The following Terms and Conditions of Service apply to all products and services provided by Aloud Studios NYC, Inc.,
All work is carried out by Aloud Studios NYC, Inc., on the understanding that the client has agreed to Aloud Studios NYC, Inc., terms and conditions.
Copyright is retained by Aloud Studios NYC, Inc., 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 Aloud Studios NYC, Inc., as fulfilling the contract. All other designs remain the property of Aloud Studios NYC, Inc. unless agreed in writing that this arrangement has been changed.
Aloud Studios NYC, Inc., will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Aloud Studios NYC, Inc., website. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Aloud Studios NYC, Inc., Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Aloud Studios NYC, Inc., terms and conditions. No work on a project will commence until either document has been received by Aloud Studios NYC, Inc.,
Charges for design services to be provided by Aloud Studios NYC, Inc., will be set out in the written estimate or quotation 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. Work on the project will not commence until Aloud Studios NYC, Inc., has received this amount.
Charges for Other Service
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 customer 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 customer will also be required to sign and submit the Approval Form to Aloud Studios NYC, Inc., Accounts which remain outstanding for 7 days after the date of invoice, will incur an extra charge of 10% per month of the outstanding amount.
Payments may be made by cash, check, Major Credit Card, or Money Order and/or previously agreed on electronic funds transfer.
Publication and/or release of work done by Aloud Studios NYC, Inc., on behalf of the client, may not take place before cleared funds have been received.
Returned checks will incur an additional fee of $50 per returned check. Aloud Studios NYC, Inc., reserves the right to consider an account to be in default in the event of a returned check.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. Aloud Studios NYC, Inc., shall be considered entitled to remove Aloud Studios NYC, Inc., 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, 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 customer of their obligation to pay the due amount. Customers whose accounts become default agree to pay Aloud Studios NYC, Inc., 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 Aloud Studios NYC, Inc., for inclusion in the customer’s business cards, flyers, pamphlets, website or another 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.
Any artwork, images, or text supplied and/or designed by Aloud Studios NYC, Inc., on behalf of the customer, will remain the property of Aloud Studios NYC, Inc., and/or it’s suppliers.
The customer may request in writing from Aloud Studios NYC, Inc., the necessary permission to use materials (for which Aloud Studios NYC, Inc., holds the copyright) in forms other than for which it was originally supplied, and Aloud Studios NYC, Inc., 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 Aloud Studios NYC, Inc., the customer grants Aloud Studios NYC, Inc., permission to use this material freely in the pursuit of the design.
Should Aloud Studios NYC, Inc., or the customer 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 customer will agree to allow Aloud Studios NYC, Inc., to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Aloud Studios NYC, Inc., 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.
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 Aloud Studios NYC, Inc., 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 customer by Aloud Studios NYC, Inc., 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 Aloud Studios NYC, Inc., and any of its relevant sub-contractors.
All design work- where there is a risk that another party makes 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. Aloud Studios NYC, Inc., will not be held responsible for any and all damages resulting from such claims. Aloud Studios NYC, Inc., is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Aloud Studios NYC, Inc., responsible for any such loss or damage. Any claim against Aloud Studios NYC, Inc., shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Aloud Studios NYC, Inc.’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Aloud Studios NYC, Inc., in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, USB drives or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Aloud Studios NYC, Inc., via CD-ROM, USB drives or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Aloud Studios NYC, Inc., will not be held responsible for any image quality which the client later deems to be unacceptable. Aloud Studios NYC, Inc., 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 Aloud Studios NYC, Inc., of a design project’s duration is to be considered by the customer to be an estimation. Aloud Studios NYC, Inc., 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 Aloud Studios NYC, Inc., for the initial payment or by date confirmed in writing by Aloud Studios NYC, Inc.,
Rights of Access for Website Construction
The client agrees to allow Aloud Studios NYC, Inc., 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 Aloud Studios NYC, Inc., 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 Aloud Studios NYC, Inc., 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
Aloud Studios NYC, Inc., considers the design project complete upon receipt of the customer’s Review and signed Approval form. Other services such as printing, display panel production, film work, website uploading, publishing etc., either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Once web design is complete, Aloud Studios NYC, Inc., will provide the customer with the opportunity to review the resulting work. Aloud Studios NYC, Inc., 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 the placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to Aloud Studios NYC, Inc., by e-mail or telephone call.
