Last updated: August 30, 2020
Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by “CAE Communications (Cover Art Express)” and in the event of any dispute are governed by the laws of Jamaica.
All work is carried out by “CAE Communications (Cover Art Express)” on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by “CAE Communications (Cover Art Express)”on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing.
If a choice of designs 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 designs remain the property of “CAE Communications (Cover Art Express)”, unless specifically agreed in writing.
Design Charges
Charges for design services to be provided by“CAE Communications (Cover Art Express)” 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.
Source Files
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.
Copyrights and Trademarks
By supplying text, images and other data to “CAE Communications (Cover Art Express)”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 “CAE Communications (Cover Art Express)” on behalf of the customer, will remain the property of “CAE Communications (Cover Art Express)” 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 “CAE Communications (Cover Art Express)”, the necessary permission to use materials (for which “CAE Communications (Cover Art Express)”holds the copyright) in forms other than for which it was originally supplied, and “CAE Communications (Cover Art Express)” 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 software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not “CAE Communications (Cover Art Express)”.
By supplying images, text, or any other data to “CAE Communications (Cover Art Express)”, the customer grants “CAE Communications (Cover Art Express)”permission to use this material freely in the pursuit of the design.
Should “CAE Communications (Cover Art Express)”, 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 “CAE Communications (Cover Art Express)” to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold “CAE Communications (Cover Art Express)”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.
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“CAE Communications (Cover Art Express)” holds no responsibility for any amendments made by any third party, before or after a design is published.
Design Credits
The customer agrees to allow “CAE Communications (Cover Art Express)” to place a small credit on printed and non printed materials exhibition display, advertisement and/or a link to “CAE Communications (Cover Art Express)” 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 “CAE Communications (Cover Art Express)” to place websites and other designs, along with a link to the client’s site on“CAE Communications (Cover Art Express)”s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
The customer also agrees to allow “CAE Communications (Cover Art Express)” to place credit to the producer/director along with the “CAE Communications (Cover Art Express)” trade mark at the beginning, during or end of the work.
Rights of Refusal
“CAE Communications (Cover Art Express)” 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. “CAE Communications (Cover Art Express)” also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that “CAE Communications (Cover Art Express)” does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow “CAE Communications (Cover Art Express)” to remove the contravention without hindrance, or penalty. “CAE Communications (Cover Art Express)” is to be held in no way responsible for any such data being included.
Disclaimer
“CAE Communications (Cover Art Express)” makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. “CAE Communications (Cover Art Express)” will not be held responsible for any and all damages resulting from products and/or services it supplies. “CAE Communications (Cover Art Express)” 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 “CAE Communications (Cover Art Express)” responsible for any such loss or damage. Any claim against “CAE Communications (Cover Art Express)” shall be limited to the relevant fee(s) paid by the customer.
“CAE Communications (Cover Art Express)”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. “CAE Communications (Cover Art Express)” will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. “CAE Communications (Cover Art Express)” reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by “CAE Communications (Cover Art Express)”, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.coverartexpress.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 “CAE Communications (Cover Art Express)”.