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1. Introduction
1.1 These terms and conditions of business (“the terms”)
govern every contract made between Mustard Design and Print for the
supply of graphic design, illustration, printing or goods and services
to any person, firm, charity 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 Mustard
Design and Print Ltd.
1.4 All contracts between Mustard Design and Print and the client
will be governed by English law and the parties agree to submit to
the exclusive jurisdiction of the English courts.
1.5 Separate Terms and Conditions of Business exist over dealings
between Mustard Design and Print and clients in respect of media relations,
training services, journalism and public relations consultancy.
2. Price and payment
2.1 The client will pay Mustard Design and Print the fixed fee or
current list price charge – whichever is agreed at the time
of instruction.
2.2 Mustard Design and Print reserves the right to add interest to
any account outstanding after 30 days up to the maximum permitted
by legislation.
2.3 Mustard Design and Print will invoice the client after 28 days
if feedback is not received to progress the clients project.
2.4 Invoices from Mustard Design and Print to the client for supply
of goods or services should be paid in full within 30 days of the
invoice date, by BACs or cheque.
2.5 Mustard Design and Print reserve the right NOT to release final
files until payment has cleared through its bank.
2.6 If the client does not have a credit account with Mustard Design
and Print , goods or services must be paid for on collection of the
completed job.
2.7 Mustard Design and Print reserves the right (without disclosing
a reason) to demand payment for work on collection at any time.
2.8 The client will pay any expenses incurred by Mustard Design and
Print Ltd in connection with the recovery of monies outstanding (including
legal costs on an indemnity basis).
3. Ordering
3.1 Orders for work must be given in writing to Mustard Design and
Print Ltd by the client.
3.2 Not withstanding clause 3.1, if Mustard Design and Print accepts
a verbal order from the client Mustard Design and Print will not be
held responsible for any mistakes (made by either party) arising from
that verbal order.
3.3 Mustard Design and Print reserves the right to refuse to accept
any order.
4. Estimates
4.1 All estimates given by Mustard Design and Print will be valid
for 28 days from the date of estimate.
4.2 If the client’s final order changes from the original specification
made for the quotation, Mustard Design and Print reserves the right
to vary the estimate.
4.3 Estimates assume that the copy, text, pictures, graphs, pie charts,
tables and other illustrations received from the client are final
and require no further amendment.
4.4 Mustard Design and Print will not touch up, improve or otherwise
alter illustrations or graphs etc supplied by the client unless specifically
requested to. Our hourly rates will apply in all such cases.
4.5 Estimates assume that there will be a maximum of two sets of proofs
and amendments/corrections for all work. Excessive authors amendments
(in excess of two
sets of proofs/changes) will be charged out at our hourly rate.
4.6 Although we strive to work towards permanent working partnership
with all of our clients, if we are asked to provide a competitive
quote we will always seek to undercut a lower quote supplied by one
of our competitors. All we ask is sight of the competing quote and
any conditions which apply.
5. Turnaround times
5.1 It is up to the client to set themselves realistic timescales
for the production of graphic design and/or printed work. As well
as weekends, national holidays and the constraints of normal office
hours, there are elements of the creative process which cannot be
fasttracked (such as drying times, reprographics, folding, delivery
times etc).
5.2 Where quoted, turnaround times are normal target times only and
Mustard Design and Print accepts no liability for failure to meet
these times, but will always use its best endeavours to do so.
5.2 Where a client misses a time critical deadlines, this may result
in their work missing printing slots booked on a client’s behalf.
This will usually result in missed delivery
deadlines. We will use our best endeavours to minimse the adverse
impact of missed deadlines – but the onus is on the client to
meet agreed deadlines in the first place.
6. Print finish
6.1 Unless stated by the client, Mustard Design and Print will decide,
at its discretion, which print finish to use (either semi-matt or
gloss).
7. ADSL/ISDN/E-mail data transmission
7.1 Mustard Design and Print will not accept responsibility for loss
of earnings to the client for untransmissable ADSL/ISDN/E-mail data.
7.2 It is solely the responsibility of the client to ensure the receiving
end of the ADSL/ISDN/E-mail transmission has an active compatible
computer.
7.3 It is the responsibility of the client to ensure the correct ADSL/ISDN/E-mail
address is given to Mustard Design and Print.
