Acceptance of the project’s quote online via TUX Client Dashboard, email and/or payment of deposit will be taken as acceptance of the following terms and conditions.
Please ensure you have read and fully understand what is written below. Please contact us at hello@tux.solutions or through the TUX Client Dashboard if anything is not clear to you.
A. Pricing
- All pricing provided exclude VAT or local taxes where applicable and are valid for thirty days from the date of the quotation.
- The pricing provided when quoting are guide-based prices upon what we anticipate the creative, time and production requirements to be based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this well in advance. Charges are unlikely to deviate significantly from those quoted unless requirements change, however please allow a 10% contingency/risk on price when considering your budget to allow for potential unanticipated requirements, additional development or ‘scope creep’.
- Invoices that are not paid within 15 days will incur late fees. Accounts which remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.
- Payments may be made by online transfer, credit card (Visa, Mastercard, American Express) or Debit Card, PayPal or direct deposit to the specified bank accounts (either Bank of America or BAC San Jose).
- Publication and/or release of work done by TUX Solutions on behalf of the client, may not take place before cleared funds have been received and verified.
- At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions hereby described, a non-refundable payment of 50% of the quoted fee will become immediately due, unless otherwise noted (such as a “stages” project which will make the week’s deliverable work become immediately due).
- No creative or development work will commence until the agency has received written approval of the quotation (by hand, TUX Client Dashboard or by email) and a minimum non-refundable deposit of 50% of the agreed costs (unless otherwise agreed in writing). This ensures that the agency is fully equipped to provide the very highest levels of service and expertise, from project inception through to completion. This also applies if a project is delivered in ‘stages’, whereby a deposit will be required before proceeding to each new stage.
- Unless otherwise agreed in writing, the balance of payment will be due in full on project completion (e.g. on approval of logo, delivery of digital items such as photo or video or an ad, deployment of website, sending of e-shot, e-commerce go live, cost model send-out, etc). prior to upload to the server or release of materials. Failure to make final payment at this point may result in delays in project delivery. All invoices must be settled in full prior to go live or final supply of assets and materials. Late payments may result in additional charges being made of at least 5% of the remaining work per month. If applicable: when the work time exceeds 4 calendar weeks in duration, “The Client” agrees to a progress payment of 50% of the balance per month or 100% per week, until the conclusion of the project, with any outstanding amount payable in full upon delivery.
- If a quotation has been provided where a job will be approached in ‘phases’, each stage will need to be paid in full on completion of each stage, before the agency is able to progress to the next phase. Where a job is being charged in stages (for example, an initial 50% deposit and two further payments of 25% each) the balance of payment may be charged in full either on completion of the project or over a number of further staged payments at the discretion of the agency, such as weekly payments per deliverable.
- If any project exceeds the estimated timeline agreed or extends beyond eight weeks from approval of quotation (whichever occurs first), TUX Solutions reserves the right to invoice 25% of any outstanding balance, with the remaining 25% payable on completion. We reserve the right to invoice for completed work irrespective of content or final approval being provided by the client.
- Unless otherwise stated above or previously agreed in writing, all invoices are due within five days of any invoice date.
- Unless otherwise agreed in writing, work will usually commence within five working days of deposit receipt. Any anticipated completion date provided by the agency is subject to options chosen and client co-operation in provision of information, resource (logos, images, video, forms, web pages, etc) and approval. The agency will do its very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, amends requested, or additional requirements may potentially result in delays.
- Timelines provided are estimated but the agency will not be held liable if the project over-runs due to delays caused by the client passing information or approval, or any third party issues or force majeure (acts of God). TUX Solutions 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 TUX Solutions. 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.
- Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
- Any indication given by TUX Solutions of a design project’s duration is to be considered by the customer to be an estimation. TUX Solutions 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 TUX Solutions for the initial payment or by date confirmed in writing by TUX Solutions.
- Maintenance of the website is included for one year (along with the same domain, infrastructure renewals) inclusive of thirty minutes of non-material changes per month (just basic maintenance). If changes are required a quote would have to be provided as a separate project. During the time of the contract, TUX Solutions is the only webmaster authorized to access the domain, hosting and overall administration management of the website. This is an auto-renewal service, therefore is assumed the client will auto-renew and no notification is provided until the amount is due in the form of an invoice.
- Fees provided allow for presentation of a minimum of two creative options or rounds per brief for the client to choose from. In the unlikely event that the client is not satisfied with the second round of presented work, the agency reserves the right to potentially bring to an end any agreement with the client with no refund of deposit or payments made previously.
- Costs provided allow for a maximum of two sets of client amends after which time additional charges may become payable, although the client would be made aware of this in advance.
- 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 TUX Solutions holds no responsibility for any amendments made by any third party, before or after a design is published.
- Any printing, fulfilment, web hosting, domain, advertisement on social media platforms, mailing or third-party services that are provided by the agency will require a minimum up-front payment of 100% of the agreed cost. Please note that the agency will be unable to proceed to this stage without receipt of proof of this payment.
- At the end of each stage of the process (including – but not limited to – before sending an item to print or publishing a website) the client will need to ‘sign-off’ their approval either in the TUX Client Dashboard or by email. No further development can be undertaken until the agency is in receipt of written approval confirmation. Any amends to work after signed approved may incur additional charges for further time spent, although the client would be made aware of this in advance.
- Unless otherwise agreed in writing, projects are subject to a ‘standard disbursement charge’ to cover anticipated costs for in-house color printing, travel, postage, etc.
- Unless otherwise agreed in writing, our fees exclude: VAT where applicable; stock library images, photography or video outside of our in-house resources; bespoke illustration; copywriting; website hosting or backups; domain purchase, advertisement services of a specific platform, translation services; travel and accommodation; talent (models and actors etc.); any third-party media, production, distribution, couriers, proofs, mock-ups, proof reading or printing that may be required; other third-party costs incurred (such as merchant bank and payment gateway charges).
- It is assumed that unless otherwise stated, most text write-up and images will be provided by the client, although the agency will contribute to this (through headlines, and top-line messages, etc) as a natural part of the creative process.
- If required, the agency is able to provide a full marketing and text write-up advice as part of the suite of services under TUX Consulting, as well as illustration, video, photography and media editing at an additional cost through PhotoTUX, VideoTUX or EditTUX as part its suite of TUX Creative services. For the extended Terms & Conditions of PhotoTUX, VideoTUX or EditTUX please request the separate file.
- Clients should be aware that due to a variety of factors there will often be variance in colors shown between in-house proofs, colors on screen, printer’s proofs, and final printed items. These factors are determined by the source of the print or visual (each output source e.g the agency printer, the client’s printer, the image setter, the monitor etc will differ from the other), the types of inks or make-up of colors (even Pantone colors can vary significantly and often surprisingly depending on what stock or substrate they are printed on), the type of print process (short-run digital, longer-run litho printing), the substrate (paper, card, plastic etc) used, individual preferences (ambient light, personal computer settings etc) and several other reasons. As a result of this the agency is unable to guarantee 100% consistency and accuracy of color on all items and may not always be able to achieve the exact result expected by the client. In the case of printed items, the only true guide as to what is likely to be produced, is to request a ‘wet-proof’ on the actual intended substrate with the actual inks to be used, although this will incur additional cost. However as long as the client accepts there may be inconsistencies across work produced, this step may not be necessary. The agency does not accept any responsibility for color variations as a result of these indeterminate factors.
- 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 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.
- Proposal:For any website project, a proposal shall be provided to the client which outlines the general scope of the web design project. Additionally, the proposal shall include an estimate of the costs involved to complete the project. Additional work required to the project will incur additional costs.
- Web Browsers: TUX Solutions will verify the design and functionality of all websites on the following internet browsers latest version at the time of the User Acceptance Testing: Google Chrome, Safari in MacOS and iOS devices. Should an update or up-version of any of these browsers results in the corruption of the website in part or in whole, the client understands that any revisions or corrections will be made at the client’s expense with proper prior approval.
- Approval: TUX Solutions require that a wireframe and basic design flow is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colors, structure or content that require changes to the template will incur an additional charge.
