The following Terms of Service apply to all products and services provided by Nuflux Media.
All work is carried out by Nuflux Media on the understanding that the Client has agreed to our Terms of Service.
At the time of proposal, Nuflux Media will provide the customer with an estimate or quote by email. These Terms of Service can be read at any time on the Nuflux Media website.
A deposit is required for one-off projects. Once the deposit is received the Client has demonstrated acceptance of the estimated outline of work, estimated price, and the Terms of Service.
The fixed costs of one-off projects are normally invoiced in three parts:
• Deposit (33%)
• After delivery of design samples, concepts, etc. (33%)
• Before or after approved deliverables have been sent to Client (33%)
Invoices are Net 15 terms.
Work such as but not limited to consulting, requests outside of the project scope, design changes, are billed at Nuflux Media’s standard hourly rate. The fees associated with these services are added to the fixed costs of the project. Moreover, these costs may be added to invoices or billed for separately.
Payments may be made through Interac e-Transfer or online via credit card.
Ongoing work such as digital marketing, website maintenance, web hosting, and web hosting management have a monthly fee. Recurring invoices are delivered monthly or quarterly, depending on the total amount.
If the website maintenance retainer is cancelled the Client will no longer receive ongoing website support and will lose the ability to ask Nuflux Media to make changes to their website. Upon cancellation, the Client will be responsible for tasks such as but not limited to making changes to their website, troubleshooting and fixing issues, keeping software current, backing up their website data, and maintaining website security.
If the web hosting management service is cancelled the Client will need to either handle these duties in-house or hire another vendor.
If the Client cancels Nuflux Media’s web hosting service they will receive their website’s files and their data will be removed from Nuflux Media’s server. All emails associated with the website will be deleted and they will receive a backup file of their email data that exists on the server, if applicable. Moving the website to a different server is the Client’s responsibility.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Nuflux Media reserves the right to pause work on projects until payment is received. Nuflux Media shall be entitled to remove Nuflux Media‘s 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, web hosting, domain registration, 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.
After the Client is shown the first draft of a design, layout, etc., they’re given the opportunity to provide feedback and suggest changes. Additional rounds of changes are billed at Nuflux Media’s standard hourly rate.
Design changes are to be put in writing and emailed to Nuflux Media, and never to be described over the phone. All feedback and changes are considered, but not all of it can be or will be implemented. Only changes that are deemed reasonable and/or practical by the designer will be executed. Typically, the Client will be told why a change can’t be made but this information is not guaranteed.
Additional services requested during the project that are over and above the estimated time or out of scope will be billed at Nuflux Media’s standard hourly rate. Nuflux Media reserves the right to decline requests that increase the scope of the project.
A key contact person is to be designated by the Client. This person must be either the key decision-maker or a decision-maker. Nuflux Media may need to contact employees on the Client side to gather digital assets, information, etc. However, general communication should come from the key contact person.
Once Nuflux Media has been assigned a project, and a deposit or any invoices have been paid to commence its services, the Client cannot delegate parts of the project in-house or use other vendors to work on parts of the project assigned to Nuflux Media without the written permission of Nuflux Media.
Nuflux Media will supply the Client with proofs, print-ready PDFs, graphics, webpage code, video, audio, or other files as detailed in the job scope or request.
Charges for work does not cover the release of our copyright source files, including but not restricted to indd, psd, AI, png, fcpx, logicx or other source files or raw code; if the Client requires these files for transfer to an in-house or another designer, illustrator, video editor, audio engineer, or creative professional, they will be subject to a separate quotation or ‘buy-out’ charge. The release of source files or working files to the Client is not guaranteed.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us. All other designs remain the property of Nuflux Media, unless specifically agreed in writing.
By supplying text, images and other data to Nuflux Media for inclusion in the customer’s digital or print marketing materials or publications, 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 Nuflux Media on behalf of the customer, will remain the property of Nuflux Media and/or its suppliers.
The customer may request in writing permission to use materials (for which Nuflux Media holds the copyright) in forms other than for which it was originally supplied. Nuflux Media 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 Nuflux Media, the customer grants Nuflux Media permission to use this material freely in the pursuit of the design.
