AdTonic Terms & Conditions

Commencement of Work

Upon payment, the client agrees to the quoted price & any proposals. Payment also requires the client to have understood the terms & conditions.

Payment & Fees for service

It is agreed that the fee for service shall be the quote provided. A deposit of 50% of the total project cost will be invoiced at the commencement of the project, a further 50% will be invoiced upon final release of work - payment must be made in full before final files are sent.

AdTonic does not issue refunds under any circumstances.

Copyrights and Trademarks

By supplying text, images and other data to AdTonic for inclusion in the customer’s website or other 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 AdTonic on behalf of the customer, will remain the property of AdTonic and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.

Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not AdTonic. This includes but is not limited to.; images, web hosting, domain registration fees & other subscription fees.

By supplying images, text, or any other data to AdTonic, the customer grants AdTonic permission to use this material freely in the pursuit of the design.

Should AdTonic, 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 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 AdTonic to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold AdTonic 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.


Liability

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.

AdTonic will not be held responsible for any and all damages resulting from such claims.
AdTonic is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold AdTonic responsible for any such loss or damage.

Any claim against AdTonic shall be limited to the relevant fee(s) paid by the customer.

It is agreed that all work and materials provided for The Client by AdTonic will be free and clear of all liens and encumbrances and may be lawfully used by The Client without infringing upon the rights of others. AdTonic will not be liable for any losses or damages that may be caused by or related to work outlined in this proposal.

Confidentiality

The quote/proposal is strictly confidential and must not be copied, forwarded or shown to anyone; in part or in whole; that is deemed by AdTonic to be a competitor of AdTonic. This generally includes other graphic design studios, advertising agencies, creative firms, freelance designers, web developers and printing companies that offer design services.

 

Graphic Design

 

All graphic design work completed by AdTonic can be used as part of our portfolio work.

 

When a design is finalized, any further changes made will be billed directly to the client. All graphic design is not required to be started until at least a 50% deposit has been made. Deposits are non-refundable. In the event the client is unhappy with the design, the remainder of the invoice does not need to be paid and no files will be released.

 

It is the client's responsibility to store and save the files after release. AdTonic will provide design files in formats as discussed. Generally this will include .ai files, .png and .jpg files. Other file types can be included by discussion.

 

The customer agrees to fully indemnify and hold AdToic 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.

Alterations

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 AdTonic holds no responsibility for any amendments made by any third party, before or after a design is published.

Web Design

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

AdTonic do not host websites ourselves. Any hosting done for websites remains the responsibility of the host. AdTonic accepts no responsibility for any hosting related issues.

AdTonic requires the client to have a full backup of their existing site prior to any work commencing. AdTonic takes care to keep data safe but does not accept responsibility in the event of damaged or lost data, websites or designs.

AdTonic has the right to use any design or web work we do for you in our marketing material.

It is the client’s responsibility to keep backups of all site files. Any site updates, back ups or changes are not the responsibility of AdTonic.

Digital Marketing & Social Media Management

AdTonic makes no guarantees for results or conversions from any form of marketing campaigns. AdTonic makes no warranty that a search engine marketing campaign will lead to any clicks to your business or other information.

AdTonic makes no warranty that a search engine marketing campaign will lead to consistent exposure of your business or your key words during your subscription period (including but not limited to, the position your advertisement is placed on a search result page or the frequency and time of day that your advertisement is displayed). All such information on the user-amended sites is provided by the users.

AdTonic does not endorse, verify or otherwise certify the contents of any such information. Users are solely responsible for the contents of their websites and their AdWords advertisement content and may be held legally liable or accountable for the contents of their websites (including without limitation in connection with infringement of intellectual property rights of any other party). If the client chooses to provide any login details or passwords, the client does so at their own risk.

AdTonic does not accept responsibility for any breach or loss of data.

All ad spend budget is to be paid by the client directly, management fees do not include ad spend on any platforms. The ad spend budget is to be checked by the client. AdTonic does not take responsibility for managing budget.

Disclaimer

AdTonic makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. AdTonic will not be held responsible for any and all damages resulting from products and/or services it supplies.

AdTonic 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 AdTonic responsible for any such loss or damage. Any claim against AdTonic shall be limited to the relevant fee(s) paid by the customer.

AdTonic 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. AdTonic will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by AdTonic, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions