UK Internet Sites Ltd reserves the right to amend and update these Terms and Conditions at any time giving notice of when changed terms are posted on the Thumbnail Designers website or in an email/newsletter.
This Agreement shall come into force upon your acceptance as a Client of Thumbnail Designers and shall remain in effect until terminated. You are responsible to use the Thumbnail Designers service and when you no longer need the service to terminate your account.
The Client is entitled to terminate this Agreement with immediate effect at any time, they will be allowed access to keep using the service until their payment period has expired. If the Client terminates the agreement in the first 14 days of signing up a new subscription, they will be entitled to a full refund and must stop using the service on termination. Promotions, discounts, upgrades to existing accounts are non-refundable.
Please note: depending on your bank and its location, the refund process can take anything from 7 days to 6 weeks.
UK Internet Sites is entitled to terminate this Agreement and/or suspend Clients from the Thumbnail Designers service at any time, giving reasonable notice where possible. If a Client is terminated by UK Internet Sites they will be entitled to use the service up until the period they have paid for expires. In the event of a Client using fraudulent payment methods, causing a charge back, not paying for the service or supplying false information, UK Internet Sites is entitled to terminate and/or suspend the Client from Thumbnail Designers without any notice.
If the Client terminates the agreement in the first 14 days of signing up a new subscription, the Client shall acquire no rights following the termination of this Agreement to use Intellectual Property Rights of UK Internet Sites or any text, images, designs or any other works created by or for UK Internet Sites or Thumbnail Designers.
Clients will make payments to UK Internet Sites under one of two payment models:-
a) Recurring Month Fee (Default)The Client undertakes to pay UK Internet Sites for the Thumbnail Designers service each month using a bank card. UK Internet Sites will each and every month until the Client Terminates the agreement collect the monthly payment to use the service in advance. UK Internet Sites will not take payment once the Client has terminated this agreement at least 2 working days before the next payment is due.
b) Advance Payment of FeeThe Client has the option to pay for the service 6, 9 or 12 months in advance using bank transfer to our accounts based in the UK, Europe, USA or Australia. In order to pay this way a Client must first contact Thumbnail Designers support in order to obtain the details needed to pay. We can supply a pre-forma invoice (full invoice issued on payment) as well as a purchase order reference if necessary.
Thumbnail Designers operates in 3 "regions". UK (excluding Europe), Europe (excluding UK) and USA (plus the Rest of the World). We must operate like this due to the fact that, being a UK based company we have to charge everyone in the UK VAT, People in Europe VAT but not Businesses in Europe who are VAT registered and for people in the USA and the Rest of the World we do not have to charge VAT for our services. On sign up your account will be given the correct Tax treatment for your region.
UK Internet Sites require that all Business Clients in Europe supply a valid VAT number for the Intercommunity VAT to apply, removing the VAT element from the invoice. This must be done on signing up for your account. If your VAT status changes while a customer, and you wish us to apply this new treatment to your account for the following monthly payments, please contact customer support to have this applied.
Nothing in this Agreement shall create or be deemed to create, a partnership or relationship of employer and employee between UK Internet Sites and the Client.
For each Advertiser whose Program You have been accepted to, UK Internet Sites grants to You a revocable, non-transferable, royalty free, international sublicense to display and Link to the Advertiser's Web site or Web site content, and all trademarks, service marks, trade names, and/or copyrighted material ("Content"), from each of Your Web Sites and/or subscription e-mail for the limited purposes of Promoting the Advertiser's Program and subject to the terms and conditions of this Agreement. The foregoing rights are sub-licensable by You to Your Sub-Publishers only if authorised by an Advertiser on its Information page or by written permission. Your/Your Sub-Publisher's sub-license is conditioned upon You/Your Sub-Publishers'(as the case may be): (a) not otherwise copying nor modifying, in any way, any icons, buttons, banners, graphics files or Content that is made available to You through the Network Service pursuant to the such sublicense; and (b) not removing or altering any copyright or trademark notices.
You grant to UK Internet Sites a revocable, non-transferable, royalty free, international license to display on and distribute from the Thumbnail Designers Web site content that You provide to UK Internet Sites through the Thumbnail Designers system for the limited purposes of offering you design services and marketing our services, subject to the terms and conditions of this Agreement.
The Client shall keep UK Internet Sites indemnified against any claims for damages or other claims for compensation arising from the use of the Thumbnail Designers service or any incorrect information given to UK Internet Sites by the Client. The Client shall also compensate UK Internet Sites for any other damages or costs caused by the Client's improper, negligent or unauthorised use of the Thumbnail Designers service.
UK Internet Sites shall not be liable to the Client for defects in the service, interruptions in the accessibility to the service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components, loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the Thumbnail Designers Service or other indirect or consequential loss whether arising from negligence, breach of contract or whatsoever.
