Terms & conditions

About these Terms & conditions:

- they apply to all business conducted between the Company and the Client, and all other Terms & Conditions are excluded unless they are in writing and signed by an authorised representative of the Company;

- variations can only apply if agreed in writing by a Director of the Company;

- they are to be construed and have effect according to English law and the Client and the Company shall submit any dispute to the exclusive jurisdiction of the English courts;

- if any Condition or part of a Condition is held to be unlawful or unenforceable, the rest will still apply.

- variations to these terms purportedly agreed by e-mail shall not be contractually binding unless, and until, confirmed by non-electronic hardcopy in writing and signed by a Director of the Company.

1. DEFINITIONS

‘The Client’ means anyone who receives a cost estimate, submits a brief, places an order or buys any Goods or Services from the Company, and includes their staff, agents and subcontractors.

‘The Services’ means anything that the Company does for the Client at their request.

‘The Goods’ means anything that the Company purchases on behalf of the Client at their request.

2. QUOTATIONS

All quotations and cost estimates are based on information available at the time. Any subsequent additions, alterations or corrections requested by the Client will be subject to additional costs. Acceptance of the quotation is deemed to imply acceptance of these Terms & Conditions. Where timescales are specified in the quotation the Company will use all reasonable endeavours to comply with the timescales.

3. INVOICES/PAYMENT

Invoices are payable within 28 days of the date of invoice. Any invoice queries must be made in writing within 15 days of receipt of invoice. The Company reserves the right to charge interest at 4% above the NatWest Bank base rate from time to time, calculated monthly, on any invoices not settled within 28 days. Some projects may require payment in advance for certain Goods or Services; this will be clearly stated on the cost estimate and invoice, and the Client agrees to pay these invoices immediately on presentation. Delivery of the Goods or Services may not be made by the Company unless such advance payment has been received.

In the event of cancellation or termination of a contract, the Company has the right to charge a cancellation fee to cover the work done up to the date of cancellation, and any costs incurred or contracted up to that date.

4. COMPANY OBLIGATIONS

The Company promises to supply the Goods and Services using reasonable skill and care. The Company will also use all reasonable endeavours to follow the Client’s instructions and to faithfully reproduce any information supplied by the Client.

The Company will make every effort to ensure that any marketing communications campaigns it designs on behalf of the Client comply with the relevant statutory requirements and voluntary codes normally applied within the advertising, sales promotion and direct marketing industries, including, but not restricted to, the Advertising Standards Authority and the British Codes of Advertising and Sales Promotion.

The Company shall treat as confidential all information (written or verbal) supplied to it by or on behalf of the Client in relation to the Services, unless such information is in general circulation.

The Company has the right to use as it sees fit any general marketing information obtained in relation to the supply of the Services.

The Company will keep with care any materials entrusted to it by the Client and will return them on completion of the Services if so requested by the Client.

If the Company recommends a supplier with whom the Client contracts direct, the Company shall not be liable for the performance by that supplier of its duties under the contract, and the Client shall satisfy itself as to the supplier’s suitability.

The Company shall not in any event be liable for any consequential loss or loss of profits suffered by the Client.

5. CLIENT’S OBLIGATIONS/INDEMNITIES

The Company relies on the accuracy of information and instructions provided by the Client. Any statements of fact provided by the Client should be correct and able to be objectively substantiated, and any statements of opinion provided by the Client should be reasonably and honestly held. The Client must inform the Company without delay if they consider that any claim or trade description in any communication relating to the Client’s product or service is false or misleading, and must be able to support any claim made with objective factual evidence if required. The Client must ensure that all information concerning their products which is required by statute to be displayed, is so displayed.

The Client shall ensure that no work commissioned involves the infringement of a patent, registered design, copyright or other property right.

The Client accepts all liability and shall indemnify the Company in respect of any claims, costs, damages, or proceedings brought against the Company, caused by or relating to the supply of the Services (including, but not limited to, any breach of the Client’s obligations under this clause), unless these are directly due to negligence by the Company. This indemnity includes costs and expenses incurred by the Company, and shall continue after termination of the contract.

6. COPYRIGHT

The copyright on all designs, concepts and artwork created by the Company belongs to the Company unless otherwise agreed by a Director in writing. If any such designs or concepts are used by the Client without the Company’s agreement, or for a purpose other than that for which they were originally commissioned, the Company reserves the right to charge a fee for such use.

7. SUSPENSION/TERMINATION

If any circumstance whatsoever which is outside the Company’s control causes a delay in providing, or inability to provide, the Goods or Services, the contract will be suspended until the circumstances cease. The Company will keep the Client informed of the situation at all times, but will still be entitled to payment for work done up until the circumstance occurred, and will not be held liable for any loss caused by such circumstance.

The Company reserves the right to terminate any contract by written notice to the Client, if the Client consistently fails to settle invoices by the due date, or after written requests for payment, or if in the opinion of the Company the Client at any time becomes unlikely to be able to pay debts as they fall due, without affecting any of the Company’s other claims or rights under these Terms & Conditions.