By hiring the services of LycodonFx Pvt. Ltd. you confirm that you are in agreement with and bound by the terms and conditions stated below:

All work is carried out by LycodonFX Pvt. Ltd. on the understanding that the customer has agreed to LycodonFx Pvt. Ltd. fees as quoted and their terms and conditions. Copyright is retained by LycodonFX Pvt. Ltd. on all creative work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and until all outstanding invoices have been paid in full.

• All costs provided exclude taxes as applicable and are valid for thirty days from the date of the quotation.
  
  
• The costs provided when quoting are guide prices based 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 from those quoted unless requirements change significantly.
  
  
• No creative or development work will commence until the agency has received written approval of the quotation (by hand or by email) and a minimum 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 delivery of printed items, videos, publishing of website, sending of e-shot etc): failure to make final payment at this point may result in delays in project delivery.
  
  
• If a quotation has been provided where a job will be approached in ‘stages’, each stage will need to be paid in full on completion of each stage, before the agency is able to progress to the next stage. Where a job has been quoted in two halves (initial 50% deposit and final 50% balance) 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.
  
  
• If any project exceeds the estimated timeline agreed or extends beyond twelve weeks from approval of quotation (whichever occurs first), the agency reserves the right to invoice 25% of any outstanding balance, with the remaining 25% payable on completion.
  
  
• Any printing, fulfilment, mailing or third-party services that are provided by the agency will require a minimum up-front payment of 75% (possibly higher in relation to value) of the agreed cost (this figure will be at the discretion of the agency and may in some cases be as much as 100%). Please note that the agency will be unable to proceed to this stage without receipt of or proof of this payment.
  
  
• Unless otherwise stated above or previously agreed in writing, all invoices are due within seven days of any invoice date. Please note points number 3, 4, 5 and 7 above and how this could have an impact on time scales.
  
  
• Unless otherwise agreed in writing, work will usually commence within ten 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 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. Time lines 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 (act of God).
  
  
• Costs provided allow for presentation of a minimum of two creative options per brief for the client to choose from. In the unlikely event that the client is not satisfied with the first round of presented work, the agency will develop a further round of additional creative development and presentation. If after this third round there is still no agreement on direction, 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 three sets of client amends after which time additional charges may become payable, although the client would be made aware of this in advance.
  
  
• At the end of each stage of the process (including - but not limited to - before sending an item to print or publishing a website etc) the client will need to ‘sign-off’ their approval either in person 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.
  
  
• Costs provided allow for occasional meetings at key stages for a reasonable length of time between the agency and client. Some meetings may incur additional charges for 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 colour printing, travel, postage etc.
  
  
• Unless otherwise specified, costs quoted exclude the following where relevant: VAT; print; commissioned illustration, photography or stock images/footage/audio; image retouching; image scanning; copywriting; postage, in-house colour print-outs and travel exceeding that allocated within the ‘standard disbursement charge’ above; web hosting (it will often be a prerequisite to host on one of our competitively priced servers, particularly if a website incorporates an e-commerce or content management system); couriers; other third-party costs incurred (such as merchant bank and payment gateway charges) etc.
  
  
• It is assumed that unless otherwise stated, most copy 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. The agency is able to provide a full copywriting service or copy advice, as well as illustration and photography at an additional cost if required. Purchased royalty-free stock images from our standard sources (if required) will generally be priced as per actuals + VAT per image (dependent on source, image size and quality) to cover sourcing time and image costs. Specific image requirements not satisfied by our standard sources will be charged at cost + 15% + VAT, with prior client notification.
  
  
• The agency recommends that clients use our preferred suppliers for print and is able to provide competitive quotations to ensure high quality and service is maintained until delivery of the final product. We always seek a number of quotations from our trusted print suppliers and provide a complete management service: from print-sourcing to print-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 print supplier, 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.
  
  
• In addition to print suppliers, the agency works closely with sign manufacturers and installers, photographers, illustrators, film makers, interior designers and other relevant partners to provide an extensive high-quality service offering beyond immediate in-house capabilities.
  
  
• Clients should be aware that due to a variety of factors there will often be variance in colours shown between in-house proofs, colours 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 colours (even Pantone colours 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 colour 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 colour variations as a result of these indeterminate factors.
  
  
• Until payment is received in full, all designs, artwork and rights to design and artwork (whether in digital or printed format) remain the intellectual property of LycodonFX Pvt. Ltd. Full copyright and ownership of all ‘commissioned’ work will reside with LycodonFX Pvt. Ltd. until full payment has been received, 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). This agreement is subject to appropriate credit and acknowledgment appearing and the agency’s right to use the work for self promotion in its portfolio, in presentations, in advertising, in print and online.
  
  
• LycodonFX Pvt. Ltd. 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 as required.
  