- Once web design is complete, TUX Solutions will provide the customer with the opportunity to review the resulting work. TUX Solutions will make one set of minor changes at no extra cost within 10 days of the start of the review period or per the timeline defined in the project with no more than 2 rounds of changes available. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to TUX Solutions by e-mail or TUX Client Dashboard.
- TUX Solutions will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 10 regular days of the start of the review period.
- Domain Registration: TUX Solutions cannot guarantee the availability of any domain name. Where TUX Solutions is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration. Any charges shall be returned if the domain is not found. A replacement domain (with its proper charge) will be used instead. Domains and sub-domains are to be managed exclusively by TUX Solutions within the integrated solution to ensure quality maintenance, consistency, yearly renewal and uptime.
- When procuring third party solutions (such as domain registration or hosting space) TUX Solutions will indicate the best options to the client in terms of timing and choose the term. Terms are to be at least of a year and up to five years.
- Search Engine Submission: Due to the infinite number of considerations that search engines use when determining a site’s ranking, TUX Solutions 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 and TUX does have methods to help on its placement but cannot guarantee its ranking.
- For all web related projects, unless specifically stated, the client will retain 100% ownership of the web page client-generated data only (ownership is not applicable to proprietary software and programs or source code, such as databases, e-commerce and/or content management systems, web application source code, theme (TUX-P in most cases), plugins or HTML/CSS/animations).
- The agency offers web hosting third-party services to host the websites we have built for our clients. This is recommended in order to ensure ongoing quality and security of the service. Although the standard of our hosting packages are high, the agency is unable to guarantee 100% up-time (as no web host would) nor accept any responsibility for any error, omission or misrepresentation in relation to the websites hosted or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) suffered by any user of the websites hosted. The agency makes no warranties or representations of any kind that hosting will be uninterrupted, error-free or that the website or the server that hosts the website are free from viruses or other forms of harmful computer code. In no event shall the agency, its employees or agents be liable for any direct, indirect or consequential damages resulting from the hosting of websites on our servers. Separate terms and conditions apply for website hosting and these can be provided upon request and might also vary from web host options. TUX does not offer on-premise hosting/domain support or deployments in these on-premise platforms due lack of ensured and consistent availability, bandwidth, storage, WordPress optimized backups, control, security, operational efficiency and above all, our proven quality that requires low to zero maintenance from a client perspective. This is a shared server instance where information is privately divided between clients but hosted within the same instance.
- Rights of Access for Website Construction: The client agrees to allow TUX Solutions all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
- The customer also agrees to allow TUX Solutions access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
- The customer agrees to supply TUX Solutions with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner. If not provided timely, the project will be delayed and charges will continue as scheduled.If the project gets delayed due to lack of information provided, the client has up to 15 business days to continue the project, otherwise it'll be assumed the project can be closed and the 100% of the project will be financially due.
- If the customer wants to host, move or maintain their own version of the website; TUX Solutions will only participate in providing the design (CSS code) of the website. TUX will not participate in any migration or transitional activities.
- Once a year, the maintenance service of the website (up to 30 minutes per month – not to be used for material changes), domain and hosting services are auto-renewed per the acceptance of these terms and conditions. The amount can vary per industry/market standards or cost. This can be accessed within the TUX Solutions Client Dashboard under Invoices menu. If the client does not want to renew, this decision must be disclosed at least 30 days before the date (a month before the website’s project kick off anniversary). Otherwise, the full amount is due to be paid within 15 days. Failure of this payment will constitute the removal of the web domain and hosting which cannot be guaranteed to be available again. All web data will become inaccessible and permanently deleted within 30 days.
- Software licensing within TUX Solutions hosted servers includes: OS, firewall, SEO software, TUX-P theme, plugins, SSL certificate, security and bug fix updates. In order to access this, client must not be in a default account and be active in their yearly hosting subscription. If the client decides to migrate to another server outside TUX Solutions, these licenses or software cannot be moved or exported.
- Fees provided allow for occasional meetings at key stages for a ‘reasonable’ length of time (1-2 hours) between the agency and client. Some meetings may incur additional charges for time spent such as joint workshops or training, although the client would be made aware of this in advance.
