The following Terms and Conditions of Service apply to all products and services provided by PBS Media, LLC (hereinafter referred to as PBS Media ) and in the event of any dispute are governed by the laws of New Jersey.
All work is carried out by PBS Media on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by PBS Media 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 PBS Media , unless specifically agreed in writing.
Project Acceptance
At the time of proposal, PBS Media will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the PBS Media website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to PBS Media.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the PBS Media Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Design Charges
Charges for design services to be provided by PBS Media will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
Source Files
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
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 or quotation acceptance.
Payment
The customer 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 customer will also be required to sign and return the Approval Form or signify approval by email to PBS Media .
Any invoice queries 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 late payment interest charge at the Investor’s Bank Base Rate plus 8% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card.
Payments made by check must be previously agreed and may be subject to an administration charge. Check should not be sent in regular mail unless sent recorded delivery.
Publication and/or release of work done by PBS Media on behalf of the client, may not take place before cleared funds have been received.
Returned checks will incur an additional fee of $50 per returned check. PBS Media reserves the right to consider an account to be in default in the event of a returned check.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. PBS Media shall be entitled to remove PBS 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, 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.
Customers whose accounts become default agree to pay all PBS Media‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to PBS Media 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 PBS Media on behalf of the customer, will remain the property of PBS Media and/or its suppliers unless otherwise agreed in writing. A transfer of artwork is granted to the customer at the completion of the project.
By supplying images, text, or any other data to PBS Media , the customer grants PBS Media permission to use this material freely in the pursuit of the design.
Should PBS Media , 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 PBS Media to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold PBS 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.
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 PBS Media holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, drawing, idea or code created for the customer by PBS 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 PBS 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.
PBS Media will not be held responsible for any and all damages resulting from such claims.
PBS 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 PBS Media responsible for any such loss or damage.
Any claim against PBS Media shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to PBS Media ’s definition of acceptable means of supplying data to the company.
Text is to be supplied to PBS Media in electronic format as Google Docs, standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by PBS Media via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and PBS Media will not be held responsible for any image quality which the client later deems to be unacceptable.
PBS 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
Design Project Duration
Any indication given by PBS Media of a design project’s duration is to be considered by the customer to be an estimation. PBS 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 PBS Media for the initial payment or by date confirmed in writing by PBS Media .
Rights of Refusal
PBS 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. PBS Media also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that PBS Media does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow PBS Media to remove the contravention without hindrance, or penalty. PBS Media is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, PBS Media will need formal notification in writing to the company’s postal address. 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 of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by PBS Media within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
PBS Media makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. PBS Media will not be held responsible for any and all damages resulting from products and/or services it supplies. PBS 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 PBS Media responsible for any such loss or damage. Any claim against PBS Media shall be limited to the relevant fee(s) paid by the customer.
PBS 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. PBS Media will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
PBS 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. PBS Media recommend 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.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. PBS Media reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by PBS Media, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.glazierdesign.com.
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and PBS Media .