7.4 Mustard Design and Print prefers to receive date on CD disk, correctly
formatted to our specification (please ring for details).
8. PDFs
8.1 It is the client’s responsibility to supply PDF documents
set up ready to print and correctly formatted to our specifications
(please ring for details).
8.2 Mustard Design and Print cannot be held responsible for loss of
earnings as a result of PDFs being incorrectly set up for print (low
resolution etc).
9. Colour balancing and proofing
9.1 Mustard Design and Print will, if requested by the client, scan
images to a colour balance provided by the client by way of reference
prints or polaroids.
9.2 If no such request or reference material is provided by the client
Mustard Design and Print will scan and/or print images using its own
judgement for colour balancing.
9.3 Clients need to be aware that when undertaking full colour printing
using the CMYK printing system, it is difficult to gurantee exact
colour matches with reference to Pantone
colour numbers.
9.4 Clients are advised that pdf proofs, when viewed on screen or
printed off, are not 100% colour accurate and there may be some variation
in tone due to lighting effects,
paper specification etc.
9.5 As a matter of course, the cost of 100% accurate Chromalin proofs
are not included in Mustard Design and Print estimates. To guarantee
absolute piece of mind in respect of colour and picture quality, Mustard
Design and Print Ltd advises clients to allow the time and budget
to enable us to provide full colour proofs in respect of landmark
documents. Chromalin proofs should be requested when the artwork is
signed off.
10. Uncollected work
10.1 If any items of work including prints and original files belonging
to a client are not collected after 12 months of the requested work
being done, Mustard Design and Print Ltd reserve the right to dispose
of such material.
11. Copyright, moral rights and consents
11.1 Mustard Design and Print claims no copyright in material submitted
to us for the purposes of fulfilling the clients instruction.
11.2 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 Mustard Design and Print.
11.3 The client also warrants that no copyright or moral rights will
be infringed byMustard Design and Print carrying out the requested
work.
11.4 The client agrees to indemnify Mustard Design and Print against
all losses, damages, claims or expenses which Mustard Design and Print
Corporate Communications
Ltd may incur by virtue of any breach of the above warranties.
11.5 Clients should obtain the consent of any adult or, in the case
of children, from the guardian or parent of the child, for the use,
reproduction and/or printing of any
photograph featuring that person. Mustard Design and Print cannot
be held liable for any infringement of privacy, or any damages arising
from, the use of such photographs.
12. Liability
12.1 The client must contact Mustard Design and Print, concerning
the details of any Mustard Design and Print invoice, or any complaint,
within 7 days of the date of the invoice. Letters of complaint should
be on the client’s headed notepaper and signed on behalf of
the client by a Director of the firm, charity or organisation.
12.2 Where it is mutually agreed that sub-standard work should be
reprinted in whole or part, the client should arrange for all items
to be returned, completely in unopened boxes.
12.3 The use by the client of any items which he/she regards as sub-standard
will be deemed by Mustard Design and Print as acceptance by the client
that the item is fit for use and full repayment will be expected.
12.4 Mustard Design and Print’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 Mustard
Design and Print for whatever reason;-
12.4.1 Will be limited to the replacement cost of the actual material
and;
12.4.2 Mustard Design and Print will not be liable for the cost of
reshooting or reprinting the material contained on the material and;
12.4.3 Mustard Design and Print will not be liable for any loss or
damage to the client or any other party including loss of income and;
12.4.4 It is the clients responsibility to insure against such loss
and damage.
12.5 Mustard Design and Print will not be liable for failing to complete
any contract between Mustard Design and Print and the client due to
circumstances beyond Mustard Design and Print’ control including
loss of power supply, machine breakdown, loss of materials, fire,
storm, flood, act of god, war, civil disturbance or terrorism.
13. Discounts
13.1 It is not the policy of the company to give discounts, refunds
or partial refunds.
14. Charitable Giving Policy
14.1 Mustard Design and Print has a corporate charitable giving policy.
Generally it supports regular charitable clients where it enjoys the
status of sole provider. Please ask for details.
15. Amendment
15. 1 These terms may be changes, amended or altered in part, or in
full, without warning by Mustard Design and Print. It is the responsibility
of the client, and his/her staff, to read and understand these terms
and conditions.
Mustard Design and Print |
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