Service Terms & Conditions
TERMS & CONDITIONS
The following Terms and Conditions of Service apply to all products and services provided by We Make Them (hereinafter referred to as “We Make Them” or “WMT” or “The Company”) and in the event of any dispute are governed by the laws of Malaysia.
All work is carried out by We Make Them on the understanding that the client (“The Client”) has agreed to our terms and conditions.
Copyright is retained by We Make Them 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 a campaign theme, campaign plans; strategy; copywriting; or 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 campaign plans; strategy; copywriting; or designs remain the property of We Make Them, unless specifically agreed in writing.
At the time of proposal, We Make Them will provide the client with a written estimate or quotation by email or SMS or WhatsApp or Telegram or FB Message or Instagram Direct Message. These Terms and Conditions can be read at any time on the We Make Them website.
A copy of the written estimate or quotation is to be signed and dated by the client to indicate acceptance and should be returned to We Make Them.
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, WhatsApp Messages, Telegram Messages, Instagram Direct Message or any other form of communications acknowledging acceptance of the quotation.
For the avoidance of doubt, the We Make Them Terms & Conditions are what govern the job, not any conditions on the client’s purchase order.
Charges for services to be provided by We Make Them will be set out in the written estimate or quotation that is provided to the client. At the time of the client’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 services require a full payment of the project quotation total before the work commences or is supplied to the Client for review.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for work do not cover the release of our copyright source files, including but not restricted to INDD, PSD, AI, JPEG, 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 client will be provided with an Approval Form or Proof Email or an Invoice prior to project commencement. At this time, the amount due will become payable and the client will also be required to sign and return the Approval Form or signify approval by email, WhatsApp Messages, Telegram Messages, Instagram Direct Message or any other form of communications to We Make Them.
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 5% on the outstanding amount from the date due until the date of payment.
Payments may be made by Online Bank Transfer or Cash Deposit.
Publication and/or release of work done by We Make Them on behalf of the client, may not take place before cleared funds have been received.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a failed transaction. We Make Them shall be entitled to remove We Make Them‘s and/or the client’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, campaign planning, strategising, copywriting and designs.
Removal of such materials does not relieve the client of its obligation to pay the due amount.
Customers whose accounts become default agree to pay all We Make Them‘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 We Make Them for inclusion in the client’s WMT content, project, campaigns or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by We Make Them on behalf of the client, will remain the property of We Make Them and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the client solely for the project defined in the scope or request and not for any other purpose.
The client may request in writing from We Make Them, the necessary permission to use materials (for which We Make Them holds the copyright) in forms other than for which it was originally supplied, and We Make Them 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.
Any software, code, plugin or other third party material used in a content 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 We Make Them.
By supplying images, text, or any other data to We Make Them, the client grants We Make Them permission to use this material freely in the pursuit of the content, copywriting, design and other related works.
Should We Make Them, or the client 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 client will agree to allow We Make Them to remove and/or replace the file on the content or site.
The client agrees to fully indemnify and hold We Make Them free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
The client 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 client also agrees that We Make Them 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 client by We Make Them, 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 We Make Them and any of its relevant sub-contractors.
All design work – where there is a risk that another party makes 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 Make Them will not be held responsible for any and all damages resulting from such claims.
We Make Them is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold We Make Them responsible for any such loss or damage.
Any claim against We Make Them shall be limited to the relevant fee(s) paid by the client.
The client agrees to We Make Them’s definition of acceptable means of supplying data to the company.
Text is to be supplied to We Make Them in electronic format as standard text (.txt), MS Word (.docx), Google Docs 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 We Make Them via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and We Make Them will not be held responsible for any image quality which the client later deems to be unacceptable.
We Make Them 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.
Any indication given by We Make Them of a project’s duration is to be considered by the client to be an estimation. We Make Them cannot be held responsible for any project overruns, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by We Make Them for the initial payment or by date confirmed in writing by We Make Them.
We Make Them considers the project complete upon publishing of the client’s content or conclusion of the project or campaign.
The client agrees to allow We Make Them to place a small credit on printed or digital materials displayed or published. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The client also agrees to allow We Make Them to place content and other designs, along with a text or logo of the client’s materials or assets on We Make Them’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
RIGHTS OF REFUSAL
We Make Them 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 Make Them also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that We Make Them does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow We Make Them to remove the contravention without hindrance, or penalty. We Make Them is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, SMS, WhatsApp, Telegram, Facebook Message, or Instagram Direct Message, however, following this, We Make Them will need formal notification in writing to the company’s official email address. 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 We Make Them within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
We Make Them makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. We Make Them will not be held responsible for any and all damages resulting from products and/or services it supplies. We Make Them 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 client agrees not to hold We Make Them responsible for any such loss or damage. Any claim against We Make Them shall be limited to the relevant fee(s) paid by the client.
We Make Them 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. We Make Them will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. We Make Them 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 We Make Them, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.
An estimate validated by the client’s signature on the estimate or quotation form, or by email, 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 We Make Them.
Updated on 1 JANUARY 2021