MyKreative
PRIVACY POLICY
TERMS & CONDITIONS
This privacy policy sets out how Mykreative Ltd uses and protects any information that you give Mykreative Ltd when you use this website. Mykreative Ltd is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Mykreative Ltd may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st July 2012.
Collection of Data
Collection of Data We may collect the following information:
Name and job title
Contact information including email address
Demographic information such as postcode, preferences and interests
Other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping. We may use the information to improve our products and services. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Cookie usage
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Website Links
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at mike@mykreative.co.uk. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Mykreative Ltd, 159 Dunstone View, Plymouth, Pl9 8QJ. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
TERMS AND CONDITIONS
The following Terms and Conditions of Service apply to all products and services provided by Mykreative Ltd and in the event of any dispute are governed by the laws of England.
All work is carried out by Mykreative Ltd on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Mykreative Ltd 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 Mykreative Ltd, unless specifically agreed in writing.
Project Acceptance
At the time of proposal, Mykreative Ltd will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Mykreative Ltd 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 Mykreative Ltd.
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 Mykreative Ltd Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Design Charges
Charges for design services to be provided by Mykreative Ltd 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 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.
Source Files
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Payment
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 Mykreative Ltd.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Payments may be made by online transfer.
Payments made by cheque must be previously agreed and may be subject to an administration charge.
Publication and/or release of work done by Mykreative Ltd on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of £50 per returned cheque. Mykreative Ltd reserves 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. Mykreative Ltd shall be entitled to remove Mykreative Ltd ‘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 Mykreative Ltd ‘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 Glazier Design 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 Mykreative Ltd on behalf of the customer, will remain the property of Mykreative Ltd 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 Mykreative Ltd, the necessary permission to use materials (for which Mykreative Ltd holds the copyright) in forms other than for which it was originally supplied, and Mykreative Ltd may, at its discretion, grant this. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not Mykreative Ltd.
By supplying images, text, or any other data to Mykreative Ltd, the customer grants Mykreative Ltd permission to use this material freely in the pursuit of the design.
Should Mykreative Ltd, 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 Mykreative Ltd to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Mykreative Ltd 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.
Amends and alterations
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 Mykreative Ltd holds 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 Mykreative Ltd, 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 Mykreative Ltd 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. Mykreative Ltd will not be held responsible for any and all damages resulting from such claims. Mykreative Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Mykreative Ltd responsible for any such loss or damage. Any claim against Mykreative Ltd shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to Mykreative Ltd’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Mykreative Ltd in electronic format as standard text (.txt), MS Word (.docx)  or via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Mykreative Ltd via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Mykreative Ltd will not be held responsible for any image quality which the client later deems to be unacceptable.
Mykreative Ltd 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
Project Duration
Any indication given by Mykreative Ltd of a design project’s duration is to be considered by the customer to be an estimation. Mykreative Ltd 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 Mykreative Ltd for the initial payment or by date confirmed in writing by Mykreative Ltd.
Rights of Access for Website Construction
The client agrees to allow Mykreative Ltd 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 Mykreative Ltd 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 Mykreative Ltd with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Project Completion
Mykreative Ltd considers the design project complete upon receipt of the customer’s signoff email. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website design only
Mykreative Ltd require that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, Mykreative Ltd will provide the customer with the opportunity to review the resulting work. Mykreative Ltd 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 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 Mykreative Ltd by e-mail.
Mykreative Ltd 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
Mykreative Ltd offers a limited hosting services through an out-sourced 3rd party partner company. Mykreative Ltd does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Mykreative Ltd may request that clients change the type of hosting account used if that account is deemed by Mykreative Ltd to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Mykreative Ltd’s virtual server 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 Mykreative Ltd are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
Domain Registration
Mykreative Ltd cannot guarantee the availability of any domain name. Where Mykreative Ltd is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Mykreative Ltd cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Mykreative Ltd recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
Design Credits
The customer agrees to allow Mykreative Ltd to place a link to the client’s site on Mykreative Ltd’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Mykreative Ltd 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. Mykreative Ltd also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Mykreative Ltd does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Mykreative Ltd to remove the contravention without hindrance, or penalty. Mykreative Ltd is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail. 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.
Disclaimer
Mykreative Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Mykreative Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. Mykreative Ltd 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 Mykreative Ltd responsible for any such loss or damage. Any claim against Mykreative Ltd shall be limited to the relevant fee(s) paid by the customer. Mykreative Ltd 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. Mykreative Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Mykreative Ltd 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. Mykreative Ltd 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
Mykreative Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Mykreative Ltd n, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.mykreative.co.uk. An estimate validated by the customer’s email, text or phone call, 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 client and Mykreative Ltd.