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1. Introduction
1.1 These terms and conditions (“the
terms”) govern every contract made between
Brochure Designers for the
supply of goods and services to any person,
firm or company (“the client”).
1.2 The terms prevail over any written terms
and conditions of the client.
1.3 Any variation to the terms must be agreed
in writing by a manager of Brochure
Designers.
1.4 All contracts between Brochure
Designers and the client will be
governed by English law and the parties agree
to submit to the exclusive jurisdiction of
the English courts.
2. Price and payment
2.1 The client will pay Brochure Designers
the fixed package price or current price list
charge – whichever is agreed at the
time of instruction.
2.2 Brochure Designers will
invoice the client on completion of work or
at 28 days if feedback is not received to
progress the clients project.
2.3 The client will pay Brochure Designers
any expenses incurred by in connection with
the recovery of monies outstanding (including
legal costs on an indemnity basis).
2.4 Should a client at any stage of any ongoing
design work wish to terminate any further
work, Brochure Designers
reserve the right to charge for the work in
progress up to that point.
3. Ordering
3.1 Orders for work will be acknowledged by
Brochure Designers on receiving
e-mail confirmation from client.
3.2 Brochure Designers reserves
the right to refuse to accept any order for
whatever reason without explanation. In such
a case any payments received in advance will
be fully refunded.
4. Quotations
4.1 All prices given by Brochure Designers
and advertised on the Brochure Designers
website will remain valid for 28 days from
the date of quotation.
4.2 If the clients final order changes from
the original specification made for the quotation,
Brochure Designers reserves
the right to vary the quotation and charge
any additional payments arising from this.
4.3 Once a design has been submitted to the
client for approval, depending on the specific
package ordered, one round of revisions and
or corrections will be undertaken at no charge
to the client. Any changes suggested by the
client thereafter will be charged at the hourly
design rate of £40
4.4 The client will be responsible for supplying
any neccesary words and disclaimers for any
design work.
5. Turnaround times
5.1 Turnaround times which are quoted are
normal target times only and Brochure
Designers accepts no liability for
failure to meet these times, but will use
its best endeavours to do so.
6. Files supplied
6.1 All designs will be supplied in the first
instance as flattened jpgs or pdf files not
neccesarily at a high printable resolution.
Flattened pdf or jpg artwork may be supplied
by e-mail on request or saved to CD and posted
for a small fee. All layered print ready artwork
files remain the property of Brochure
Designers and may be released for
a small fee for reprints if needed
7. Refunds
7.1 If the client is for whatever reason unsatisfied
with any final design as supplied by Brochure
Designers we will wherever possible
offer a replacement design at our discretion.
Brochure Designers reserve
the right to charge for work submitted up
to any point. Refunds will be issued minus
design costs having been satisfied.
7.2 Any printed material found to be unsatisfactory
must be returned complete by recorded delivery
stating clearly any points of contention within
14 days of issue. Any printed material found
to be at fault will be issued a refund or
part of dependent on fault.
7.3 Brochure Designers reserves
the right not to accept refunds for any alteration
in colour from proofs to final print.
8. Copyright and moral
rights
8.1 Brochure Designers claims
no copyright in material submitted to us for
the purposes of fulfilling the clients instruction.
8.2 The client warrants that the client owns
or controls all rights, has obtained all copyright,
or has permissions, consents and waivers that
as are now and hereafter required for all
copying, processing, scanning, printing and
manipulation to be undertaken by Brochure
Designers .
8.3 The client also warrants that no copyright
or moral rights will be infringed by Brochure
Designers carrying out the requested
work.
8.4 The client agrees to indemnify Brochure
Designers against all losses, damages,
claims or expenses which Brochure
Designers may incur by virtue of
any breach of the above warranties.
8.5 All artwork files remain the property
of Brochure Designers. Artwork
will be kept on file after completion of any
work. Any amendments or modifications requested
by the client at a later date will be charged
at an hourly rate of £40
8.6 Brochure Designers reserve
the right to use any artwork for means of
advertsing and self promotion in print and
on the web.
9. Liability
9.1 Brochure Designers’s
liability to the client or any other party
for the loss including theft, or destruction
or damage to any materials provided by the
client which are deposited with Brochure
Designers for whatever reason;-
9.2.1 Will be limited to the replacement cost
of the actual material and;
9.2.2 Brochure Designers
will not be liable for the cost of reshooting
or reprinting the material contained on the
material and;
9.2.3 Brochure Designers
will not be liable for any loss or damage
to the client or any other party including
loss of income and;
9.2.4 It is the clients responsibility to
insure against such loss and damage.
9.3 The client accepts that any printed material
must be signed off and approved at artwork
stage before being sent to print. It is the
clients responsibility to check any document
for accuracy and spelling and Brochure
Designers will not be held responsible
for any typographical errors after any artwork
has been approved by the client.
9.4 Brochure Designers will
not be liable for failing to complete any
contract between Brochure Designers
and the client due to circumstances beyond
Brochure Designers control
including loss of power supply, machine breakdown,
loss of materials, fire, storm, flood, act
of god, war, civil disturbance or terrorism.
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