TERMS AND CONDITIONS
§1. General provisions and definitions
1.1. OUT OF MIND
The design studio hereinafter referred to in ‘Terms and Conditions’ as ‘OUT OF MIND Graphic Design Studio’ / the ‘contractor’ provides graphic design services which is widely understood/regarded as computer graphics, printing and programming services within design and web design & web publishing.
1.2. Terms and conditions
This terms and conditions regulates graphic design and programming services scope and general rules and conditions of the contract. Terms and conditions shall be adhered to by both parties, the customer hereinafter referred to as ‘Ordering Party’ and ‘OUT OF MIND Graphic Design Studio’ – the contractor’.
Terms and Conditions regulates:
– conditions for use of services;
– conditions for executing cost estimates – conditions for placing an order;
– conditions of artwork approval;
– conditions of final approval;
– conditions of complaints.
Conditions regarding telephone and mail contact with an ‘OUT OF MIND Graphic Design Studio’ office
1.4. The Service
The service provided by ‘OUT OF MIND Graphic Design Studio’ on behalf of the ‘customer’.
1.5. Graphic Design Service
Design and execution of graphic design service as provided by ‘OUT OF MIND Graphic Design Studio’, and according to an order placed by the ‘customer’.
1.6. Web design Service
The programming service as provided by ‘OUT OF MIND Graphic Design Studio’, and according to an order placed by the ‘customer’.
1.7. Introductory Materials
Graphics, text, scans, logotype an other materials delivered by the ‘customer’ for the graphic design and programming services provided by ‘OUT OF MIND Graphic Design Studio’ on behalf of the ‘customer’.
1.8. Initial cost estimate
Initial cost estimate is carried out individually each time based on request made by the ‘customer’ and analysis of the provided information by counter party. Initial cost estimate is subject to change and shall not be final.
1.9. Final Cost (estimate)
Final cost shall be carried out should the need of any additional work arise within the design process, not prior included in the initial cost estimate.
1.10. The customer
A natural person that is not consumer (as defined according to art 22 k.c.), legal entity or agency or an organisational unit that is not a legal entity that the law gives a legal capacity, including body pursuing business activity in its own name within the meaning of the freedom of economic activity regulations, which concludes or concluded an agreement for the provision of the Service with ‘OUT OF MIND Graphic Design Studio’ also referred to as the Ordering Party.
1.11. The order
A declaration of willingness to conclude a contract for the provision of a service chosen by Ordering party.
1.12. The Contract
The contract for provision of the service concluded between the ‘ordering party’ and the ‘contractor’; including details and /or the direction and the scope of the design works, pricing and deadlines. The contract may or may not be concluded in written or electronic form. The contract and Terms and Conditions of the contract shall be considered/deemed accepted and the contract concluded should the ‘ordering party’ advance the payment to the the ‘contractor’.
1.13. The Contractor
The party of the contract providing the service – ‘OUT OF MIND Graphic Design Studio’.
1.14. The Deadline
The time of providing a final artwork for the order – counted from accepting the contract by the ‘ordering party’ and the representative of ‘OUT OF MIND Graphic Design Studio’, the balance of payment being accounted for and providing all information to execute the order (thus including introductory materials)
§2. Conditions for provision of services
2.1 Using services provided by ‘OUT OF MIND Graphic Design Studio’ equals full acceptance of the terms and conditions and rules of provision of graphic design and programming services and and their conditions within. The contract shall be deemed concluded and terms and conditions accepted should the ‘Ordering party’ advance the payment to the company’s bank account.
2.2 ‘OUT OF MIND Graphic Design Studio’ website describes detail offer of services provided and examples of artworks executed by our company. View the site by following the link: outofmind.pl
2.3 Enquiries, order placement and contact with Out of Mind studio is available via phone, working days between 08: 00- 16:00. You can also reach us over the email: firstname.lastname@example.org or via contact form on our website: outofmind.pl. Any enquiries placed via these channels will be replied to within 48hrs.
2.4 Our office reserves the right to change working hours and forms of contact available.
§3. Conditions for execution of the order
3.1. Initial cost estimate is carried out within 48 hrs of submitting information by the Ordering party via email, phone or contact form on your website.
