Brunel.
13.2.4. All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.
13.2.5. Arnaud Brunel will however assist the Client upon request with Third Party Hosting Service Provider(s). This time may be billed to the Client at the discretion of Arnaud Brunel.
14. Search Engine Optimization (SEO).
14.1. Arnaud Brunel cannot guarantee search positions or rankings of websites, but include Search Engine Optimisation (SEO) in the form of descriptions, structure and basic content recommendations. Arnaud Brunel can assist with the Client’s SEO if and when required and will issue the Client a Quotation accordingly.
15.2. Arnaud Brunel will only load 25 products on the website on the Client’s behalf. However, the Client will be able to load unlimited products.
15.3. Should the Client require Arnaud Brunel to load more than the aforementioned 25 loaded products, Arnaud Brunel will issue the Client a Quotation accordingly.
16. Review and Changes.
16.1. On design completion of the Client’s website, the website will be activated for 2 (two) working days, in order for the Client to preview and respond with amendments and/or improvements, within these 2 (two) working days, in writing by e-mail.
16.2. Hereafter the Client’s website will be reverted to “Under Construction” status until these amendments and/or improvements, or other adjustments have been made.
17. Balance of Payment.
17.1. The Client is required to e-mail the Proof of Payment to Arnaud Brunel, which will be reciprocated with a Statement, allocating payment to said Invoice, to the Client, when said funds are confirmed by Arnaud Brunel.
17.2. All work remains the property of Arnaud Brunel until the full and final payment is received.
18. Completion Date.
18.1. Activation of the Client’s website is conditional to the Terms & Conditions 17. above.
18.2. The Completion Date of a project is affected by feedback and received content from the Client. Time-frames will be adjusted within reason, notwithstanding these Terms & Conditions.
18.3. The Client will be notified when the website is activated, and then the Client will have 2 (two) working days to report any faults or request minor alterations (within the initial Agreement), in writing by e-mail.
18.4. Should Arnaud Brunel not receive a reply within 2 (two) working days via e-mail, the Client’s website is considered finalised and complete. Therefore, Arnaud Brunel takes no responsibility for website content errors hereafter.
18.5. Please note that any further adjustments or amendments after this date will be at an additional cost as set out in Terms and Conditions 19.
19. Additional Work
19.1 Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement, will be billed in accordance to these Terms and Conditions, quoted and agreed to.
19.2. All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
19.3. Scope creep will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Specifications with Arnaud Brunel remains the responsibility of the Client.
19.4. Arnaud Brunel may suggest Additional Work for the Client’s project, including but not limited to graphic design, software, etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or Arnaud Brunel will issue the Client a Quotation accordingly.
20. Service Agreement.
20.1. The Client may request Arnaud Brunel access to their website’s Content Management System (CMS). Upon doing so, the Client indemnifies Arnaud Brunel from any changes made by the Client or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information.
20.2. A restoration fee in accordance to these Terms and Conditions, quoted and agreed to, will be billed when having to restore a website.
20.3. Arnaud Brunel commits to respond to any technical error, which may be the result of their Hosting services, design software or any plausible fault, omission or neglect on their part within this agreement(s), within 2 (two) working days.
20.4. Arnaud Brunel is not liable to Client(s) or responsible for said products and/or services of Client(s) whose accounts are not paid up to date.
21. Invoices and Statements.
21.1. Arnaud Brunel is not a credit service provider and does not grant any credit facilities whatsoever.
21.2. All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices on the Statement upon Arnaud Brunel having confirmed receipt of said funds.
22.1. Telephonic, Skype or e-mail queries will be responded to free of charge for confirmed Clients according to Terms & Conditions 4.1.
22.2. Meetings and consultations will be charged at the discretion of Arnaud Brunel, in accordance to these Terms and Conditions, quoted and agreed to.
23. Legal Costs.
23.1. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Arnaud Brunel’s legal representative(s), and the full outstanding balance becomes payable.
23.2. All legal cost resulting of non-payment will be accrued to the Client’s outstanding balance.
24.1. Should the Client cancel the project at any time, all fees up to that point, exceeding any agreed deposit, of work will be calculated and will be billed to the Client. This is payable within 7 (seven) calendar days of Invoice date.
24.2. Hosting and Domain Fees are non-refundable, as these are paid in advance.
24.3. Arnaud Brunel reserves the right at his discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
25.1. Arnaud Brunel will not be held liable for any viruses, hacking, malicious content or any Security breaches pertaining to any third party applications or to the Client’s website.
25.2. Arnaud Brunel’s Hosting service provider may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third party application or website.
26.1. Arnaud Brunel reserves the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies or any other third party agreements.
26.2. These Terms and Conditions (https://www.arnaud-brunel.com/terms-and-conditions/) are legally binding in accordance with the publishing date hereof, as incorporated on Arnaud Brunel’s own website , and date of signing a product and/or service delivery Agreement(s), approving a quote or settling your invoice with Arnaud Brunel.