Terms & Conditions

The small print…

This is the Terms & Conditions for Antonio Facciponti. In this document, "we", "our", or "us" refer to Antonio Facciponti trading as Facciponti.com, operate and own the websites Facciponti.com, Tently.co.uk, Seriocomic.co.uk. The terms “you” and “your” refer to the user or viewer of our Website.

Our website, logo and all of our products are protected by author rights and copyright. Any reproduction, whether of the whole or part, of our website or of our products is strictly unauthorised and prohibited.

By placing any order with us, you confirm that you are at least 18 years old and are legally capable of entering into binding contracts.

If you have any queries about any of the terms and conditions listed below, please do contact us at support@facciponti.com.

Our office is at Buzz Lockleaze, 6 Gainsborough Square, Bristol BS7 9XA.

The following Terms and Conditions of Service apply to all artwork, graphic design, print and other services provided by us.

All design work is carried out by us on the understanding that the client has agreed to abide by our terms and conditions.

Copyright of all graphic design work is retained by us including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.

If multiple design concepts are submitted, only one concept is deemed to be given by us as fulfilling the contract. All other artwork designs remain our property unless agreed in writing.

Project Acceptance

Queue System

We process's your design requests in the form of a queue system, starting from the earliest request. Until you accept or cancel the current design task we’re working on, we will not be able to start working on your next request. We have a limit on how many requests we simultaneously work on and it is determined based on your plan choice. The service desk can be found at support.facciponti.com.

Acceptance of Written Estimate or Quotation

We will provide the customer with a written estimate or quotation by post, email or through the provided service desk found at support.facciponti.com as requested.

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 us by email, post or through the provided service desk found at support.facciponti.com. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept our terms and conditions. No work on a project will commence until either document has been received by us.

As the customer, you enter into this contract on behalf of your client, company or organisation. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way, we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage.

Services

Unlimited Monthly Graphic Design

Our unlimited monthly graphic design service offers simple graphic design work that can be done in a few hours and is meant for small businesses to keep their print materials, website and social media profiles up-to-date. You cannot use our service to resell or distribute our work on graphic design marketplace sites. You can use our unlimited monthly graphic design service for your business or on behalf of your clients.

• There are no guarantees on how many designs you can receive per month
• All design requests must be done via our ticketing system unless otherwise requested
• You must provide relevant information regarding your request in order to deliver your designs
• If you require any revisions of your design work, we’ll keep making adjustments while you’re paying for our services

Charges for Additional Services

Charges for any additional services over and above the estimated design will be made known to the client. They will become fully payable at the time of project acceptance.

One-Time, Web Design, Brand Development and other Quoted Graphic Design

Our one-time graphic design service offers simple graphic design work that can be done in a few hours and is meant for small businesses to keep their print materials, website and social media profiles up-to-date. You cannot use our service to resell or distribute our work on graphic design marketplace sites. You can use our one-time graphic design service for your business or on behalf of your clients.

Fees for all design services to be provided by us 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 on projects worth over £500.00. Work on the project will not commence until we have received this amount.

Website Design Only

Once web design is complete, we will provide the customer with the opportunity to review the resulting work. We will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to the placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to us by post, email or through the provided service desk found at support.facciponti.com.

We will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

Hosting Websites

We offer a limited hosting service through an out-sourced server. We do not guarantee continuous service and will accept no liability for loss of service, whatever the cause. We may request that clients change the type of hosting account used if that account is deemed by us to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for our hosting service are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and we are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer/domain owner.

Duration and Renewal of Hosting Services

Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in writing will automatically be renewed for the billing period chosen on sign up. You are entitled to cancel the Services by contacting us no less than 3 months prior to the renewal date for your Services.

Remote Support Services

Remote Support software allows us to more efficiently resolve issues by remotely connecting to computers over the internet enabling us to see what is on the client's computer screen and with the use of a mouse and keyboard operate their computer. Usage is limited to the purpose of customer support, education and problem resolution.

Fees for our Remote Support Services are due at the commencement of any period of service and are non-refundable. International customers will be required to make a booking and payment prior to the support being given.

When you agreed to use our remote service, you will need to initiate a secure connection with one of our support engineers. To create this connection, you will download the software from a link that can be emailed to you or downloaded from our website.

After use, the software installed can either be removed from your machine or left on for future use in either an activated or deactivated state. This choice is yours and you should indicate to our technical support representative which option you prefer.

We treat all data in strict confidence – you can view our Privacy Policy here: Facciponti.com - Privacy Policy

The Software

We use the software ‘Remote Utilities Quick Support’ to provide remote assistance and technical support. Features of this software include:

• Easy to use and secure. You are in full control and can end the session at any time.
• Completely secure data channels with key exchange and AES (256 Bit) session encoding, the same security standard used in HTTPS/SSL technologies ‐ the gold standard in security on the internet.
• Ability to diagnose and resolve problems remotely.
• Allow your support representative to view or control your desktop.
• Transfer files via a direct transfer to or from the support representative (client permission required).
• When agreed and required ‘Remote Utilities Remote Host Support’ can be installed onto a computer to enable unattended remote access.

Other Services

Charges for other services provided by us will be made known to the client. They will become fully payable at the time of project acceptance.

Requirement and Change Requests

All requests must be done in writing so we can keep track of changes.

Copyrights and Trademarks

By supplying text, images and other data to us for inclusion in the customer’s brochure or another 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 us on behalf of the customer, will remain our property and/or its suppliers, in which full copyright will be passed to the client upon receipt of full payment.