UK INTERNET SITES TOTAL LIABILITY TO THE CLIENT INCLUDING IN CONTRACT AND TORT (INCLUDING THE TORT OF NEGLIGENCE) SHALL NOT EXCEED 6 MONTHS OF FEES OR £2,000.00 (TWO THOUSAND POUNDS) WHATEVER IS LESSER.
UK Internet Sites cannot guarantee or warrant the performance of the Thumbnail Designers service. UK Internet Sites shall not be liable for any error in the implementation of the design requested by Clients of the Thumbnail Designers service.
The Client is solely responsible for all its contents and shall ensure that they conform always to all applicable laws and regulations. If the Client is based outside of the United Kingdom, then they must also undertake to ensure their design requests are compliant with the laws of the United Kingdom.
The Client shall not use trademarks or copyrighted material they do not fully own or are not authorised to use. All design requests undertaken by Thumbnail Designers are done so in good faith. We do not have the time to check if any assets supplied by a Client is something they own the copyright for.
UK Internet Sites owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the Thumbnail Designers service or software necessary for the service.
The Client will acquire the rights to final completed designs produced by Thumbnail Designers (excluding any trademarks or copyrighted material) if we use a font or stock image in your design you do not own the rights to this, but you will have the right to use it, however please note that certain stock images may need an additional licence if you're selling a product that will feature the image.
If the Client instructs Thumbnail Designers to undertake Logo Design / Concept Work, the Client will only acquire the rights to the final completed design. All ideas, concepts, styles etc leading up to but not including the final design will remain the property of UK Internet Sites in order that we may reuse these concepts for other work. The Client agrees that all materials provided to Thumbnail Designers have been proofed and approved to be used in your designs and that if you are using any elements trademarked or copyrighted by a 3rd party that you have the rights to use them in your design.
The Client consents to the publication of the Client's name etc on the Thumbnail Designers website and to allow UK Internet Sites to use design work they have undertaken for the client for marketing purposes. The Affiliate confirms that to enable UK Internet Sites to improve and/or to promote or market the service, UK Internet Sites may produce advertising material that mentions the Clients uses or has used the Thumbnail Designers service.
UK Internet Sites may contact the Client by email, telephone or post for feedback relating to the service including any ways in which the service might be improved.
Thumbnail Designers is here to help with all your design needs. You can share your account with anyone in your organisation and can use your account for multiple brands as well as personal use if you wish. While Thumbnail Designers will supply work in a timely manner, remember we are not a replacement for a full-time graphic designer.
We recommend that the Client completes all sections of the brand (so we get to know and understand your brand) and design request forms to speed up the delivery of the design requests. As creative design can be subjective, you do not need to accept the design we have done and can request it's redone or even request a different designer if you wish. However, we do ask that the Client is clear in what they are looking for, supply any assets and information needed to complete the design request.
Thumbnail Designers work flow from your account is controlled by the priority queuing system, we could be working on any two design requests from your account at the same time however we will not progress to the next design until you have signed off the request as fully complete.
Mistakes can happen, and we will do our best to minimise these, however due to the nature of creative design we can not guarantee files will be delivered 100% error free. You agree to review all completed design work and let your designer know of any mistakes, changes or correction you need. Thumbnail Designers is not responsible for any losses or expenses incurred by errors or omissions. Please check your files fully before you undertake any print work etc.
The Client can not use Thumbnail Designers for any adult/pornographic or illegal services.
The Client can request unlimited designs, our output is based on several factors. The priority queue in the Client Login Area will allow you to organise what work we do for you next, you can modify this at any time however if we have accepted your job, it will be at the top of your queue until completed. Please note that we work on your 1st request in your queue and then move on to the next request as we wait for feedback from the 1st request, if you're happy and need no revisions you simply mark your design request complete and we will move on to the 3rd item in your queue and so on. If you have 2 designs awaiting feedback, we do not move on to the next job until one of these has been complete. The Client when ordering a logo design needs to wait until this is completed before we can start work on any designs that need this logo to be completed first.
We work daily on Clients design requests (Monday to Friday), while we will try our best to meet timelines, we cannot guarantee we will meet the deadline. We recommend that you do not use Thumbnail Designers for time sensitive design requests.
UK Internet Sites shall not be liable for the legality of the Thumbnail Designers service in countries other than the United Kingdom. The Client is solely responsible for the legality of the use of the service if the Client is registered to Thumbnail Designers service from a country other than the United Kingdom.
This Agreement is subject to the laws of Scotland and shall be subject to the non-exclusive jurisdiction of the Scottish courts.
If any dispute arises out of this Agreement the Parties will attempt to settle it by a mediation procedure as the parties may agree in writing.