- TUX uses different digital communication methods such as Zoom, MS Teams, MS Skype, email and chat as default means of service. Any official communications, inclusive of support with an existing product, should be uploaded via the client’s personalized TUX Dashboard found here: https://tux.solutions/client-dashboard
- If for some reason the website or client dashboard are offline, within 24 hours please send an email to hello@tux.solutions
- Clients are able to define a main stakeholder, liaison or point of contact (also called "account manager") in the TUX Client Dashboard. Ultimately this would be the decision maker on business decisions between TUX Solutions and the Client. Any other stakeholders (up to three) can be added by TUX Solutions or the Client's "account manager" in the TUX Client Dashboard and communicated as such by the main stakeholder. Any other decisions, communications or actions by other employees from the Client are treated as unauthorized unless the main stakeholder (or all of them) has signed off on them.
- TUX Solutions recommends that clients use our preferred suppliers for print or mobile application development (developers or coders) and is able to provide competitive quotations to ensure high quality and service is maintained until delivery of the final product to provide an extensive service offering beyond immediate in-house capabilities. We always seek a number of quotations from our trusted suppliers and provide a complete management service: from sourcing to liaison to proof checking. Although clients are not contract-bound to use the agency to provide this service, it is highly recommended for quality control and peace of mind.
- If a client prefers to use their own suppliers for printing or non-web publishing (such as ad agencies), the agency will simply provide artwork directly to the client to manage and forward, and will be unable to monitor, advise or take any responsibility for the process or final output.
- If required by the customer, TUX Solutions can disclose the third parties being utilized for the project after a confidentiality agreement is signed with a limited time basis.
- TUX Solutions does not offer third party supplier or in-house web management and/or integration services.
- Copyright and intellectual property is retained by TUX Solutions on all design work (whether in digital or printed format) including all ‘commissioned and above and beyond’ work such as words, pictures, artwork, ideas, visuals, illustrations, rights to design and artwork, unless specifically released in writing and after all costs have been settled.
- At which point the agency will surrender to the client, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options, files, images or documents developed throughout the process or exceptions such as TUX or third party intellectual property tools such as TUXView, Cost configurators, third party plugins, etc) or source files.
- This agreement is subject to appropriate credit and acknowledgment appearing wherever possible and the agency’s right to use the work for self promotion in its portfolio, in presentations, in advertising, in print and online.
- TUX Solutions may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, TUX Solutions retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.
- TUX Solutions reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, colour palettes, and other non-exclusive items.
- TUX Solutions reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
- Other than for the promotional use of TUX Solutions all services provided shall be for the exclusive use of the client’s said purposes only and not re-sell. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by TUX Solutions shall be outlined in the Project Proposal.
- TUX Solutions will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to the agency. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark with the proper country’s Intellectual Property Office if required.
- If requested, the agency will (at its discretion) provide the client with end-artwork in its final form (e.g. print-ready PDF; online documents via file sharing such as cloud drives or email). However the agency does not by default provide clients with original artwork or HTML code (for example an InDesign file, layered Photoshop file or HTML source file) or any ‘working’ or ‘development’ files, rejected concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with TUX Solutions for non-exclusive future use.
- TUX Solutions will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the client. We will act reasonably to protect such information and treat it as strictly confidential. Click here to review our Privacy Policy.
- TUX Solutions is allowed to showcase any/all work created in the course of a project as part of the TUX Solutions portfolio. We acknowledge the confidential nature of projects and agrees to only display project work once product/service has been publicly launched.
- The client agrees to indemnify TUX Solutions and keep the agency indemnified and hold the agency harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. The agency is not liable for any loss that may occur before, during or after the development of projects undertaken. The agency will not be held responsible for any delays, errors or losses arising from any third party.
- Appropriate credit and acknowledgment for work produced by the agency should be attributed to TUX Solutions where possible (for instance written in small text on the back of a printed item or at the bottom of a website) and may be referenced for the agency’s promotional purposes unless otherwise (in exceptional circumstances) prearranged with the client.
