Terms of Trade

Estimates, Specifications & Client’s Instructions

The Estimate/Specification shall be deemed to interpret the client’s written instructions. Clients are accordingly advised to exercise due care and attention when checking estimates or specifications before work proceeds.

All Estimates/Specifications shall be based on written and/or graphical specifications supplied by the client and in agreement with Enlighten Designs at the time of quoting. Any variation to these specifications may result in additional charges.

The Estimate / Specification shall lapse unless accepted or further consultation is pursued within 30 days from the day given unless otherwise stated in an Estimate or Specification.

Work will be developed using the ‘latest’ version of a specification or estimate that has been signed off by the client.

Enlighten Designs shall not be held liable for errors and omissions arising from an oversight or a misinterpretation of a client's verbal instructions.

Enlighten Designs reserves the right to review and/or alter pricing for Internet services at any time.

Payment

If payment is not made within the current credit terms, Enlighten reserves the right to charge the client interest. The client shall then be liable to pay in addition to all outstanding amounts a service charge of 2.5% compound per 30 days until full payment is recived.

In ALL cases payment upon the receipt of invoice is expected within seven days.

If a client’s debt is passed onto a third party, the client will incur ALL associated costs.

Design and Development work undertaken by Enlighten is invoiced monthly with payments due on the 20th of the month following invoice date.

Enlighten Designs Work

Sketches, dummies, Beta-copies designs and other work submitted by Enlighten Designs Ltd. on a speculative basis shall remain the property of Enlighten Designs. No use of sketches, dummies, beta-copies design and other work or any idea obtained from such work shall be used without the express written agreement from Enlighten Designs.

On receipt of payment all work commissioned by a client belongs to the client unless otherwise stipulated. Ownership for this document is defined as the unlimited use of a product or service or as outlined by any licensing agreements between Enlighten Designs Ltd and the client, however all graphics, sounds, animations, digital video, coding, programming and the like developed for the client by Enlighten Designs, remains the intellectual property of Enlighten Designs Ltd and therefore cannot be sold, modified, edited or adapted in any way unless written confirmation has been received by the client from the Director of  Enlighten Designs Ltd .

Client’s Property & Storage

Unless otherwise agreed in writing the client shall have no right or title to material stored by Enlighten Designs on disc, tape CD-ROM or any other digital storage media unless an agreement has been formalised in writing to the client by the Director of Enlighten Designs. If Enlighten Designs agrees to duplicate or transfer stored digital material on disk, tape, CD ROM or any other form of digital storage media to the client, Enlighten Designs has the right to charge for that service. Discs, tapes, CD-ROM, and any form of digital storage supplied by the client to Enlighten Designs shall remain the property of the client. Unless otherwise instructed in writing, Enlighten Designs shall assume that these are copies of the original.

Client's property and all property supplied to Enlighten Designs by or on behalf of, the client shall be held at the client's risk. Every care will be taken to secure goods where the client supplies the materials or equipment.

If any change or correction is necessary in order to supply properly finished work, the additional work shall be at the client's expense. Enlighten Designs shall not be held to accept responsibility for sub-standard work caused by defects or unsuitability of materials or equipment that has been supplied by the client. 

Enlighten Designs will attempt to guide and consult the client at all times.

Material and equipment in this document refers to physical or digital information in any format, and any other items or assets, for example hardware, digital cameras, printers, t-shirts etc.

Holding Development to Client’s Instructions

Authoring, development or design work of any kind held awaiting a client's instructions shall be considered a breach of contract after 7 days that the client fails to advise Enlighten Designs in writing. Enlighten Designs may at any time after a period of seven days after instruction to hold work, without any prior notice demand payment for any monies owing to cover work already carried out and/or materials used in that work.

Suspended Work on Client’s Instructions

The suspension of any work on the client's request will entitle Enlighten Designs to payment in full for all work and/or services in progress at the time of suspension and for any work already completed that has monies outstanding. Enlighten Designs may refuse the quotation for the uncompleted portion of the contract before proceeding if work is suspended for more than 30 days.

Cancellation of Services or Development

Orders or services shall not be cancelled except upon the terms, which compensate Enlighten Designs for all expenses incurred and otherwise protect Enlighten Designs against loss.

Enlighten Designs prefer termination of all or any services provided to the client may be done with one month’s written notice.

Copyright, Intellectual Property and Confidentiality

All graphics, sounds, animations, digital video, coding, programming and the like developed for the client by Enlighten Designs, remains the intellectual property of Enlighten Designs and therefore cannot be sold, modified, edited or adapted in any way unless written agreement has been received by the client from Enlighten Designs Ltd.

Enlighten Designs undertakes to protect the clients’ interests of copyright in respect to logos, photos, videos, client’s own design work by the use of: ·Digital Watermarking in the case of graphics and/or animations.

· Copyright notices at the header and/or footer and written information if applicable.

· Encryption of copyright notices into digital video footage and sounds.

