717 Graphic & Design Studios Terms & Conditions of Business & Site Cookies
1. Definitions: The “Company” or “studio” or “agency” means 717 Graphic & Design Studios. The “Designer” or “Design Team” means the person(s) instructed by 717 Graphic & Design Studios to carry out the said work brief at our discretion. The “Client” means the person, persons or firm with whom the Company is contracted. “Brief” means the work and services to be performed by the Company for the Client set out in the quotation together with any alterations or extras thereto requested or required by the Client after the date of quotation.
2. Additionally preliminary work designs, models, samples and other work produced at the Client’s request, will be charged for by the Company.
3. Estimates: Estimates are given and orders accepted subject to our ability to procure materials, labour and transport at the rates prevailing at the date of estimate. Any increase in wage rates, prices of materials, or alternative materials that it may be necessary to substitute or of transport arising after an estimate and before delivery, shall be charged to the Client. Where estimated dates of delivery are given they shall be subject to availability and delivery of materials. All estimates hold good for 30 days from delivery to the Client.
4. Orders: Acceptance of an estimate shall be in writing signed by the Client or his authorised agent. In the absence of such written confirmation the Company’s written acknowledgement of verbal instructions shall be deemed to be the Client’s acceptance of the estimate.
4.1 Goods: If any goods are to be supplied or work to be done in accordance with designs, specification or patterns to be supplied by the Client, the Client shall supply the same in reasonable time to permit completion of all deliveries by the promised date (if any). The Company shall not be liable for delays in completion of work or delivery arising from the Clients’ failure or delay in approving estimates or preliminary work. Time is not of the essence to the contract between the Company and the Client.
4.2 Websites: If the Company has been instructed to design and create a website, an initial payment equivalent to 50% of the estimated total cost will be required upon receipt of the Client’s approval of the website layout, and prior to the Company commencing construction of the website.
4.3 All content and images required by the Client for inclusion on the website should be supplied to the Company within 6 weeks of the Client’s initial design approval (4.2).
4.4 The total cost of the website construction will be invoiced by the Company to the Client 9 months after the date of the Client’s approval (4.2) irrespective of whether the website has gone live or not.
5. Alterations: The Company will submit proofs of all artwork to the Client for approval and the Company shall incur no liability for or in respect of any errors not corrected by the Client in proofs so submitted. Any additional cost arising from the Client’s alterations or corrections after approval of artwork or sample or after production has commenced will be charged to the Client.
6. Delivery: Unless otherwise stated in writing, estimates are given and orders accepted upon the terms that delivery ex works and the price shall be nett and exclusive of packing materials, cost of packaging, handling, loading, transport and carriage.
7. Expedited Delivery: If the Client shall require delivery sooner than the stated time required for production the Client shall pay an extra cost of overtime or other additional costs so incurred.
8. Instalment Deliveries: In the case of goods to be supplied or work to be done by instalments any objection by the Client to defects in or default in relation to one instalment shall not affect the contract in respect of any further instalments or the balance remaining under the contract.
9. Claims: Any complaints or claims as to quality or quantity of goods supplied or work done shall be made to the Company in writing within three days of the delivery of such goods or the execution of such work and there shall be no liability for any claims not so made within this period.
10. Client’s Property: Client’s property when supplied will be held at Client’s risk. Every care will be taken to secure the best results where materials are supplied by the Client, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied.
11. Consequential Loss: Responsibility will not be accepted for consequential loss or damage howsoever arising.
12. Copyright: The Client is wholly responsible for the Copyright on any artwork/pictures/graphics, which they provide to be used on new artwork, or instruct us to use from online sources and/or printed goods. The Client shall indemnify the Company against all claims, actions, penalties, damages, costs and expenses for which the Company may become liable, or which the Company may incur through anything done by it in the execution of any contract with the Client involving a breach of any Patent, Registered Design, Trade Mark, or Copyright, or any Government or other Regulation. Copyright in all preliminary designs by the Company and in all work and matter produced by the Designer as part of the brief shall remain the property of the Company who shall reserve the right to approve the quality and use of such designs as processed for various media. Once the final design has been approved and accepted, it is the client’s full responsibility and duty to check and confirm all artwork/pictures/graphics do not infringe on any copyrights or patents of others before they use or implement the work we have provided.
13. Force Majeure: The performance of all contracts is subject to variation, suspension or cancellation arising from any Act of God, War, Strikes, Lock-outs, National Emergency, Fire, Flood, Drought, Shortage of Fuel or Power, the inability to obtain supplies of materials or articles, or any other causes whatsoever beyond the control of the Company.
14. Cancellation of Contracts: In the event of any contract (whether oral or in writing) between the Client and the Company being suspended or cancelled by reason Force Majeure or any other causes whatsoever beyond the control of the Company, the contract shall be suspended or cancelled but the rights and liabilities existing at the time of such suspension or cancellation remain.
If the Client ceases to pay his debts in the ordinary course of business or commits any act of bankruptcy, then and in any such case the Company shall without prejudice to other remedies have the right not to proceed further with the brief or any other work for the Client and be entitled to charge for all work already carried out and materials purchased for the Client such charge to be a debt immediately due to the Company.
15. Illegal Matter: The Company shall not be required to work on or in connection with any matter which in the Company’s opinion is or may be of an illegal or defamatory nature or an infringement of the proprietary rights or other rights of any third party. The Client shall indemnify the Company against and in respect of any action claims, demands, damages, costs, charges or expenses arising from or incurred by reason of any defamatory matter contained in or otherwise relating to the brief or any infringement or alleged infringement by the Designer while engaged on or in connection with the brief of any letters patent registered design, copyright trademark or trade name protected in the United Kingdom such indemnity to extend to any amounts paid by the Company on legal advice in settlement of any such claim as aforesaid.
16. Terms of Payment: Unless otherwise specified, payment for orders shall be made within 14 days from date of Invoice. If payment is delayed upon this a £35.00 late payment charge can be applied for non payment.
17. These terms and conditions shall apply to all contracts.
18. The Company may deliver of up to 10 per cent greater or 10 per cent less than the Client’s stipulated quantity without any liability whatsoever except that the price charged shall be for the delivered quantity at the unit rate applicable to the stipulated quantity.
19. Overdue Accounts & Recovery: The Company will apply interest to all balances remaining outstanding following the expiry of the terms stated at the time of order. Such interest to be calculated on a daily basis at a rate of 3% per annum above the Bank of England Minimum Lending Rate. Furthermore, any costs of recovery will eventually be added to the original payment due.
In the event of the Company instituting legal proceedings against the Client for recovery of overdue monies then the full legal costs of recovery will be aggregated with the debt for which the proceedings were commenced.
The Company shall reserve the right to demand payment in advance in part or in full at the time of the order.
In the event of a dishonoured cheque, the Company shall charge £35.00 to cover administration and bank costs.
20. Sales of Goods: Ownership of the goods, which are subject of this Contract, shall not pass to the Client until they are fully paid for, but the risk in the goods shall be borne by the Client from the date of the delivery by the Company or its carriers to the Client.
In the event that the price for the goods is not paid by the Client by the due date, the Company shall at its absolute discretion, be at liberty to retain or recover the goods.
For all purposes the Client hereby grants to the Company an irrevocable lien on the goods until the price is paid.
The Company may maintain an action against the Client for any loss and damage suffered in consequence of the Client’s failure to complete the Contract or pay the price for the goods.
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