  
• If requested, the agency will (at its discretion) provide the client with end-artwork in its final form (e.g. print-ready PDF; DVD master; outlined EPS file etc). However the agency does not by default (and possibly without further charge) provide clients with original artwork(working file/editible open files) for example an InDesign file, layered Photoshop file, Original Illustration, Raw Photographs, 3D Open Files, After Effects Editable files 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 LycodonFX Pvt. Ltd. for non-exclusive future use.
  
  
• LycodonFX Pvt. Ltd. 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.
  
  
• The client agrees to indemnify LycodonFX Pvt. Ltd. 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.
  
  
• 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.
  
  
• For all web related projects, unless specifically stated, the client will retain 100% ownership of the web page design only (ownership is not applicable to proprietary software and programs, templates or source code, such as databases, e-commerce and/or content management systems, web application source code or flash files/animations).
  
  
• The agency offers a web hosting service to host the websites we have built for our clients. This is recommended in order to ensure ongoing quality of service and is a mandatory requirement for websites incorporating a content management system (CMS) or Ecommerce system. Although the standard of our hosting packages are high, the agency is unable to guarantee 100% uptime (as no web host would) not 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.
  
  
• LycodonFX Pvt. Ltd. will make every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the main browsers Google Chrome, Safari, Internet Explorer and Mozilla Firefox latest releases. You understand that we cannot guarantee correct functionality with all browser software across different operating systems. If you require the website to comply with other browsers this may not be possible unless otherwise specified your website has been designed to be viewed on a desk top. if you require your website to be iphone, ipad, tablet or android compatible, this will need to be quoted for separately by LycodonFX Pvt. Ltd.
  
  
• In the motion graphics scenario, the usage rights are solely for personal marketing and not for resale unless stated before commencement.Once the final artwork design is approved and later any error is found or went unnoticed and has appeared in the final print, LycodonFX is not responsible.
  
  
• Appropriate credit and acknowledgement for work produced by the agency should be attributed to LycodonFX Pvt. Ltd. where possible (for instance written in small text on the back or front corner 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.
  
  
• Once we have commenced work on your project no refund is available on the 50% deposit paid for your project. Work may include, but is not limited to; contact between yourself and an Account Manager and/or designer from LycodonFX Pvt. Ltd. , the commencement of wireframes/prototypes by LycodonFX Pvt. Ltd. for your project, the commencement of design concepts by LycodonFX Pvt. Ltd. for your project and other work undertaken by LycodonFX Pvt. Ltd. in relation to your project.
  
  
• Client material may remain with us for over 30 days and will be deleted there after, and we take no responsibility if you have failed to collect back the provided material within 30 days. Unless otherwise agreed in writing and client fails to respond over 30 days, it will be understood that the project has been canceled and all payments received will be forfeited.
  
  
• LycodonFX Pvt. Ltd. may discontinue services if an amount payable to LycodonFX Pvt. Ltd. is overdue or take down a website permanently in any case where an amount payable is overdue by more than 7 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties. Furthermore, LycodonFX Pvt. Ltd. will not refund ( in part or in whole) any deposits received for the commencement of work, under any circumstances unless agreed firstly in writing by LycodonFX Pvt. Ltd. LycodonFX Pvt. Ltd. reserves the right to keep all funds from the deposit if work on a job has commenced and is terminated by either party. LycodonFX Pvt. Ltd. shall not be liable for any loss or damage whatever arising from such cancellation.
  
  
• In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by LycodonFX Pvt. Ltd. (including, but not limited to, any loss of profits) up to the time of cancellation. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
  
  
• LycodonFX Pvt. Ltd. reserves the right to suspend services in any case where the Client fails to perform their obligations under this and any associated agreements.
  LycodonFX Pvt. Ltd. shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by LycodonFX Pvt. Ltd. of these terms and conditions.
  
  
• LycodonFX Pvt. Ltd. is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store or maintain any of your account data or your content. LycodonFX Pvt. Ltd. and its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors will not be liable to you for any special, direct, indirect, incidental, consequential, punitive, reliance or exemplary damages, including without limitation losses or liability resulting from data loss, loss of revenue, anticipated profits, or loss of business opportunity, the accuracy, personal injury or property damages, any viruses, worms, bugs or the like which may be transmitted to or from any file transfer via thumb drives/emails, etc., any kind of damage resulting from your use of, or inability to use the services made available through the LycodonFX Pvt. Ltd.
  
  
• If client provides a reference and request for an identical creative, LFX is not responsible if any problems arise later. All products designed are not for resale without written approval from LFX etc. For logo design, our designers always attempt to create unique design but however if the logo appears similar to or close to any existing company it is with the client to be sure before approval.

These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. LycodonFX Pvt. Ltd. reserves the right to change or modify these terms at any stage with immediate effect. By agreeing to these terms, your statutory rights are not affected.