Below are Smart Lead Magnets standard terms and conditions. It is vital that you (The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with Smart Lead Magnets. Please also note that from time to time Smart Lead Magnets may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.
Commencement of Work
Agreement to work with, and submission of a design brief and payment of deposit to Smart Lead Magnets constitutes agreement to these terms and conditions.
Payment Terms
The Client agrees to pay a 100% of the package amount to commence any design project. Once research, resources allocated, or design work has commenced on a project, this payment is non-refundable. In the case of a change of mind by The Client this payment is non-refundable. Smart Lead Magnets endeavors to provide design services that meet and exceed a client's needs and expectations, but in the event of a "change of mind" (after a project has commenced) by The Client, 100% of the initial payment is forfeited.
Payments may be made by credit card (Visa, Mastercard) or Debit Card.
Design Samples
The Client also agrees to allow Smart Lead Magnets to showcase any/all work created in the course of a project as part of Smart Lead Magnets portfolio.
Source Files
Smart Lead Magnets will supply proofs and PDF files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or 'buy-out' charge.
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.
Copyrights and Trademarks
By supplying text, images and other data to Smart Lead Magnets for inclusion in the Client's pdf or other medium, 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.
Any artwork, images, or text supplied and/or designed by Smart Lead Magnets on behalf of the Client, will remain the property of Smart Lead Magnets and/or its suppliers unless otherwise agreed in writing. A license for use of the copyright material is granted to the Client solely for the project defined in the scope or request and not for any other purpose.
The Client may request in writing from Smart Lead Magnets, the necessary permission to use materials (for which Smart Lead Magnets holds the copyright) in forms other than for which it was originally supplied, and Smart Lead Magnets may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
By supplying images, text, or any other data to Smart Lead Magnets, The Client grants Smart Lead Magnets permission to use this material freely in the pursuit of the design.
Should Smart Lead Magnets, or The Client supply an image, text or any other file for use in a pdf or any other medium 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 Smart Lead Magnets to remove and/or replace the file.
Smart Lead Magnets reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, color palettes and other non-exclusive items.
The Client agrees to fully indemnify and hold Smart Lead Magnets 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.
Revisions
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 of $75/hr.
The Client also agrees that Smart Lead Magnets holds no responsibility for any amendments made by any third party, before or after a design is published.
Project Completion
Smart Lead Magnets considers the design project complete upon receipt of The Client's final signoff. While Smart Lead Magnets takes all care to avoid errors, Smart Lead Magnets accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to production. It is The Client's responsibility to proof read and approve all final copy before the production of the pdf. No refunds are given after the final approved content has been produced due oversights by The Client's proof reading.
Publication and/or release of work done by Smart Lead Magnets on behalf of the client, may not take place before final project approval has been received.
Resending Uploading Files
If a client loses or accidentally deletes the files delivered by Smart Lead Magnets at the completion of the project, Smart Lead Magnets can redeliver the file, for a fee of $50 per request. Providing the request from The Client has been made within 12 months from the date of completion.
Rights of Refusal
Smart Lead Magnets will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. Smart Lead Magnets also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Smart Lead Magnets does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, The Client is obliged to allow Smart Lead Magnets to remove the contravention without hindrance, or penalty. Smart Lead Magnets is to be held in no way responsible for any such data being included.
Force Majeure
Smart Lead Magnets shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Smart Lead Magnets. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
General Disclaimer
Smart Lead Magnets makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Smart Lead Magnets will not be held responsible for any and all damages resulting from products and/or services it supplies. Smart Lead Magnets is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While Smart Lead Magnets takes reasonable steps to investigate the materials it recommends, Smart Lead Magnets accepts no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The Client agrees not to hold Smart Lead Magnets responsible for any such loss or damage. Any claim against Smart Lead Magnets shall be limited to the relevant fee(s) paid by The Client.
Smart Lead Magnets 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. Smart Lead Magnets will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
All information contained in this website is intended for general information purposes only. The information is provided by Smart Lead Magnets. Smart Lead Magnets tries to keep the information up-to-date and ensure that it is correct, however, Smart Lead Magnets makes no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. Smart Lead Magnets will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. Smart Lead Magnets has no control over websites that are linked to on this website.
Those third-party websites are under the control of their owners, and Smart Lead Magnets will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.