3.2. In care of the quality of the services we provide each project is assessed individually.
3.3. In order to receive the estimate and make use of our services you need to accept your personal data processing required for the purpose of your order.
§4. Conditions of artwork approval
4.1. The ordering party is being presented with three concept designs within the agreed timeline, executed to the specifications concluded in the contract. The ordering party can accept one of three presented concepts. You can also, free of charge, submit three rounds of amendments, within the price.
4.2. Each subsequent amendments request is additionally billed.
4.3. OUT OF MIND reserves the right to use the final approved artwork in their portfolio.
§5. Conditions for placing orders
5.1. By placing an order the Ordering party accepts conditions of the offer and The terms and Conditions.
5.2. Once the contract is accepted, the ordering party is bounded to settle 25% advance payment by the given deadline. The Final payment is reduced by the advanced payment paid.
5.3. The ordering party is bound to supply all Introductory Materials – certifying their responsibility of usage for provision of ordered services provided by ‘Out of Mind’ Design Studio.
5.4. Execution deadline is being set along with the contract signing.
5.5. The order will be executed once all the introductory materials are supplied, contract confirmed in writing and the advance payment being accounted for.
5.6. Should the introductory materials supplied but the ordering party not be suitable to execute the contract properly, “Out of Mind’. Graphic Design Studio is obliged to inform the ordering party at first notice.
5.7. Should the execution of the Contract be impossible to fulfill for reasons beyond the Contractor’s control – due to failure, natural or other disasters, the Contractor reserves the right to terminate the Agreement and return the Advance.
5.8. In a special case at the justified request of the Contractor, the Ordering Party shall immediately provide additional materials necessary for the execution of the project.
5.9. If the Ordering party supplyers new Introductory Materials that make it necessary to develop the project again, the Contractor will set an appropriate deadline and amount of remuneration for additional activities performed, the Agreement will be amended or an annex will be prepared.
5.10. Any amendments to the contract may result in an increase of the final price cost.
§6. Rules for the receipt of services
6.1. The Contractor shall be remunerated for execution of the Service in accordance with the amount set in the contract or the Final Price Cost; if it was necessary to perform additional works, about which the client was notified and accepted them. The remuneration will be transferred to the bank account of ‘OUT OF MIND’ Graphic Design Studio.
6.2. The Contractor may not demand an increase in remuneration if he performed additional works without the Customer’s consent.
6.3. Completion of the work and its receipt will be confirmed by the preparation of a delivery and acceptance report in written or electronic form.
6.4. The Contractor shall provide the Customer with the work in the form of an electronic file or in a form determined by the parties in the Contract.
§7. Complaints rules
7.1. Should the Contractor fail to deliver the Order in the time manner specified in the Agreement, the Ordering Party shall set an additional deadline, after which he shall have the right to withdraw from the Contract with immediate effect.
7.2. Should the order execution according to the design proves to be pointless, or should the Ordering Party, for unknown reasons withdraw from the Services execution, is entitled to withdraw from this Agreement, however, is obliged to settle 25% of the advance payment being as a remuneration for the termination of the Agreement.
7.3. Should the drder not meet the requirements set out in the Agreement by the Ordering Party, it will set a new Time limit to remedy the revealed irregularities or errors.
§8. Transfer of copyrights
8.1. The works made by ‘OUT OF MIND’ Graphic Design Studio are subject to copyrights and related rights.
8.2. At the time of complete settlement of the Service, the Customer has the right to use the Work only for the purpose intended for it. The acquisition of property rights for the free disposal of the department must be made in a separate Agreement, under pain of nullity.
§9. Final Provisions
9.1 OUT OF MIND reserves the right to make changes to the Terms and Conditions of Rendering Graphics and Programming Services without giving reasons.
9.2 Matters not covered by these Regulations, the terms of the Agreement or the provisions of the Civil Code, the provisions of the Act of February 4, 1994 shall apply; on copyrights and related rights (Journal of Laws of 1994 No. 24 item 83, as amended).