Terms & Conditions

Effective January 3, 2022
We work well with our clients because our relationships are based on honesty and trust, but all work needs guidance in the form of terms and conditions. Well, here are ours, drafted by a lawyer of course.

D’Carter Services is committed to excellence and because client satisfaction is one of the top priorities, we respond to our Clients creative needs, by offering innovative designs, friendly service and a personal experience.

Policy validity: This policy applies to all graphic design and print services provided by D’Carter Services. This policy is amended from time to time and this page will always show the version of the policy that is currently in effect.

Regards,
Amelia Rhoden
CEO/General Manager

The following terms have been tailored throughout ten years of design experience to protect both The Client and Design Company during a working relationship, built on trust.
By using our graphic design and our print services you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this business. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions.
D’Carter Services (“DCS”) reserves the right to make changes to its website and to these Terms and Conditions at any time without prior notice. You should review these Terms and Conditions prior to placing any graphic or print order.
You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or by sending an e-mail to the e-mail address you provided to us or via Whatsapp to a number reachable by the Client. You may withdraw your consent to receive communications from us electronically by contacting us via email or Whatsapp. However, if you withdraw your consent to receive our communications electronically, you will be opt out of receiving information about promotions.

Prices

Prices at D’Carter Services can change at any time. In case of any price mistakes, DCS reserves the right to change or cancel the order.
All prices and amounts given from D’Carter Services are in Jamaican Dollars (JMD), unless otherwise noted.

Payment Schedule

Because a lot of time, effort and dedication goes into providing The Client with the perfect design, The Client is required to pay at least 50% deposit prior to work commencing for design services. The Client is required to make full payment for products and or services which require additional materials (i.e, fans, shirts, mugs, banners, key rings, etc). The project will only be scheduled and uploaded to the internal workflow system once the down payment is received and confirmed by D’Carter Services. The down payment of 50% is non-refundable. The remaining 50 % is payable to D’Carter Services upon completion of the project, before the original artwork and open file format will be supplied or delivered to The Client. Please note this is a strict Company policy.
Please note that we currently do not accept credit cards as a form of payment. Payments made via cheques will have to be cleared before the order is supplied or delivered to The Client. Our main mode of payments is Cash or Wire Transfer or a combination. Wire transfers are to be made to the Sagicor business account D’Carter Services unless indicated otherwise.

Delayed Payment

If, after the project has commenced, proofs have been sent through and completed within 30 days or the deadline specified, subsequent invoices are not paid within 20 days, a 5% “delayed payment” fee will be charged. This initial 5% figure will be added upon each recurring 20 day period until the full amount has been received by D’Carter Services.

Order Deadlines

D’Carter Services works to acceptable deadlines (unless a disaster strikes). In order to do this for you, however, it is important that you hit every deadline, too.
Print ready artwork must be supplied by the order deadlines quoted by a DCS representative or Manager. Our production deadlines and turnarounds only start once artwork has been correctly supplied or signed off.
We will rely on you to keep the project flow going with your approvals and sign-offs, as well as getting the content for your design project in a timely manner—typically before any design can begin. Out-of-contact time and delays in approvals will directly affect the project schedule, necessitating our moving deadlines and milestones back accordingly, but note that payment milestones will remain as scheduled. By signing or agreeing this document, you acknowledge your responsibilities in keeping the project on-schedule.
If The Client fails to deliver necessary content, resources, or feedback by the time D’Carter Services deems crucial to any deadline, all deadlines and milestones (except payment milestones) will be adjusted accordingly.
The Client’s failure to meet timeline/milestone or content obligations for a period of 7 days or more will result in reallocation of resources and work on the project will be delayed or may cease.

Rights and Ownership

The Client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee. For graphic design services that was costed as a package, the package amount is a percentage of the overall cost. All products remain the property of D’Carter Services, until fully paid for.

Client Feedback

The Client should be prepared to offer some initial feedback as to how closely the suggested designs meet with their general needs and expectations. The Client should select the design strategy that best suits their needs and assemble and deliver a list of any desired discussion points for revision (if necessary) to D’Carter Services. The Client is more than welcome to combine elements from the different looks to create a FINAL look within two revision rounds. The Client will then approve/signoff on the final design strategy.

Revisions

All projects include 2 Revision Rounds. Should extra revision rounds be required a separate quotation will be supplied accordingly. D’Carter Services cannot and will never limit The Client to change their minds. Though the price at the beginning of the contract is based on the length of time that D’Carter Services estimate they’ll need to accomplish everything as requested to be achieved, additional estimates can be requested for any further or additional changes to be implemented. The Client must assume that, after sign-off, all additions, alterations, changes in content, layout or process changes requested by The Client, will alter the time and cost.

Additions and Alterations

New work requested by The Client and performed by D’Carter Services after ATP (agreement to proceed), is considered an addition or alteration (extra revision round). If the job changes to an extent that substantially alters the specifications described in the original estimate, D’Carter Services will submit an additional quotation to The Client, and both parties must agree to the revised or additional fee before further work proceeds.

Backup

D’Carter Services is not responsible for the Backup of any Final Designs once supplied to The Client as stated above. After final sign-off & delivery, backup arrangements can be quoted for separately if requested for by The Client.

