It is the Client's responsibility to maintain a copy of the original file. The Company is not responsible for accidental damage to media supplied by the Client or for the accuracy of furnished input or final input. Until digital input can be evaluated by the Company, no claims or promises are made about the Company's ability to work with material submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilise client supplied files may be billable.
Negatives, plates, artwork, electronic files stored by us are at the Client's risk. Materials not claimed or used may be discarded after 120 days. It is expressly agreed that the Client is purchasing only the finished printed materials described in estimates. Negatives, plates, artwork, flats, separations, proofs and other materials used in the production of such printed materials and supplied by the printer remain the property of the printer.
Clearance procedure
=Turn around time will be determined, unless otherwise agreed, at the time the order is placed and will be described in 'working days', (working days are the normal business days, excluding public holidays and weekends, to begin the first complete business day after receipt of work.
While the Company takes every care to ensure that our work is accurate and meets the highest standards, it is important that clients check reports and proofs carefully and confirm approval in writing. The Company cannot accept responsibility for errors or omissions in artwork, or other documents which have been approved for actioning. Any amendments, corrections or additions made following approval for actioning will be classed as additional work and will be charged at the prevailing rate.
Indemnification
The Client agrees to protect the Company from economic loss and any other harmful consequences that could arise in connection with the work. This means that the Client will hold the provider harmless and save, indemnify, and otherwise defend him/her against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
Personal or economic rights
The Client also warrants that the Work does not contain anything that is libellous or scandalous, or, demfatory, or anything that threatens anyone's right to privacy or other personal, moral, or economic rights. The Client will, at the Client's sole expense, promptly and thoroughly defend the Company in all legal actions on these grounds as long as the Company promptly notifies the Client of the legal action and gives the Client reasonable time to undertake and conduct a defence. The Company reserves the right to use its sole discretion in refusing to accept anything deemed illegal, libellous, scandalous, improper, defamatory, or infringing upon copyright law.
Stoppage
The Company has the right to withhold delivery if the Client has a petition presented for its winding up or passes a resolution for voluntary wind-up (otherwise than for the proper purpose of a bona fide amalgamation or reconstruction), has a receiver appointed of all or any part of its assets, becomes bankrupt, insolvent, or enters into any arrangements with creditors.
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Cancellation
The Client will, in the event of agreed cancellation indemnify the Company fully against all expenses incurred up to the time of such cancellation.
The Company shall be under no liability for any loss to the Client if the Company is unable to carry out any part of a project for any reason arising from circumstances outside the Company's control including act of God, war, riot, acts of vandalism, fire, flood, explosion, abnormal weather conditions, failure of power supply, lock out, strike, government action (UK or otherwise), accidents or delay by suppliers.
Should the Company be prevented from fullfilling its contract to the Client in such circumstances, it shall give the Client written notice of this fact as soon as reasonably practicable.
Terms of payment
We may require an initial deposit of 30% in order to commence work. For projects that have a value of over ?5,000 we may require a 50% payment in advance. Fees are usually invoiced in full following completion of each project.
Web design is charged in stages. A 1st invoice is issued on approval of design, with a second invoice issued usually for the balance of outstanding work when web site is signed off, or the site goes live. Our payment terms are 14 days. Invoices for web hosting and email services are due by return.
Penalties can be incurred for late payment which shall be two percent above base rate on any outstanding bill. The Company reserves the right to charge interest at the current standard rate on all overdue accounts, such interest being deemed to accrue on a day to day basis from the due date for payment.
Claims for defects, damages, or shortages must be made by the Client in writing no later than 7 days after delivery. If no such claim is made, the Company and the Client will understand that the Work has been accepted. By accepting the Work, the Client acknowledges that the Company's performance has fully satisfied all terms, conditions, and specifications.
The Company reserves the right at any time at its discretion to demand security for payment before continuing with or delivering completed projects.
We also require that all Clients sign this 'conditions of business' at which part we will have entered into a legally binding agreement so the Client is invited to take Independent legal advice before signing these conditions of business.
English law and jurisdiction
The contract shall be governed by and construed in accordance with English Law and all disputes arising in connection with the Contract shall be submitted to the jurisdiction of the English Courts.
Force majeure
The Company shall be under no liability for any loss to the Client if the Company is unable to carry out any part of a project for any reason arising from circumstances outside the Company's control including act of God, war, riot, acts of vandalism, fire, flood, explosion, abnormal weather conditions, failure of power supply, lock out, strike, government action (UK or otherwise), accidents or delay by suppliers.
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