Terms and Conditions
The following Terms and Conditions of Service apply to all products and services provided by Sktched Marketing, a trade name of Sktched Atelier LLP, a limited liability partnership incorporated under the laws of India. Sktched Marketing is a division that offers creative design services to clients. In the event of any dispute, these Terms are governed by the laws of India.
All work is carried out by Sktched Marketing on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Sktched Marketing on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If multiple options for a design 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 design options remain the property of Sktched Marketing, unless specifically agreed in writing
Project Acceptance
At the time of proposal, Sktched Marketing will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Sktched Marketing website which can be found at www.sktched.com.
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 Sktched Marketing.
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 Sktched Marketing 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 Sktched Marketing 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.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the agreed scope of work, 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 Sktched Marketing.
Any invoice queries must be submitted by email within 14 days from the invoice date.
Payments may be made by online transfer, credit / debit card or UPI
Payments made by cheque must be previously agreed and may be subject to an administration charge.
Publication and/or release of work done by Sktched Marketing on behalf of the client, may not take place before cleared funds have been received.
Sktched Marketing reserves the right to consider an account to be in default in the event of a returned cheque.
Copyrights and Trademarks
By supplying text, images, and other data to Sktched Marketing for inclusion in the design 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 Sktched Marketing on behalf of the customer, will remain the property of Sktched Marketing 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 Sktched Marketing, the necessary permission to use materials (for which Sktched Marketing holds the copyright) in forms other than for which it was originally supplied, and Sktched Marketing 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 Sktched Marketing, the customer grants Sktched Marketing permission to use this material freely in the pursuit of the design.
Should Sktched Marketing, or the customer supply an image, text, audio clip or any other file for use in a 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 Sktched Marketing to remove and/or replace the file on the medium.
The customer agrees to fully indemnify and hold Sktched Marketing free from harm in 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 Sktched Marketing holds no responsibility for any amendments made by any third party, before or after a design is published.
Design Project Duration
Any indication given by Sktched Marketing of a design project’s duration is to be considered by the customer to be an estimation. Sktched Marketing 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 Sktched Marketing for the initial payment or by date confirmed in writing by Sktched Marketing.
Design Project Completion
Sktched Marketing considers the design project complete upon receipt of the customer’s signed Approval form or signoff email.
Design Showcase
The customer agrees to allow Sktched Marketing to place designs, along with a link to the client’s site on Sktched Marketing’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Sktched Marketing 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. Sktched Marketing also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Sktched Marketing does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Sktched Marketing to remove the contravention without hindrance, or penalty. Sktched Marketing 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, SMS or WhatsApp, however, following this, Sktched Marketing will need formal notification in writing to the company’s official email. 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 money due must be paid within 7 days. Please note: any cancellation which is not formally confirmed in writing and received by Sktched Marketing within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
Sktched Marketing makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Sktched Marketing will not be held responsible for any and all damages resulting from products and/or services it supplies. Sktched Marketing 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 Sktched Marketing responsible for any such loss or damage. Any claim against Sktched Marketing shall be limited to the relevant fee(s) paid by the customer.
Sktched Marketing 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. Sktched Marketing will not knowingly perform any actions to contravene these, and the client also agrees to be so bound.
General
Please note that in addition to these general terms and conditions, specific terms and conditions may apply to certain products, services, or schemes, such as the Creative Credits subscription model offered by us. Where applicable, these specific terms and conditions should be read in conjunction with the general terms and conditions outlined herein.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Sktched Marketing, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.sktched.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 Sktched Marketing.