Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by Halo Creative Services. All work is carried out by Halo Creative Services on the understanding that the client has agreed to the terms and conditions. Copyright is retained by Halo Creative Services 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 designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Halo Creative Services, unless specifically agreed in writing.
At the time of proposal, Halo Creative Services will provide the client with a written contract by email. These Terms and Conditions can be read at any time on the Halo Creative Services website. A copy of the written contract is to be signed and dated by the client to indicate acceptance and should be returned to Halo Creative Services. For the avoidance of doubt, these Terms & Conditions are what govern the job, not any conditions made by the client.
Charges for design services to be provided by Halo Creative Services will be set out in the written contract that is provided to the client. At the time of the client’s signed acceptance of this contract, indicating acceptance of the Terms & Conditions, a non-refundable payment of 100% of the quoted fee will become immediately due if the total is less than $100. In the event that the client's total is more than $100, then a non-refundable payment of 50% of the quoted fee will be due immediately and the remaining 50% will be due upon completion of the project.
Unless agreed otherwise with the Client, all design services require an advance payment (as outlined in the above paragraph) before the work commences or is supplied to the Client for review. If there is a remaining balance of the project quotation total, it will be due upon completion of the work prior to the designer releasing it to the client.
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 estimate.
The client will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the client will also be required to sign and return the Approval Form or signify approval by email to Halo Creative Services. Any questions regarding the invoice must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur a late payment fee of $25 in addition to the outstanding amount.
Payments may be made by online transfer, credit card or Debit Card.
Publication and/or release of work done by Halo Creative Services on behalf of the client, may not take place before cleared funds have been received.
Copyrights and Trademarks
By supplying text, images and other data to Halo Creative Services for inclusion in the client’s website or other graphic design, 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.
By supplying images, text, or any other data to Halo Creative Services, the client grants Halo Creative Services permission to use this material freely in the pursuit of the design. Should Halo Creative Services, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other design 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 Halo Creative Services to remove and/or replace the file. The client agrees to fully hold Halo Creative Services 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.
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 Halo Creative Services 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 client by Halo Creative Services, 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 Halo Creative Services 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.
Halo Creative Services will not be held responsible for any and all damages resulting from such claims.
Halo Creative Services is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Halo Creative Services responsible for any such loss or damage.
Any claim against Halo Creative Services shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Halo Creative Services’ definition of acceptable means of supplying data to the company.
Text is to be supplied to Halo Creative Services in electronic format as standard text (.txt), MS Word (.docx) or Portable Document Format (.pdf) via e-mail or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Halo Creative Services via e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Halo Creative Services will not be held responsible for any image quality which the client later deems to be unacceptable. .
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, color correction and alteration of images.
Design Project Duration
Any indication given by Halo Creative Services of a design project’s duration is to be considered by the customer to be an estimation. Halo Creative Services 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 Halo Creative Services and materials for design have been received or by date confirmed in writing by Halo Creative Services.
Design Project Completion
Halo Creative Services considers the design project complete upon receipt of the client's signed Approval form or signoff email. Other services such as printing, display panel production, filmwork, 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, Halo Creative Services will provide the client with the opportunity to review the resulting work. Halo Creative Services 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 placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be sent to Halo Creative Services by e-mail.
Halo Creative Services 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.
Fees due to third party hosting organizations are the responsibility of the client and Halo Creative Services is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the client / domain owner.
Halo Creative Services cannot guarantee the availability of any domain name. Where Halo Creative Services is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Halo Creative Services 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. Halo Creative Services recommends that clients use a professional SEO company and is happy to provide details of such companies, but accept no responsibility for their services.
The client agrees to allow Halo Creative Services to place a link to Halo Creative Services' 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 Halo Creative Services to place websites and other designs, along with a link to the client’s site on Halo Creative Services' own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Geri Alicea 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. Halo Creative Services also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Halo Creative Services does include in all good faith, and subsequently discovers is in controversy to such Terms and Conditions, the client is obliged to allow Halo Creative Services to remove the material without hindrance, or penalty. Halo Creative Services is to be held in no way responsible for any such data being included.
Cancellation of orders may be made in writing by e-mail to Halo Creative Services. 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 due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Halo Creative Services within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Halo Creative Services makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Halo Creative Services will not be held responsible for any and all damages resulting from products and/or services it supplies. Halo Creative Services is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, for 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 client agrees not to hold Halo Creative Services responsible for any such loss or damage. Any claim against Halo Creative Services shall be limited to the relevant fee(s) paid by the client.
Halo Creative Services 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. Halo Creative Services will not knowingly perform any actions to contradict these and the client also agrees to be so bound.
Acceptance of Terms and Conditions and Contract
The placement of an order for design and/or any other services offered by Halo Creative Services, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.halocreativeservices.com.
An estimate validated by the client's signature on the contract, or by email, constitutes acceptance of the contract and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the client and Halo Creative Services.
This document was last updated 11/1/2020