Should Nuflux Media, or the customer supply an image, text, audio clip or any other file for use in websites, videos, digital marketing, print publications 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 Nuflux Media to remove and/or replace the file.
The customer agrees to fully indemnify and hold Nuflux Media 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 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 customer also agrees that Nuflux Media holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, writing, illustration, video, idea or code created for the customer by Nuflux Media, 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 Nuflux Media 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.
Nuflux Media will not be held responsible for any and all damages resulting from such claims.
Nuflux Media is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Nuflux Media responsible for any such loss or damage.
Any claim against Nuflux Media shall be limited to the relevant fee(s) paid by the customer.
The Client agrees to Nuflux Media’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Nuflux Media in electronic format as standard text (.txt), MS Word (.docx) or via e-mail, online file transfer service, or shared cloud storage.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Nuflux Media via e-mail, online file transfer service, or cloud storage. Images must be of a quality suitable for use without any subsequent image processing, and Nuflux Media will not be held responsible for any image quality which the Client later deems to be unacceptable.
Nuflux Media 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, colour correction and alteration of images.
The customer agrees to supply Nuflux Media with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Any indication given by Nuflux Media of a design project’s duration is to be considered by the customer to be an estimation. Nuflux Media 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 Nuflux Media for the initial payment or by date confirmed in writing by Nuflux Media.
Nuflux Media require that a template is approved by the customer before coding of a website begins. Once the template(s) for the website are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, Nuflux Media will provide the customer with the opportunity to review the resulting work. Nuflux Media will make one set of minor changes at no extra cost within 21 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 Nuflux Media by e-mail.
Nuflux Media will consider that the Client has accepted the original draft, if no notification of changes is received in writing from the customer, within 21 days of the start of the review period.
The Client agrees to allow Nuflux Media 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 Nuflux Media access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms of Service.
Nuflux Media offers limited hosting services through an outsourced virtual server. Nuflux Media does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Nuflux Media may request that Clients change the type of hosting account used if that account is deemed by Nuflux Media to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Nuflux Media’s virtual server 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 Nuflux Media is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
The customer agrees to allow Nuflux Media to place a small credit on printed material exhibition displays, advertisements and/or a link to Nuflux Media’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 Nuflux Media to place websites and other designs, along with a link to the Client’s site on Nuflux Media’s own website for demonstration purposes and to use any designs in its own marketing and publicity.
Nuflux Media 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. Nuflux Media also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Nuflux Media does include in all good faith, and subsequently discovers is in contravention to such Terms of Service, the customer is obliged to allow Nuflux Media to remove the contravention without hindrance, or penalty. Nuflux Media is to be held in no way responsible for any such data being included.
A project may be cancelled in writing if either the Client or Nuflux Media commits a breach in Terms of Service and fails to remedy the breach within 14 days of receiving written notification from the other party specifying the breach and requiring its remedy.
The project may be cancelled by any reason by either the Client or Nuflux Media, if a written notification is provided within 14 days. These 14 days will be used by Nuflux Media to stop progress on the project and to close the project.
In the event of cancellation, the Client will be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering, along with all expenses incurred on the project. The balance of monies due must be paid to Nuflux Media within 30 days.
Nuflux Media makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Nuflux Media will not be held responsible for any and all damages resulting from products and/or services it supplies. Nuflux Media 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 Nuflux Media responsible for any such loss or damage. Any claim against Nuflux Media shall be limited to the relevant fee(s) paid to Nuflux Media by the customer.
Nuflux Media 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. Nuflux Media will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.
Nuflux Media 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. Nuflux Media 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 of Service supersede any previous Terms of Service distributed in any form. Nuflux Media reserves the right to change any rates and any of the Terms of Service at any time and without prior notice.
The placement of an order for design and/or any other services offered by Nuflux Media, by email, verbally or in writing, is deemed to be acceptance of these Terms of Service, which are freely available at www.nuflux.net.
Once the deposit or any other payments are received by Nuflux Media the Client has demonstrated acceptance of the estimate or quotation and agree to comply fully with all the Terms of Service.