By supplying images, text, or any other data to us, the customer grants us permission to use this material freely in the pursuit of the design and to utilise the designs in our portfolio unless agreed otherwise.

Should we, 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 us to remove and/or replace the file.

The customer agrees to fully indemnify and hold us 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 required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that we hold no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by us, or any of its contractors, is licensed for use by the client on a one-time-only basis and may not be modified, re-used, or re-distributed in any way or form without our express written consent and any of its relevant sub-contractors.

All design work where there is a risk that another party may 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. We will not be held responsible for any and all damages resulting from such claims. We will not be held responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold us responsible for any such loss or damage. Any claim against us shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to our definition of acceptable means of supplying data to the company.

The text is to be supplied to us in electronic format as standard text (.txt), MS Word (.doc) on CD, USB data stick, or via e-mail.

Images which are supplied in an electronic format, are to be provided in a format as prescribed by us via CD, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and we will not be held responsible for any image quality which the client later deems to be unacceptable. We 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 us of a design project’s duration is to be considered by the customer to be an estimation. We cannot be held responsible for any project over-runs, whatever the cause.

Design Project Completion

We consider the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the client's behalf constitute a separate project and can be treated as a separate charge.

Design Credits

The customer agrees to allow us to place a small credit on printed material, exhibition displays, advertisements and/or a link to our 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 us to place all designs on our own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise

Fees

Unlimited Monthly Graphic Design

You must pay for your unlimited graphic design service at the beginning of each period. By signing up to our monthly graphic design service, you authorize us to charge your default method of paying our fees based on your billing frequency. In the event of non-payment, we have the right to cancel your subscription and suspend our services.

One-Time, Web Design, Brand Development and other Quoted Graphic Design

The client will be asked to provide artwork sign off before being issued with an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charge of 8% plus the Bank of England base rate per month of the outstanding amount.
Payments may be made by Bacs, cheque, or previously agreed on electronic funds transfer.

Returned cheques will incur an additional fee of £50 per returned cheque. We reserve the right to consider an account to be in default in the event of a returned cheque.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. We shall be considered entitled to remove our and/or the customer’s material from any and all computer systems until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay us reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Price Changes and Promotions

We have the right to change our prices without any advance notice for any reason. But we will do our best to inform you at least 14 days before any price increase.

From time to time, we might offer temporary promotions or price cuts for any of our fees. These promotional fees are only available for our new customers.

Rights of Refusal

All job requests are subject to approval. We have the right to reject a job request if we feel like your request doesn’t match our monthly design service description or you are abusing our services.

We 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. We also reserve the right to refuse to include submitted material without giving a reason. Any images and/or data that we include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow us to remove the contravention without hindrance, or penalty. We are to be held in no way responsible for any such data being included.

Cancellation

Unlimited monthly graphic design service

Our unlimited monthly graphic design service subscribers can cancel within the first 7 days before your risk-free trial period (available only for our first-time subscribers) is up or before your next billing date to prevent any further charges. If you cancel on or after the next billing date, we can’t offer any or partial refunds.

Monthly fees are non-refundable. We do not offer any refund if we reject your graphic design request due to its complex nature.

We have the right to cancel your subscription without any advance notice for any reason.

Other Services

Cancellation of orders may be made initially by telephone, however following this, we will need formal notification in writing to the company’s postal address or 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 of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by us within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

We make no warranties of any kind, express or implied, for any and all products and/or services that it supplies. We will not be held responsible for any and all damages resulting from products and/or services it supplies. We are 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 us responsible for any such loss or damage. Any claim against us shall be limited to the relevant fee(s) paid by the customer.

We reserve 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. We will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

We and our clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. We recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

Remote Support Disclaimer

Whilst we embark on taking all due care in the use of your computer, we cannot guarantee this service will resolve your IT problem or that the attempt to resolve technical issues will not cause additional problems requiring an onsite or back‐to‐base support call.

We are not liable for any consequential damages and it is the client’s responsibility to backup all applications and data prior to the session. NB. Please close any personal or confidential information on your screen, as the technician will be viewing your desktop.

By using this Remote Support Service, you understand that:

• All remote service and software are provided at the customer’s sole risk.
• You are responsible for the backup of your data and applications.
• We are not liable for consequential damages of any kind.
• We are not liable for unauthorised access to anybody's computers via the remote software ‘Remote Utilities Remote Support’.
• We will not disclose passwords or IDs to any undisclosed 3rd party.

The ability for us to remotely access your computer significantly enhances our ability to resolve your technical problem quickly.

You understand that, by requesting such assistance, you are providing our technical support personnel with access to and control of your computer.

In doing so, you could be providing our technical support personnel with access to files that reside on your computer therefore, you accept responsibility for any changes made to the desktop content or system settings.

We do not assume and are not responsible for any liability for the linking and viewing of any desktop content, the operation of the remote access software or system performance.

We recommend that, for your security and privacy, you exit any open applications that contain personal or confidential information before initiating a remote support session with our representative.

We further recommend that you remain seated at your desktop throughout the entire remote session.

By accepting these terms and conditions, you acknowledge that remote intervention may in some cases result in data loss and/or software corruption on your computer, we explicitly recommend that you back up the data from your computer before accepting remote technical support. If you do not back up your data, you run the possibility of irretrievable loss of such data and we will not be liable for any data or extra costs incurred from 3rd parties however caused.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. We reserve the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Quotation and Terms and Conditions

The placement of an order for design and/or any other services offered by us and validated by the customer’s signature on the estimate or quotation 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 us.