Aloud Studios NYC, Inc., 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.
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.
Aloud Studios NYC, Inc. agrees to host the site for the Client for the first year for a fee. If the client cannot provide hosting for themselves. The storage space provided to individual clients shall be 1GB with a monthly bandwidth of 10GB. If the Client’s website requires more space and bandwidth, the Client will be informed by Aloud Studios NYC, Inc. and alternative suggestions will be given to the client.
Payment for the hosting charges after the completion of the first year will be the responsibility of the client. Aloud Studios NYC, Inc. will inform the client in time for the renewal of hosting. If the client wishes to transfer the hosting to another party after the completion of this period, an administrative charge of $200.00 will be incurred.
The Client is free to host their website with any other hosting service provider right from the launch of the website, if the client does not wish to use our hosting service and in such cases the client also agrees to pay the domain name transfer charges, as applicable, if the domain is registered by Aloud Studios NYC, Inc. Otherwise, the client agrees to register their own domain name.
Aloud Studios NYC, Inc. uses its hosting service for all our clients and we reserve the right to do maintenance at select intervals at our own discretion without informing the Client but agree to cause very little or no disruption to hosting services.
Aloud Studios NYC, Inc. shall provide 95.00% uptime to our clients in the normal circumstances, but we do not guarantee it and shall not be responsible for any unprecedented problems attributed to acts of God resulting in server failure.
The client agrees to provide sufficient content for the site for the design project to be completed in time. If the client fails to provide sufficient content for the website and the designing process is incomplete, Aloud Studios NYC, Inc. will maintain all details provided by the client in our files for a period of up to 12 months, after which it will be deleted from our systems.
Aloud Studios NYC, Inc. shall do domain name registration to our registered address, even though the client is the owner of the domain. We will endeavor to change or transfer such details upon Client’s request.
Aloud Studios NYC, Inc., cannot guarantee the availability of any domain name.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Aloud Studios NYC, Inc., 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 customer agrees to allow Aloud Studios NYC, Inc., to place a small credit on printed material exhibition displays, advertisements and/or a link to Aloud Studios NYC, Inc., 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 Aloud Studios NYC, Inc., to place websites and other designs, along with a link to the client’s site on Aloud Studios NYC, Inc., own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
Aloud Studios NYC, Inc., 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. Aloud Studios NYC, Inc., also reserves the right to refuse to include submitted material without giving a reason. Any images and/or data that Aloud Studios NYC, Inc., does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Aloud Studios NYC, Inc., to remove the contravention without hindrance, or penalty. Aloud Studios NYC, Inc., 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, Aloud Studios NYC, Inc., 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 Aloud Studios NYC, Inc., within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Aloud Studios NYC, Inc., makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Aloud Studios NYC, Inc., will not be held responsible for any and all damages resulting from products and/or services it supplies. Aloud Studios NYC, Inc., 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 customer agrees not to hold Aloud Studios NYC, Inc., responsible for any such loss or damage. Any claim against Aloud Studios NYC, Inc., shall be limited to the relevant fee(s) paid by the customer.
Aloud Studios NYC, Inc., 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. Aloud Studios NYC, Inc., will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Aloud Studios NYC, Inc., 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. Aloud Studios NYC, Inc., recommends 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. Aloud Studios NYC, Inc., 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 and Conditions
The placement of an order for design and/or any other services offered by Aloud Studios NYC, Inc., and validated by the customer’s signature on the estimate or quotation form or verbal 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 Aloud Studios NYC, Inc.
Aloud Studios NYC, Inc. reserves the right to change any of the clauses in this Terms & Conditions at their own discretion without informing the client.