a little about how we work at metamorfosis
At the time of proposal, Metamorfosis will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Metamorfosis website.
Payment of invoice binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the Metamorfosis Terms & Conditions are what govern the job.
Timescales vary between projects, and if there is a specific deadline, this must be discussed before any work begins.
For all branding projects, including special offer packages; no branding project can begin without Metamorfosis receiving all of the requested information from the customer. Payment date has no bearing on, nor is it an indication of, completion date; projects are started in order of content receipt, if content is not received then no project can begin.
The order of customer project start date is not indicated by payment date, but by date of receipt of ALL required information. There is no entitlement to have a project started any earlier than when content is deemed to have been received in full by Metamorfosis.
Every form must be completed in full before the project can begin - this is non-negotiable. For the avoidance of doubt, the Metamorfosis Terms & Conditions are what govern the job.
Special Offers & Packages
From time to time, Metamorfosis may discount special offer packages, such as design, branding or document packages. These special offer packages have additional terms;
any and all special offer or discount packages are valid for 3 months from date of purchase, unless by prior written agreement from Metamorfosis.
if more than three months passes and Metamorfosis is not in receipt of all required content, the package is no longer valid and only full price package elements will be given up to the original package value.
under no circumstances will a refund be offered for a discount, bundle or special offer package.
the customer may choose the package elements up to the original package price.
as with all services provided by Metamorfosis, the placement of an order for design and/or any other services offered by Metamorfosis, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.metamorfosisdesign.co.uk, and it is the responsibility of all customers to read these terms and conditions.
Charges for design services to be provided by Metamorfosis will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, non-refundable payment of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of the project quotation total before the work commences or is supplied to the Client for review.
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 .ai, .eps, .svg 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.
Any invoice queries must be submitted by email within 7 days of the invoice date.
Accounts which remain outstanding for 14 days after the date of invoice, will incur late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer only.
Publication and/or release of work done by Metamorfosis on behalf of the client, may not take place before cleared funds have been received.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Metamorfosis shall be entitled to remove Metamorfosis’ 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, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of the obligation to pay the due amount.
Customers whose accounts become default agree to pay all Metamorfosis’ reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyright & Trademark
By supplying text, images and other data to Metamorfosis 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 Metamorfosis on behalf of the customer, will remain the property of Metamorfosis 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.
The customer may request in writing from Metamorfosis, the necessary permission to use materials (for which Metamorfosis holds the copyright) in forms other than for which it was originally supplied, and Metamorfosis 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.
Any 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 Metamorfosis.
By supplying images, text, or any other data to Metamorfosis, the customer grants Metamorfosis permission to use this material freely in the pursuit of the design.
Should Metamorfosis, 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 Metamorfosis to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Metamorfosis 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.
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 Metamorfosis holds no responsibility for any amendments made by any third party, before or after a design is published. Any further alterations required after a project is finalised will be chargeable.
Any design, copywriting, drawing, idea or other material created for the customer by Metamorfosis, 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 Metamorfosis 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.
Metamorfosis will not be held responsible for any and all damages resulting from such claims.
Metamorfosis is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Metamorfosis responsible for any such loss or damage.
Any claim against Metamorfosis shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Metamorfosis’ definition of acceptable means of supplying data to the company.
Text is to be supplied to Metamorfosis in electronic format as standard text (.txt), MS Word (.docx) or via e-mail or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Metamorfosis via e-mail or other written communication. Images must be of a quality suitable for use without any subsequent image processing, and Metamorfosis will not be held responsible for any image quality which the client later deems to be unacceptable.
Metamorfosis 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.
Any indication given by Metamorfosis of a design project’s duration is to be considered by the customer to be an estimation. Metamorfosis 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 Metamorfosis for the initial payment or by date confirmed in writing by Metamorfosis.
Rights of Access
The client agrees to allow Metamorfosis 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 Metamorfosis 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 Metamorfosis with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Metamorfosis considers the design project complete upon receipt of the customer’s signoff email. Other services such as printing, display panel production, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Metamorfosis require that a layout is approved by the customer before publishing of a site commences. Once the layout(s) for the web site are approved by the customer, building will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, Metamorfosis will provide the customer with the opportunity to review the resulting work. Metamorfosis will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Metamorfosis by e-mail.
Metamorfosis will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Metamorfosis does not offer hosting services and cannot guarantee continuous service from a hosting provider and will accept no liability for loss of service, whatever the cause.
Metamorfosis may request that clients change the type of hosting account used if that account is deemed by Metamorfosis to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.
Fees due to third party hosting organisations are the responsibility of the client and Metamorfosis are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer/domain owner.
Metamorfosis cannot guarantee the availability of any domain name. Metamorfosis will not register a domain name on behalf of a client.
Search Engine Submissions
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Metamorfosis 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. Metamorfosis recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
The customer agrees to allow Metamorfosis to place a small credit and/or a link to Metamorfosis’ own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Metamorfosis to place websites and other designs, along with a link to the client’s site on Metamorfosis’ own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Metamorfosis 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. Metamorfosis also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Metamorfosis does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Metamorfosis to remove the contravention without hindrance, or penalty. Metamorfosis is to be held in no way responsible for any such data being included.
anything deemed as a threat to Metamorfosis, any employees or freelance contractors will be taken extremely seriously and will result in any contracted work being terminated without notice nor refund.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Metamorfosis will need formal notification in writing to the company’s postal or e-mail address. The client will then be invoiced for all work completed. 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 Metamorfosis within 14 days of such instruction being issued, will be liable for the full quoted cost of the project. If a project has been started and work completed, any refunds will be given less the amount required for work completed.
Metamorfosis makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Metamorfosis will not be held responsible for any and all damages resulting from products and/or services it supplies. Metamorfosis 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 Metamorfosis responsible for any such loss or damage. Any claim against Metamorfosis shall be limited to the relevant fee(s) paid by the customer.
Metamorfosis 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. Metamorfosis will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Metamorfosis 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. Metamorfosis recommends 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.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Metamorfosis reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms & Conditions
The placement of an order for design and/or any other services offered by Metamorfosis, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.metamorfosisdesign.co.uk
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 Metamorfosis.