Third Party Contracts

D’Carter Services reserves the right to employ third party contracts via outsourcing with other creative professionals to provide services that are not offered in-house. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement, unless requested by The Client at a later date.
Third Parties to consider: • Photographers • Videographers • Copy Writers • Printers

Any design, copywriting, drawing, idea or code created for the customer by D’Carter Services, 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 D’Carter Services and any of its relevant sub-contractors.

Files and Artwork

The Client is held responsible for all content and images used on the artwork. We do not spell or grammar check work and cannot be held responsible for spelling, grammar or contact information errors on the artwork.
DCS cannot be held responsible if the client supplies copyrighted images on their artwork.
Artwork not designed by DCS must be supplied with a 3mm bleed on each side of the artwork, 2mm for business cards. Important information must be placed at least 6mm from the edge of the artwork. We cannot be held responsible for information that is trimmed too close to the edge if you have not followed our guidelines.
All PDF documents must be supplied flatted and saved as a file.

Two-Sided Artwork

Customers who require two-sided prints not designed or set-up by DCS must submit artwork so that the two sides (front and back) of the finished product back up correctly. For flat, folded and die-cut work, excluding bound products, all pages are backed up head to head (top of the proof on one side lines with top of proof on other side). The head of one side backs up to the head of the other page on two sided work. D’Carter Services recommends that you always print the proofs and back them up head to head to make a folding model to ensure that your artwork is set up properly, please do this BEFORE you submit the front-side and back-side artwork.

Any adjustment required will come at an additional cost.

Rights of Refusal

D’Carter Services 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. D’Carter Services also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that D’Carter Services does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow D’Carter Services to remove the contravention without hindrance, or penalty. D’Carter Services is to be held in no way responsible for any such data being included.

Disclaimer

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

D’Carter Services 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. D’Carter Services will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

D’Carter Services and its 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. D’Carter Services 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.

General

All the terms and conditions and/or any transactions occurring online at www.dcarterservices.com, via email or by phone are subject to Jamaica’s law. DCS is not responsible for the delay and/or damages resulting from Machinery Breakdown, Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo. The Client’s order shall be deemed an acceptance of DCS terms. The Terms and conditions shall in all respects be governed by Jamaican law.

Reservations

All orders are subject to acceptance by DCS. We reserve the right to reject any order at any time without recourse. We also reserve the right to change the price at any time even after we receive the order.

Promotion & Usage Rights

D’Carter Services has the right to use the digital formats of all completed designs for publication or other promotional purposes and for these purposes only.
All design work and photography will be allowed for use by D’Carter Services for portfolio purposes, in exhibitions, on the website and in print for the sole purpose of advertising D’Carter Services’s services.
The customer agrees to allow D’Carter Services to place a small credit on printed material exhibition displays, advertisements and/or a link to D’Carter Services 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 or side of the page.

Returns

Due to the nature of the product, no returns can be made once the order is processed and/or shipped. Any claims for defects, damages, or shortages must be made in writing within two (2) business days after receipt of the merchandise. We will replace only those orders that were processed incorrectly. The replacement of the order will take place only after the receipt of returned merchandise. We will not replace the order if it is determined by us that the order was misused or mishandle by the Client or part of the order was used by the Client and part of the order is being returned.

Shipping

DCS will arrange for shipping with the carrier on behalf of the Client. The Client will be fully responsible for the shipping and handling cost for overseas delivery. DCS will not be responsible for the delay in delivery, loss or damage of the order while the order is with the shipping carrier. Please note that delivery costs will be quoted in Quotations and/Invoices unless specified otherwise.

Cancellations

A cancellation fee for work commenced or completed shall be paid by The Client, with the fee based on the stage of project completion. The fee will not exceed 100 % of the total project cost. This fee will be based on hours already spent on the project.
If after project commencement, client communication (face-to-face, telephone, or email) stops for a period of 30 days, the project can be cancelled by D’Carter Services.
There upon, D’Carter Services can choose to cease further work on the project.

Communication

D’Carter Services can be reached by telephone or email from Monday to Friday between 8:00am and 7:30pm, Saturday 9:00am and 8:00pm or by a best schedule appointment agreed upon. Communications outside of these hours are only reserved for clients with detail specific orders. A 1-on-1 sit-in meeting with designer will be billed at an hourly rate of $1000/hour. All revisions to be supplied ONLY in written format via e-mail, no revisions will be commenced, based on telephonic requests/discussions.

General

An estimate validated by the customer’s signature on the estimate or quotation form, or by email, or by Whatsapp, or verbally, 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 D’Carter Services.

Payment

Orders are accepted on the basis of payment in advance, Direct Debit or bank transfer payment. We do not provide credit facilities for print services and orders will not be processed until payment has cleared.

Warranty

DCS neither makes any explicit warranty nor implies or accepts any responsibility other than possible replacement of the products that The Client is buying. DCS may but does not guarantee the replacement of the defective product, or credit the amount of the purchase price.

Product Quantities and Defect Tolerances

We always overprint however some prints may be damaged during the finishing process (trimming, folding, packaging, etc). Allow for 10% short quantities.

Lastly

In order for us to obtain a high-level of excellence, your commitment to this project is highly valued and will be directly reflected in the results. By hiring D’Carter Services you’ve enlisted the expertise at how best to accomplish the goals that both parties have defined. In order to accomplish those goals we require your participation and cooperation – even if you don’t fully understand some of the elements or designer terms (which we’ll work hard to make clear). In the end, we can only accomplish what we are allowed to accomplish; the quality of the result will depend significantly on the quality of your participation.