Terms & Conditions of Service
Acceptance of Bold Move Studio Terms of Service
The following Terms and Conditions of Service apply to products and services provided by Bold Move Studio and in the event of any dispute are governed by the laws of Trinidad and Tobago.
All work is carried out by Bold Move Studio on the understanding that the Client has agreed to our Terms and Conditions of Service.
Design Charges
Charges for design services to be provided by Bold Move Studio are stated on the website. An Invoice is provided to the Client at the time of the Client’s signed acceptance of the Bold Move Studio Work Agreement, indicating acceptance of the Terms & Conditions of Service.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of cost acceptance.
Payment
Payments will be made in advance as per signed Work Agreement by online ACH transfer (locally) or credit card (Visa, Mastercard) via WiPay or PayPal. Publication and/or release of work done by Bold Move Studio on behalf of the Client, may not take place before cleared funds have been received.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Bold Move Studio shall be entitled to remove 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, hosting, domain registration, search engine submission, design and maintenance.
Removal of such materials does not relieve the Client of its obligation to pay the due amount.
Clients whose accounts become default agree to pay all Bold Move Studio‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions of Service.
Copyrights and Trademarks
By supplying text, images and other data to Bold Move Studio for inclusion in the Client’s 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 Bold Move Studio on behalf of the Client, will remain the property of Bold Move Studio and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the client solely for the project defined in the scope or request and not for any other purpose.
The client may request in writing from Bold Move Studio, the necessary permission to use materials (for which Bold Move Studio holds the copyright) in forms other than for which it was originally supplied, and Bold Move Studio may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the Client, not Bold Move Studio.
By supplying images, text, or any other data to Bold Move Studio, the Client grants Bold Move Studio permission to use this material freely in the pursuit of the design.
Should Bold Move Studio, or the Client 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 Client will agree to allow Bold Move Studio to remove and/or replace the file on the site.
The Client agrees to fully indemnify and hold Bold Move Studio 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.
Alterations
The Client agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the Client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge. The Client also agrees that Bold Move Studio holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, illustration, idea or code created for the client by Bold Move Studio, or any of its contractors, is licensed for use by the client for contracted use only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Bold Move Studio and any of its 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.
Bold Move Studio will not be held responsible for any and all damages resulting from such claims.
Bold Move Studio is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold Bold Move Studio responsible for any such loss or damage.
Any claim against Bold Move Studio shall be limited to the relevant fee(s) paid by the Client.
Data Formats
The Client agrees to Bold Move Studio’s definition of acceptable means of supplying data to the company. Text is to be supplied to Bold Move Studio in electronic format as standard text (.txt), Google (.doc) or via e-mail.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Bold Move Studio. Images must be of a quality suitable for use without any subsequent image processing, and Bold Move Studio will not be held responsible for any image quality which the Client later deems to be unacceptable. Bold Move Studio cannot be held responsible for the quality of any images which the Client wishes to be scanned from printed materials.
Design Project Duration
Any indication given by Bold Move Studio of a design project’s duration is to be considered by the Client to be an estimation. Bold Move Studio 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 Bold Move Studio for the initial payment or by date confirmed in writing by Bold Move Studio.
Design Project Completion
Bold Move Studio considers the design project complete upon receipt of theClient’s signed Approval Form or/and Sign-off Email.
Rights of Access for Website Construction
The Client agrees to allow Bold Move Studio all necessary access to any usernames and passwords, as required, in order to complete a website project. The Client agrees to supply Bold Move Studio with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Website Design
Bold Move Studio requires that a layout is approved by the Client before coding of a site commences. Once the layout for the website is approved by the Client, coding will commence; any changes to navigation items, colours, structure or content that require changes to the design will incur an additional charge.
Once web design is complete, Bold Move Studio will provide the Client with the opportunity to review the resulting work. Bold Move Studio will make two sets 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 Bold Move Studio by email.
Bold Move Studio 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.
Hosting Websites
Bold Move Studio offers hosting services through an out-sourced virtual server. Bold Move Studio does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Bold Move Studio may request that Clients change the type of hosting account used if that account is deemed by Bold Move Studio to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting are due at the commencement of any period of service and are non-refundable.
Fees due to third party hosting organisations are the responsibility of the client and Bold Move Studio are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the Client / domain owner.
Domain Registration
Bold Move Studio cannot guarantee the availability of any domain name. Where Bold Move Studio is to register a domain name on behalf of a client it will endeavour to do so.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Bold Move Studio 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. Bold Move Studio implements the necessary SEO keywords or keyword combinations but recommends that Clients use a professional SEO company for optimum results. Bold Move Studio accepts no responsibility for other company services.
Design Credits
The Client agrees to allow Bold Move Studio to place a small credit on printed material exhibition displays, advertisements and/or a link to Bold Move Studio's 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 Bold Move Studio to place websites and other designs, along with a link to the Client’s site on Bold Move Studio’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Bold Move Studio 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 and online standards authorities. In the situation where any images and/or data that Bold Move Studio does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the Client is obliged to allow Bold Move Studio to remove the contravention without hindrance, or penalty. Bold Move Studio is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of services may be made initially by telephone contact, however, following this, Bold Move Studio will need formal notification in writing via email or to the company’s postal address. The client will then be invoiced for any work completed over and above the initial payment that will have been made at the time of contracting Bold Move Studio's services. The balance of monies due must be paid within 30 days.
Disclaimer
Bold Move Studio makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Bold Move Studio will not be held responsible for any and all damages resulting from products and/or services it supplies. Bold Move Studio 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 software or materials we recommend, we accept no responsibility for the performance or quality of such software or materials or any consequential loss arising from their failure. The Client agrees not to hold Bold Move Studio responsible for any such loss or damage. Any claim against Bold Move Studio shall be limited to the relevant fee(s) paid by the Client.
Bold Move Studio 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. Bold Move Studio will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.
General
Bold Move Studio reserves the right to change any rates and any of the Terms and Conditions of Service at any time and without prior notice. Amendments to the Terms and Conditions of Service are shown by date.
Acceptance of Terms and Conditions or Service and Pricing
The request for design and/or any other services offered by Bold Move Studio, by email, verbally or in writing, is deemed to be acceptance of these Terms and Conditions of Service, which are freely available on www.boldmovestudio.com. An agreement validated by the Client’s signature, constitutes acceptance of the pricing and agreement to comply fully with all the Terms and Conditions of Service and forms a Contract for Business between the signatory and Bold Move Studio.
Dated: March 2021