Enlighten Designs reserves the right to display the Enlighten Designs logo of or associated branding logos within the finished product in the following manner:

The Enlighten Designs name will also be displayed at the bottom of every page within the site copyright. If a site is powered by Vadmin technologies, this will also be displayed. The copyright will be laid as is shown below:

The Name of the website
The Year(s) of the copyright
The Site Technology used
The words "All Rights Reserved", "All rights reserved" or "all rights reserved"
An email link to the Webmaster, (webmaster@enlighten.co.nz)

The General layout of the copyright text is such that the text is a small size and centered at the bottom of the page, in the order mentioned above:

Copyright © 2002 by El Bãno.com
Designed by Enlighten, Powered by Vadmin
All rights reserved
Webmaster

In the case of a CD-ROM publication an animated Enlighten Designs logo or associated brand logo is displayed for no longer than 30 seconds upon the initial start-up of the CD-ROM application. This logo or associated material may not be any larger than 70% of the entire display size.

In the case of Flash presentations or games, these will be introduced with the Enlighten Designs loader with the Enlighten copyright tags at the bottom of every associated page.

In the case of product packaging and associated printed material required in CD-ROM cover development such as a CD Jewell Case insert or CD sleeve. Enlighten Designs may display the logo or associated branding logo of Enlighten Designs along with contact details at the bottom right hand corner of the publication The size of this logo and associated information will be limited to 5% of the total printable area.

In the case of a screen-printed CD-ROM face, Enlighten Designs will be permitted to use the Enlighten Designs Ltd. logo only as part of the final artwork. The size of the logo may only be up to 2% of the total surface area of the CD-ROM.

In all cases where the use of Macromedia software products have been used to develop applications, the logos of Macromedia inc must always appear within the finished electronic publication at least once. When printed matter is used such as the production of a CD Jewel Case insert or CD sleeve, the Macromedia logo must also appear at least once. The size of this logo may be changed in accordance with the terms and conditions of Macromedia Inc. The color and general appearance shall not be altered in any way.

Enlighten Designs reserves the right to disclose to potential and existing clients of Enlighten Designs finished work of the client for marketing purposes unless otherwise specified to Enlighten Designs by the client in writing. Enlighten Designs agree to protect the client’s confidentiality and to ensure the client’s business is protected from competitive or otherwise influences when disclosing any material produced on behalf of or for the client to prospective or existing customers of Enlighten Designs.

Intellectual property of any form developed for the client by Enlighten Designs not excluding coding, graphics, sound, music, animation or text, may be purchased by the client from Enlighten Designs at anytime in order to secure sole and exclusive rights to this material providing on intention to secure right is made in writing prior to any fee being disclosed by Enlighten Designs to the client.

Claims for Remedy

Any complaint shall be made in writing within 21 days of receipt of goods or services in order to remedy faults or complaints. Any disputes pertaining to invoices received after 21 days will be null and void.

Enlighten Designs shall not be responsible for any delay, default loss or damage due to any industrial disputes, accidents, Acts of God, equipment failure or mischievous damage or other causes beyond Enlighten Designs control.

Liability

Enlighten Designs shall not be liable for any indirect of consequential loss or for the loss to a client arising from third party claims occasioned by errors in carrying out the work or by delay in delivery or by failure in equipment.

Technology

Enlighten Designs only support technologies for browsers and computer settings that were current at the time of development. We accept no responsibility if technology changes and a product or service is no longer accessible.

Illegal or Libellous Matter

Enlighten Designs shall be indemnified by the client in respect to any claims, costs end/or expenses arising from any matter, which is illegal, libelous in matter or in breach of the Fair Trading Act 1986 or any other statute or any infringement of copyright, patent or design.

Disconnection and Removal of Material from Internet Server

Enlighten Designs reserves the right at all times to remove without notice an individual clients material from it’s Internet Server due to material, which is of an illegal and/or libelous nature.

Enlighten Designs/Enlighten Hosting reserves the right at all times to remove without notice an individual clients material from it's Internet Server for failure to pay fees owed in accordance with Enlighten Designs and or Enlighten Hosting’s payment terms.  Administration charges of 20% will be applicable if an account reaches 60 days overdue.

Enlighten Hosting also has an extensive Terms of Trade that covers all clients who are provided hosting or mail services by Enlighten Hosting. All hosting or mail services offered by Enlighten Designs are on behalf of Enlighten Hosting.

Suitability

No guarantee shall be given or implied that the goods or services supplied to the client's instructions or designed by Enlighten Designs to those instructions are suitable for specific market requirements unless those are documented and/or from part of the original quotation.

Consultation

Enlighten Designs agrees to ensure full consultation with the client is maintained throughout the development process. Enlighten Designs will advise the client in the event of any new advantages or technology that can be used in favor of the client's needs.

Partnership

Microsoft Certified Partnership does not create a legal partnership between Enlighten Design and Microsoft.