Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by Suprocks (hereinafter referred to as Gpacks.com) and in the event of any dispute are governed by the laws of India and any judicial problems solution in Delhi (India) region.
All work is carried out by Gpacks.com on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Gpacks.com 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 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 Gpacks.com, unless specifically agreed in writing.
At the time of proposal, Gpacks.com will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Gpacks.com 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 Gpacks.com.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the Gpacks.com Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Charges for custom or spacial request of design services to be provided by Gpacks.com 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 or return back email approval of that 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.
We will supply proofs and (PDF/JPG with watermark for custom design) files as appropriate for printing, or other graphic files as detailed in the job scope or request.
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.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to Gpacks.com.
Any invoice queries must be submitted by email within 7 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Base Rate plus 8% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card.
Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery.
Publication and/or release of work done by Gpacks.com on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of Rs. 1000/- per returned cheque. Gpacks.com reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Gpacks.com shall be entitled to remove Gpacks.com‘s 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 all Gpacks.com ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Gpacks.com 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 Gpacks.com on behalf of the customer, will remain the property of Gpacks.com 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 Gpacks.com, the necessary permission to use materials (for which Gpacks.com holds the copyright) in forms other than for which it was originally supplied, and Gpacks.com 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.
By supplying images, text, or any other data to Gpacks.com, the customer grants Gpacks.com permission to use this material freely in the pursuit of the design.
Should Gpacks.com, 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 Gpacks.com to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Gpacks.com 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.
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 Gpacks.com holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Gpacks.com, 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 the express written consent of Gpacks.com and any of its relevant sub-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.
Gpacks.com will not be held responsible for any and all damages resulting from such claims.
Gpacks.com is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Gpacks.com responsible for any such loss or damage.
Any claim against Gpacks.com shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Gpacks.com’s definition of acceptable means of supplying data to the company.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Gpacks.com via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Gpacks.com will not be held responsible for any image quality which the client later deems to be unacceptable.
Gpacks.com 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, colour correction and alteration of images
Design Project Duration
Any indication given by Gpacks.com of a design project’s duration is to be considered by the customer to be an estimation. Gpacks.com 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 Gpacks.com for the initial payment or by date confirmed in writing by Gpacks.com.
Rights of Access for Website Construction
The client agrees to allow Gpacks.com all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The customer also agrees to allow Gpacks.com access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply Gpacks.com with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.