TERM & CONDITION
- The following Terms and Conditions of Service apply to all products and services provided by Asanka Studio.
- All work is carried out by Asanka Studio on the understanding that the client has agreed to Asanka Studio’s terms and conditions.
- Copyright is retained by Asanka Studio on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
- If a choice of design is presented, only one solution is deemed to be given by Asanka Studio as fulfilling the contract. All other designs remain the property of Asanka Studio, unless agreed in writing that this arrangement has been changed.
- At the time of proposal, Asanka Studio will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Asanka Studio’ website.
- 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 Asanka Studio. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Asanka Studio’s terms and conditions.
- No work on a project will commence until either document has been received by Asanka Studio.
- Asanka Studio can be reached by telephone from Monday to Friday between 9am and 5pm.
- Asanka Studio and the client both acknowledge that during business dealings they may receive certain confidential information and materials of the other party
- Each party, including its agents and employees, agrees to hold and maintain in strict confidence all confidential Information, shall not disclose confidential Information to any third party, and shall not use any confidential Information except as may be necessary to perform its obligations under the Quotation, and as may be required by a court or governmental authority.
- Confidential Information does not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.
COPYRIGHTS AND TRADEMARKS
- By supplying text, images and other data to Asanka Studio for inclusion in the customer’s business cards, flyers, pamphlets, 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 Asanka Studio on behalf of the customer, will remain the property of Asanka Studio and/or it’s suppliers.
- The customer may request in writing from Asanka Studio, the necessary permission to use materials (for which Asanka Studio holds the copyright) in forms other than for which it was originally supplied, and Asanka Studio may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the artwork, images, text, or other data to be used.
- By supplying images, text, or any other data to Asanka Studio, the customer grants Asanka Studio permission to use this material freely in the pursuit of the design.
- It remains the Client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Client by the Company. The customer agrees to fully indemnify and hold Asanka Studio 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.
- It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds 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. Wherever possible the client will be notified of increases in the scope of the project.
USE OF IMAGE
- Asanka Studio can not use images that violate copyright. Client supplied images must be sourced from reputable stock photography libraries, or the client must be the copyright holder or have written permission from the copyright holder to use the image/s for commercial purposes.
- Asanka Studio can source professional stock photography as required. Professional stock photography that is no accounted for in the initial quotation attracts an additional cost which is payable by the client.
- The client agrees to Asanka Studio’s definition of acceptable means of supplying data to the company.
- Text is to be supplied to Asanka Studio in electronic format as standard text (.txt), MS Word (.doc) on USB Flash Drive, or CD-ROM, or via e-mail.
- Images which are supplied in an electronic format, are to be provided in a format as prescribed by Asanka Studio via USB Flash Drive, CD-ROM, Cloud (Asanka Studio securely backs up and stores all associated files not more than 30 days after project completion) or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Asanka Studio will not be held responsible for any image quality which the client later deems to be unacceptable. Asanka Studio 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.
DESIGN PROJECT DURATION
- Any indication given by Asanka Studio of a design project’s duration is to be considered by the customer to be an estimation. Asanka Studio 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 Asanka Studio for the initial payment or by date confirmed in writing by Asanka Studio.
- Every effort possible is made by Asanka Studio to meet required deadlines. Additional charges may apply if Asanka Studio is required to work outside of normal business hours in order to meet deadlines. It is the client’s responsibility to notify Asanka Studio of deadlines prior to the commencement of the project. Asanka Studio will not be liable or held responsible for any deadlines not met, or any costs incurred as a result, due to circumstances beyond Asanka Studio’s control, such as illness, injury, client delay, or third-party or sub-contractor turnaround times. Final approval of art must also be provided to Asanka Studio in writing before any work is released – verbal approvals cannot be accepted.
- Any and all corrections, changes or amendments to a project must be provided to Asanka Studio in writing. Each quotation allows the client two rounds of minor revisions to their project unless otherwise specified on the Project Term.
- Any revisions not nominated in the two rounds of minor revisions, or otherwise accounted for in the quotation, will be charged according to the agreement agreed by both parties. Should the client choose not to proceed with the project, an invoice will be issued for work completed up to that date.
- All concepts created by Asanka Studio are presented in low resolution draft format for on-screen proofing.
- High resolution files are only released once full payment is received. Asanka Studio exercises reasonable effort to proof and test deliverables prior to presentation.
- All concepts presented by Asanka Studio are created to the very best of Asanka Studio’s ability and knowledge.
- The client must confirm in writing that they approve or require revisions to supplied proofs, within 14 days of receipt of proofs.
ERROR & OMISSIONS
- Whilst all care is taken by Asanka Studio in producing proofs and final art, it is understood that the client assumes and accepts liability for any and all errors not corrected.
- The client is responsible for proof reading and identifying any errors or omissions, prior to final approval. Final artwork is not released to the client or third parties (eg. printers) until final approval of art is provided to Asanka Studio in writing – verbal approvals cannot be accepted.
- Should the client request a project reprint, the client is solely responsible for payment of all associated costs. Asanka Studio cannot issue credit or refunds.
DESIGN PROJECT COMPLETION
- Asanka Studio considers the design project complete upon receipt of the customer’s Review and signed Approval form.
