Terms & Conditions
Please read these Terms and Conditions carefully
THINKBOX PRODUCTION Terms & Conditions
thinkboxproduction.com(hereinafter referred to as “This Website”) provides products and services (hereinafter referred to as “Products and Services)” in accordance with the “thinkboxproduction.com Terms and Conditions” (hereinafter referred to as the “Terms and Conditions”), and this agreement has contractual validity. While ordering Products and Services please read these Terms and Conditions carefully, review and accept or reject these Terms & Conditions (minors should review it with a legal guardian).
The following Terms and Conditions of Service apply to all Products and Services provided by Thinkbox Production (hereinafter referred to as Thinkbox Production) and in the event of any dispute are governed by the laws of Malaysia.
All work is carried out by Thinkbox Production on the understanding that the client has agreed to our terms and conditions
Copyright is retained by Thinkbox Production on all design work including words, pictures, ideas, visuals, designs and illustrations unless specifically released in writing and after 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 Thinkbox Production, unless specifically agreed in writing.
At the time of proposal, Each Products And Services stated on This Website will be written on This Website. For Special Enquiry, Thinkbox Production will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on This 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 Thinkbox Production.
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 Terms and Conditions are what govern the job, not any condition on the customer’s purchase order.
Charges of design services to be provided by Thinkbox Production 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 and Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all Special Enquiry 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 JPG or PNG files as appropriate for Printing, in-Games, Animation or any other purposes. We will not supply 3D files that we use during the progress.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to PSD,BLEND or other source files. If the Client requires PSD 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 and remainder of the amount due of Special Enquiry will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to Thinkbox Production.
Any invoices queries must be submitted by email within 14 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 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), Debit Card, TNG eWallet, Alipay, Paypal.
Payments made by cheque are not allowed.
Publication and/or release of work done by Thinkbox Production 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. Thinkbox Production shall be entitled to remove Thinkbox Production’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 amounts due to remaining outstanding and late payment interest.
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 Thinkbox Production’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
For all the Services orders from This Website, Thinkbox Production has the right to publish the images or artwork supplied and/or designed by Thinkbox Production on Social Media, Portfolio Website, and other public platforms. Customers can send the Special Enquiry to discuss the full price of usage and copyright for the images to restrict Thinkbox Production public the images or artwork.
By supplying images to Thinkbox Production for inclusion in the customer’s game, animation or other media, 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 supplied and/or designed by Thinkbox Production on behalf of the customer, will remain the property of Thinkbox Production and/or its suppliers unless otherwise in writing. A license 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 Thinkbox Production the necessary permission to use artwork or images(for which Thinkbox Production holds the copyright) in forms other than for which it was originally supplied and Thinkbox Production 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 or images is used.
By supplying artwork or images to Thinkbox Production, the customer grants Thinkbox Production permission to use the material freely in the pursuit of the design.
Should Thinkbox Production, or the customer supply an image, text, or any other file for use in game, animation, website,multimedia presentation, print item, exhibition, advertisement or any other media 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 Thinkbox Production to remove and/or replace the file on the site.
The Customer agrees to fully indemnify and hold Glazier Design 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.
Any design, drawing, idea, artwork, images created for the customer by Thinkbox Production, or any of its contractors, is licensed for use by the client on a one-item only basis and may not be modified, re-used, re-distributed or resell in any way or form without the express written consent of Thinkbox Production 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.
Thinkbox Production will not be held responsible for any and all damages resulting from such claims.
Thinkbox Production is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Thinkbox Production responsible for any such loss or damage.
Any claim against Thinkbox Production shall be limited to the relevant fee(s) paid by the customer.
Design Project Duration
Any indication given by Thinkbox Production of a design project’s duration is to be considered by the customer to be an estimation. Thinkbox Production 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 Thinkbox Production for the initial payment or by date confirmed in writing by Thinkbox Production.
Design Project Completion
Thinkbox Production considers the design project complete upon receipt of the customer’s signed Approval form or sign off email. Other services such as printing, game publishing, animation etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
The customer agrees to allow Thinkbox Production to place a credit on games, animations, advertisements and/or a link to This Website. This will usually be in the form of a small logo or line of text placed during credit scenes. The customer also agrees to allow Thinkbox Production to place games, animations, advertisement or other designs on This Website, social media and/or other public media to use any designs in its own publicity and portfolios.
Rights of Refusal
Thinkbox Production will not include in its designs,images, or artwork 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. Thinkbox Production also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and or data that Thinkbox Production does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Thinkbox Production to remove the contravention without hindrance, or penalty. Thinkbox Production 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, however, following this, Thinkbox Production will need formal notification in writing to the company’s postal 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 the remaining amount due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Thinkbox Production within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Thinkbox Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Thinkbox Production will not be held responsible for any and all damages resulting from products and/or services it supplies. Thinkbox Production 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 Thinkbox Production responsible for any such loss or damage. Any claim against Thinkbox Production shall be limited to the relevant fee(s) paid by the customer.
Thinkbox Production 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. Thinkbox Production will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Thinkbox Production and its clients agree to comply with Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Thinkbox Production recommends that if an exact quantity is required, then 10% extra added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Thinkbox Production reserves the right to change any rate 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 Thinkbox Production, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at thinkboxproduction.com.
An estimate validated by the customer’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 Thinkbox Production.