- The Customer is responsible for obtaining, at its own cost, all necessary consents, clearances, and authorizations which may be required by all applicable law and any regulatory and other authorities or commercial providers in respect of its receipt of the Services and use of the Deliverables. In particular, the Customer agrees that it, and not TUX Solutions, is responsible for ensuring the use of the Customer’s own and any third party photographs, images, sounds and text in the Deliverables does not infringe third party Intellectual Property Rights, whether those third party materials are sourced by the Customer or by TUX Solutions on the Customer’s behalf.
- Any design, copywriting, drawing, idea or code created for the customer by TUX Solutions, 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 TUX Solutions and any of its relevant sub-contractors.
- Any design, copywriting, drawing, idea or code created for the customer by TUX Solutions, or any of its contractors, is licensed for use for its specified purpose 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 TUX Solutions and any of its relevant sub-contractors.
- TUX Solutions is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold TUX Solutions responsible for any such loss or damage.
- Any claim against TUX Solutions shall be limited to the relevant fee(s) paid by the customer.
- The client agrees to alert the agency in writing to any defects or problems in relation to work and services provided, within 15 days of the final invoice date. The agency will not be liable for any claims made after this period.
- Approval of Final Work: While TUX Solutions takes all care to avoid errors, TUX Solutions accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is “The Client’s” responsibility to proofread and approve all final copy before the production of work. The email verification of the Client’s representative shall be conclusive as to the approval of all deliverables prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved deliverable has gone to print due oversights by “The Client’s” proofreading.
- Resending Uploading Files: If a client looses or accidentally deletes the files delivered by TUX Solutions upon completion of the project, TUX Solutions can re-upload to a cloud sharing service (such as Dropbox or Google Drive), for a fee of $100 per request. Providing the request from the “Client” has been made within 1 year from the date of completion.
- TUX Solutions will not archive projects older than 1 year from completion unless requested by “The Client” in which charges may apply.
- If any client artwork is required on CD/DVD or USB drive, an administration fee of approximately – $50 plus courier/ postage will be payable.
- TUX Solutions considers the design project complete upon receipt of the customer’s signed Approval form within the TUX Client Dashboard 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.
- What can reasonably be achieved in a given time frame
- Making the best use of resources to achieve the most effective outcomes
- TUX Solutions may make any changes to the Scope of Work, design, materials or functionality of the deliverables or provision of the Services: (a) which are required to comply with any applicable legal or regulatory requirements; (b) are required or advisable to prevent the services and/or deliverables infringing third party rights, including Intellectual Property Rights; or (c) which in TUX Services’s reasonable opinion, do not materially affect the quality or performance of the Services. In all cases, the non-refundable deposit clause applies.
- If at any time “The Client” wishes to make any alterations to all or any part of the services including the Scope of Work, and/or Customer Materials and/or data then “The Client” will provide TUX Solutions with full written specifications of such alterations and with such further information as TUX Solutions may require.
- TUX Solutions will either decline to undertake such alterations or will submit to “The Client” a quotation for such alterations specifying what changes (if any) will be required to the services including fees and the deliverables.
- Upon receipt of such quotation “The Client” will either: (a) accept such quotation, in which case the services will be deemed to be amended accordingly; or (b) withdraw the proposed alterations in which case the agreement will continue in force unchanged.
- It is agreed that the fee for service shall be the cost estimates provided via email or TUX Client Dashboard, unless work undertaken exceeds the work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. “The Client” will be notified of increases in the scope of the project, a new SoW will be issued and written approval must be obtained from “The Client” before new work commences.
- 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
- This is defined as any work involving additions to the list of items defined in the Estimate of Services or changes to all pieces of finished work after sign-off by an authorized representative of “The Client”. From time to time “The Client” will require extra requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original SoW. If the client wishes these alterations to be made, a new SoW will be issued by TUX Solutions addressing the new requirements and the associated cost. Work can only commence once SoW has been signed off.
