1. WEBSITE TERMS & CONDITIONS
1.4 WEBSITE PRIVACY
1.4.1 Our web servers do not automatically record e-mail addresses or any personal information of the visitors.
1.4.2 We may use your IP address and/or domain name for the sole purpose of examining our website traffic and other analytics. The domain name and IP address reveal nothing personal about you other than the IP address from which you have accessed our site.
1.4.3 The information we collect may be used to improve the content of our web site, used to notify consumers about updates to our web site, and for communications such as customer service.
1.5 LINKED WEB SITES
1.5.1 This website may contain links to other websites which are provided for the convenience of the viewer. These links may not remain current or be maintained and should not be taken as a form of endorsement, approval, recommendation or preference.
1.5.2 Any party seeking to link this site either directly or from within a frame-set must first seek consent from the owner.
1.6 ARTIST’S COPYRIGHT
1.6.1 This website and all its contents – unless otherwise specified – is the copyright property of Ellephant Studios.
1.6.2 All works featured are protected by copyright law. All images are protected by international copyright laws and are the property of the artist unless otherwise stated.
1.6.3 You may download, display or print and reproduce this material in an unaltered form only (retaining this notice) for your personal, non-commercial use. Under the Copyright Act (1968) you may not, in any form or by any means:
A. adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this web site;
B. commercialise any information, products or services obtained from any part of this web site, without the written permission of Ellephant Studios or the respective artist.
1.6.4 Any reproduction or use of any content on this site without the written consent of the owner (or unless expressly authorised by law) is prohibited.
2. TERMS OF SERVICE
2.1 These Terms of Service shall apply during the period of use of the services of Ellephant Studios and/or Jozzelle De Jesus.
2.2 This agreement shall commence on the date of availability of the services and will remain in effect for an initial term of contract or separately agreed between the parties; any exception may only be granted in writing.
2.3 All quotations given are estimates only, unless otherwise negotiated and noted in writing on your quotation.
2.4 All draft concepts previewed by the client are for client review and comment purposes only. Until final design balance is received, all logos, artwork, concepts and designs remain the copyright and exclusive property of Ellephant Studios.
2.5 Ownership of the final artwork becomes the full property of the client only upon payment of all fees owing. Until the contract is paid in full, all materials remain property of the artist.
2.6 We reserve the right to utilise and/or reproduce any image, logo or illustration created by the company in advertising, electronic, traditional reproduction, or to display the work in corporate portfolios, unless exclusion is explicitly requested in writing by the client.
2.7 CLIENT RESPONSIBILITIES
2.7.1 The client unconditionally guarantees that any element of text or graphics provided for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organisation.
2.7.2 It is the client’s responsibility to ensure that the name of their product, company, or service is not already in use. It is the client’s sole responsibility to secure a service mark or trademark to protect the rights to any name or image.
2.7.3 Any and all revision requests or project additions/alterations MUST be sent to the project manager in writing. Revisions may be discussed verbally however, no work will be done until the client submits their revisions in writing, either by email or mailed letter.
2.7.4 It is the client’s responsibility to provide notification if payment will be late.
2.8.1 A 20% upfront payment of the service is required to commence any project upon client approval. Work will commence once the payment has cleared.
2.8.2 All invoices are payable on receipt, within 14 days from the issue notice.
2.8.3 After 30 days, a late payment charge of 2% per month is applied to all outstanding accounts, without exception and retroactive to the date of invoice.
2.8.4 If the account remains in default after 90 days, or if the customer’s payment is charged back to us, we will issue one final warning before turning the account over to a third-party collections agency or appropriate legal avenues.
2.8.5 Late fees will continue to accrue on your account, and you will be responsible for all costs incurred for placing you in collections.
2.8.6 If collection efforts are unsuccessful, we will engage the client in litigation to collect the debt, and all copyright will remain with or revert to Ellephant Studios. In such a case, we retain the right to repossess any and all materials created for the client. The client will have no rights to use the materials in any way, shape or form, and legal action will be taken to enforce this policy.
3. REFUND POLICY
3.1 Clients reserve the right to cancel any services at any time but the following conditions will be enforced:
3.1.1 Initial Consultation – No charges are applicable as consultation is free to get a free quote
3.1.2 Green Light – No charges if the client does not provide approval for the project. The 20% deposit is required at approval and can be refunded within the first 48 hours if the client has changed their mind
3.1.3 First Draft & Production – The 20% deposit will not be refunded at this stage as production has commenced. Special considerations may apply.
3.1.4 Final Approval – If the client has reached the final stages and decide to withdraw, the 20% deposit will not be refunded and the full payment will be required from the client.
3.2 Any designs and intellectual property for the project will remain the property of Ellephant Studios
4.1 Client accounts and project file archives are stored on a dedicated, secure, in-house server that is not accessible (physically or otherwise) by anyone other than Ellephant Studios and/or any sub-contractors and employees.
4.2 We may request certain information. This information does not get shared with any person or entity, other than as set out in this policy.
4.3 No other third party receives your personally identifiable information or other transaction data except for those with whom you have transactions and share that information.
4.4 We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
4.5 We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.
Should you wish to discuss any of the above information further, you may contact us by sending an enquiry.