Terms and Conditions for Graphic design and Website Development Services



Softprintsandmedia.com (the “Site”), the Soft Prints and Media Services (together, the “Services”) . Users ( “clients”, “customers”), Agreement ( “Terms and Conditions”, “Terms” ).
The site reserves the right to change the Terms and Conditions at any time without prior notice to its clients. However, changes will be posted on this page and notification will be sent to all clients at the time of the terms and conditions alterations. . If you do not accept any changes to this Terms and Conditions please refrain from using the site and the services we provide also inform us to close or withdraw all products related to you as well as your user account.
Ensure you review the Terms and Conditions below carefully before using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification. Should you have any questions or concerns regarding these terms, please contact us before acceptanc

1.Client’s Provisions
Client will provide all text to be used in web pages and graphic designs, unless otherwise negotiated. Client agrees to provide every submission in a timely manner.
We do not accept offensive, illegal, pornographic, deceptive and copy right infringing contents. We reserve the right to make judgments about whether content is appropriate and to choose not to offer it

2. Copyrights and Trademarks
All materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied by the client should have the relevant copyrights, licenses and permissions for use in the commissioned project. We will not accept responsibility/liability for infringements caused by any wrongly supplied materials.
The client represents to us and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to us for inclusion in web pages or graphic designs are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and the site from any claim or suit arising from the use of such elements furnished by the client.
It remains the Client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Client by the Company.

3. Our Obligations
We agree to provide photos for the web design services and graphic designs. Any photos acquired by us for inclusion in the client’s website or graphic designs remains the property of Soft Prints and Media and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed by notice.
We agree to complete website design and graphic design projects within a time frame agreed upon with the client.
We reserve the right to commission freelance support or outsource any job if it felt it is in the best interests of the Client. Any outsourced job remains the property/responsibility of the site and such services are deemed to be carried out ‘indirectly’ by the site.
We will have a lien over any product, data or materials if all payments due from you have not been paid and cleared in full within 1 month from the date of the invoice. We reserve the right to withhold supply of services; this includes recalling services such as hosting of websites.
We use a third party to host the Site, the Software data and to provide communication services. That third party undertakes to provide its services at industry standards. All parties rely upon the services of other telecommunications operators. Accordingly, We do not warrant that the Services will be uninterrupted, error free or that the delivery of e-mails or SMS text messages will be without delay.
We will endeavor to ensure that any third parties involved in the supply of the Services take appropriate security measures to protect Data.
It may be necessary to temporarily suspend the Services from time to time to carry out maintenance of equipment; such suspensions will be limited. However, the Services may also be suspended (in whole or part) where Soft Prints and Media Resources Limited or the third party host is obliged to comply with an order, instruction or request of government, a court or other competent administrative authority or an emergency service organization.
We shall provide Services to the Client for the duration of this agreement and will use its reasonable endeavors to provide the Services in a professional manner.

4. Charges
All charges are required to be paid in full before any work begins and Annual Subscriptions are to be paid as at when due. The client understands that the final website design belongs us until all invoices are paid in full.
Once the final invoice is paid in full, the client has the right to use all contents of the website design and graphic design in all media useful for business promotion and that we reserve the right to display the website for business promotional use.
All charges & prices for services carried out by the Company are subject to VAT (where applicable) at the prevalent rate.
All charges are based on expected or agreed design rate and include two sets of authors corrections where alterations are called for by the Client, or if additional changes are required by client.
Where there is a change of brief, we will inform the Client in advance of any extra costs likely to be incurred.
Where Client does not pay the annual subscription for more than one (1) month, a reactivation fee of 5% of the anual subscription is required

5. Deadlines
All projects are planned to an agreed schedule. Non-adherence to this schedule by the Client may result in compromising final delivery deadlines. If this is likely to occur, the Company will advise the Client as soon as this becomes evident and suggest an alternative solution where feasible.
Every effort will be made to achieve agreed delivery, we cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any product or services which is outside of the our control.

6. Completed and Delivered Design Projects
Once final proofs/materials have been signed off, we cannot be held responsible financially or otherwise for any errors relating, programming or alteration of any end product.

7. Dispute
In the event of any bonafide dispute or difference arising between the parties in connection with these terms and conditions (excluding any dispute relating to non payment of the Charges, for whatever reason), representatives of the parties shall, within 30 days of notice being given by either party to the other, meet in good faith for a private and confidential binding arbitration before a single arbitrator held in Nigeria in English language and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time.
The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party.
Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
It is the responsibility of the Client to inform the Company immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, and deadline), without such information, no disputes will be entered into.

8. Force Majeure
The company shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond it’s control including (without limiting the foregoing), Act of God, Legislation, theft, computer failure, Illness, injury, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply, Lock out, Strike by employees in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract which may result in a delay of unpredictable length. During the continuance of such a contingency the Customer may, by notice, elect to terminate the contract and pay for work done and materials used, but subject thereto, shall otherwise accept delivery when available.

9. Project Cancellation
If at any point during the design or development cycle a client wishes to cancel, they may do so but will not be entitled to any refund of any payment made already for the products or services.

10. Termination of Agreement
In the event of termination of this Agreement, All creative work, digital, software files and related correspondence produced and devised during the project, remain the property – physically, intellectually and in copyright of Soft prints and media. However the domain name, will be returned to the client.

11. Request for Printing & Delivery of Designed Items
In the event of any request for printing and pickup or printing and Delivery of any designed item according to your specified requirements, a quotation will be sent to your email along with an online payment link regarding the request.
We make use of third party courier company in the delivery of our printed products if the Client will not be picking up the items in our office. That third party undertakes to provide its services at or above industry standards.
Every effort will be made to achieve agreed delivery however, we cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any product or services which is outside of the our control.

12. Acceptance
You accept these Terms and Conditions and agree to be bound by it by either (a) clicking I agree or accept where you’re given the option to do so or (b) by using the site, or any part of it. If you don’t accept the terms, you are not entitled to use the services we provide . If the content owner is an entity, the individual person who accepts these Terms and Conditions for the Owner represents and warrants that he or she is entitled to enter this Agreement as an authorized representative of the owner and to bind The Owner to these Terms and Conditions.
The parties warrant that they have the power and authority to enter into the Agreement and perform its obligations according to these Terms and Conditions
These terms and Conditions shall be considered to be a contract made in Nigeria and Nigerian law shall apply in all respects to this agreement and the parties agree to submit to the exclusive jurisdiction of the Nigerian courts.