- TUX Solutions will not be liable for any delay in or inability to perform the Services or for any additional costs incurred in the performance of the Services or for any defect or error in the Services or Deliverables or errors in or additional costs associated with their delivery to the extent that such delay, inability, costs, defect or error were caused by defects in or unsuitability of the Customer Materials or specified materials, or the Customer’s failure to supply the Customer Materials to TUX Solutions in the manner (including regarding format and method of delivery) directed by TUX Solutions, if being noted and agreed that TUX Solutions may not be able to identify defects in the Customer Materials or specified materials, or the unsuitable nature of the Customer Materials or specified materials until production has commenced, and where additional costs are incurred by TUX Solutions such costs shall be recoverable from the Customer;
- TUX Solutions may reject any of the Customer Materials or specified materials which in its opinion are unsuitable;
- TUX Solutions may, if the Customer Materials or specified materials are found to be unsuitable during production or have been supplied to TUX Solutions otherwise than in the manner (including regarding format and method of delivery) directed by TUX Solutions, charge the additional production costs incurred by TUX Solutions to the Customer after notifying, where possible, the Customer in writing of the unsuitability of the Customer Materials or specified materials; and
- TUX Solutions accepts no responsibility for imperfect work caused by defects in or unsuitability of the Customer Materials or specified materials.
- The client agrees to TUX Solutions’ definition of acceptable means of supplying data to the company.
- Text is to be supplied to TUX Solutions in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP, TUX Client Dashboard or shared folder.
- Images which are supplied in an electronic format are to be provided in a format as prescribed by TUX Solutions via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and TUX Solutions will not be held responsible for any image quality which the client later deems to be unacceptable.
- TUX Solutions 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 if not part of a PhotoTUX, VideoTUX or EditTUX package, 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.
- From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to TUX Solutions. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs.
- If the project is more than 50% completed (this is determined by TUX Solutions and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of $45 per hour plus taxes.
- If a project is cancelled by TUX Solutions, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
- In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork (inclusive of web design) and disks shall be returned and retained by the TUX Solutions.
- Any contracts done to third party suppliers (such as hosting, domains, development or other technology services) should still be paid in full due the nature of terms and conditions these normally have as stated on section D. These charges are not refundable since TUX Solutions are not the originator of them. Due technical setup and security constrains, when TUX Solutions is hosting through the shared TUX Platforms cloud instance the hosting space shall not to be transferred, only the domain, at the end of the agreed contract. Eight business days are provided for the transferred information download to happen, after that data will not be accesible anymore. Access to obtain the data in the hosting or FTP environment is not provided to external parties, the data will be exported to a shared drive.
- TUX Solutions is to provide exclusive webmaster services (basic maintenance of the platform, hosting and domain) from one to three years depending on the discounted tier (Silver, Gold & Platinum, accordingly) selected by the client with the option to renew at the end of the cycle, aligned with the hosting service provided. If no tier is selected, Platinum (highest discount) is assumed to be the selected one.
- An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “The Client” has stated expressly that they do not intend to pay an invoice by “TUX Solutions” unless prior arrangements have been made. “TUX Solutions” shall at its sole discretion suspend any and all services provided to “The Client” by “TUX Solutions” or its subsidiaries (including but not limited to research, findings, hosting, websites designed files, concepts, artwork, reports, insights, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, subcontractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.
- Suspension of such services does not relieve the client of its obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.
- “The Client” whose account is in default agree to pay “TUX Solutions” reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.
- “TUX Solutions” retains all copyright for work performed until full project costs have been paid. “TUX Solutions” reserves the right to reuse or resell work undertaken in the case of a payment default.
- TUX Solutions accepts no liability or responsibility for loss of income or damage to the client for TUX Services-owned work removed from third party or TUX Services servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
- Research, insights, data, design, strategy, photography, illustration, writing and marketing are all highly creative and subjective art forms. As such “TUX Solutions” takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however “TUX Solutions” cannot be held responsible for variations between expectation and outcome.
- All information contained in our website tux.solutions is intended for general information purposes only. The information is provided by “TUX Solutions”. We try to keep the information up-to-date and ensure that it is correct, however, we make 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. “TUX Solutions” 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. “TUX Solutions” has no control over websites that are linked to on this website.
- Those third-party websites are under the control of their owners, and “TUX Solutions” 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.
- These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. TUX Solutions reserves the right to change or modify these terms at any stage with immediate effect. We recommend you check them at least once every fiscal quarter. By agreeing to these terms, your statutory rights are not affected.
- Latest copy can always be found at: https://tux.solutions/faq/latest-terms-and-conditions-general/