- Other services such as printing, display panel production, film work, website uploading, publishing etc., either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
- Asanka Studio does not release or supply any working files used in the creation of a project (such as Adobe Illustrator, InDesign, Photoshop and so on). High resolution PDF’s of a completed project can be supplied upon final payment, at the client’s request.
- Upon project completion, Asanka Studio securely backs up and stores all associated files not more than 30 days after project completion.
OFFSET & DIGITAL PRINTING
- Files provided by the client to Asanka Studio for use in high quality print reproduction, must be supplied as CMYK and at a minimum resolution of 300dpi at actual size.
- Additional charges may apply where Asanka Studio is required to manipulate and convert client supplied files, to ensure they are press-ready.
- Asanka Studio thoroughly checks all images supplied, and provides advice to the client regarding reproduction quality, color and stock.
- The client accepts that Asanka Studio is not responsible for any client supplied images that do not print as expected. Asanka Studio supplies files to print companies and other third parties for high quality reproduction, at a minimum of 300dpi at actual size, or as high resolution PDF’s, and as per their required specifications.
- Due to variations in computer settings, on-screen color proofing may differ between monitors and devices, and can differ from the final printed result. The Client acknowledges that on-screen proofing is not an accurate representation of the final printed project, and that Asanka Studio is not responsible for any color variations that may occur between on-screen proofs and the final printed outcome.
- Color accuracy is best determined at the chosen print company, by the production of pre-press calibrated high resolution proofs. Depending upon the print company, such color-accurate hard copy proofs may attract an additional cost, prices are available upon request.
- Asanka Studio will happily press-check projects where feasible and where requested, to help ensure consistency and the best possible printed outcome. The client accepts that Asanka Studio is not responsible for any print inaccuracies that may arise.
THIRD PARTY CONTRACTS
- Asanka Studio may contract with other creative professionals to provide services such as web development, photography, and illustration etc.
- Any third party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed.
- No project will commence on the assumption that third parties might be required for project completion. Such details will be finalized prior to project commencement, unless requested by the client at a later date.
INCOMPLETE & CANCELLED PROJECTS
- If the Client canceled a project that has been agreed upon at the time of the design concept development stage, the Client will be charged with cancellation fee of 50% from the initial deposit payment value (will be paid maximum within 7 days since the cancellation agreed by both parties). And ownership of all assets and copyright shall be retained by Asanka studio.
- If the Client canceled a project that has been agreed at the time of the design revisions stage, the initial deposit payment value will become non refundable. And ownership of all assets and copyright shall be retained by Asanka studio.
- The client, within 14 calendar days of receipt of each proof, shall notify Asanka Studio of any corrections, changes or amendments the client wishes to be made. Should the Client fail to contact Asanka Studio within 14 calendar days of receipt of proof/s, and notify Asanka Studio of any corrections, changes or amendments, or of final proof approval, Asanka Studio reserves the right to consider the project finalised, and issue an invoice for payment of work completed.
- In the event of a project termination by either party, Asanka Studio will issue an invoice for all work completed up to the date of cancellation, and payment of this invoice is required by the Client.
- Asanka Studio do not recommend the client to modified, re-used, or re-distributed in any way any design, copywriting, drawing, idea or code outside the guidelines that has been created by Asanka Studio, or any of its 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. Asanka Studio will not be held responsible for any and all damages resulting from such claims.
- Asanka Studio is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Asanka Studio responsible for any such loss or damage. Any claim against Asanka Studio shall be limited to the relevant fee(s) paid by the customer.
- Asanka Studio retains the right to publish and display any client projects in Asanka Studio’s portfolio, website, design periodicals, and other media or exhibits.
- Charges for design services to be provided by Asanka Studio, 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 deposit of 50% of the quoted fee will become immediately due.
- Work on the project will not commence until Asanka Studio has received this amount.
- All Quotations are provided by Asanka Studio free of charge and are valid for 14 days from the date of issue.
- Quotations that are not accepted within the time identified may be subject to amendment.
- Additional work which is outside the original scope and not provided for in the original quotation, is charged in accordance with the prevailing price.
- All quoted are priced in Indonesia Rupiah.
- Quotation pricing includes Asanka Studio fees only.
- Any and all third party costs will be invoiced to the client, unless specifically otherwise provided for in the quotation. Such outside costs include, but are not limited to, postage and packaging, freight and shipping, courier fees, high resolution proofs from chosen offset printer, offset printing, digital printing, photocopies, artwork burnt to disk, sub-contractor’s costs and fees, stock photography, photography and or artwork licenses, online access or hosting fees, parking fees, tolls, taxi fares and public transportation fares.
INVOICES & PAYMENT
- Payment will be divided into 2 phases. An up-front 50% deposit and the remaining payment after all work is completed.
- An invoice will be issued to the client for all work to be completed by Asanka Studio. All invoices are payable within 7 calendar days from date of issue, unless otherwise agreed.
- Work on the project will begin once the 50% deposit has been received.
- Clients residing outside of Indonesia are required to make payment in full prior to any project commencement.
- Payment is required in full prior to releasing high resolution digital files, and/or supplying files for offset or digital printing and websites.
- The client is responsible for all debt collection fees, legal fees and court fees that may be incurred as a result of the client’s failure to pay invoices within 7 calendar days of date of issue.