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Terms & Conditions
1. Price variation
Estimates are based on current artwork costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
2. Preliminary work
All work carried out whether experimentally or otherwise, at customer's request shall be charged.
3. Copy
A charge may be made to cover any additional work involved where copy supplied is not clear or legible.
4. Proofs
Proofs of all work may be submitted for customer's approval and Adset Media shall incur no liability for any error not corrected by the customer in proofs so submitted. Customer's alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to the artworker's judgement changes therefrom made by the customer shall be charged extra.
5. Delivery and payment
(a) Delivery of work shall be accepted when tendered and there upon or, if earlier, on notification that the work has been completed the ownership shall pass and the payment shall become due.
(b) A charge may be made to cover any extra costs involved for delivery to a different address
(c) Should expedited delivery be agreed any extra may be charged to cover any overtime or any other costs involved.
(d) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days Adset Media shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs.
6. Claims
Advice of damage delay or partial loss of goods in transit or of non-delivery must be given in writing to Adset Media and the carrier within three clear days of deliveries ( or in the case of non-delivery, within 28 days of despatch of the goods ) and any claim in respect thereof must be made in writing to Adset Media and the carrier within 7 days clear of delivery ( or, in the case of non-delivery within 42 days of despatch ).
All other claims must be made in writing to Adset Media within 28 days of delivery.
Adset Media shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim was made as soon as reasonably possible.
8. Liability
Adset Media shall not be liable for any loss to the customer arising from delay in transit not caused by themselves.
9. Materials
(a) Artwork, Disks and other materials owned by Adset Media and used by them in production of designed goods film and the like shall remain Adset Media exclusive property, unless written arrangements are made to the contrary such cases will be subject to extra costs and dealt with individually. Artwork, disks and other materials supplied by the customer shall remain the customers property.
10. Customers property
(a) Except in the case of the customer who's not contracting in the course of a business not holding himself out as doing so, customers property and all property supplied to Adset Media by or on behalf of the customer shall while it is in the possession of Adset Media or in transit to or from the customer be deemed to be at customer's risk unless otherwise agreed and the customer should insure accordingly. work caused by defects in or unsuitability of materials so supplied or specified.
11. Materials supplied by the customer
(a) Adset Media may reject any artwork, disks fax's or other materials supplied or specified by the customer which appear to them to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by the artworker ascertaining the unsuitability of the material then that amount shall not be charged to the customer.
(b) Where materials are so supplied or specified, Adset Media will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
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12. Insolvency
If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debt or has a winding-up petition issued against him Adset Media without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (wether complete or not ) and materials purchased for the customer, such charge to be an immediate debt due to him, and (ii) in respect of all unpaid debts due from the customer have a general line on all goods and property in his possession (wether worked on or not and shall be entitled on the expiration of 14 days) notice to dispose of such goods or property in such manners and at such prices as he thinks fit and to apply the proceeds towards such debts.
13. Illegal matter
(a) Adset Media shall not be required to produce any matter which in their opinion is or may be of an illegal libellous nature or an infringement of the proprietary or other rights of any third party.
(b) Adset Media shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or any other proprietary or personal rights contained in any material supplied to the customer. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.14. Periodical publications
A contract for the artwork of a periodical publication may not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced monthly or more frequently or 26 weeks notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Nevertheless Adset Media may terminate any such contract forthwith should any sum due thereunder remain unpaid.
15. Force majeure
A
dsetmedia shall be under no liability if they shall be unable to carry out any provision of the contract for any reasons beyond their control including (without limiting the foregoing) Act of God, Legislation, war, fire, flood, drought, failure of power supply; computer breakdown, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any liability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to Adset Media elect to terminate the contract and pay for work done and materials used, but subject thereto still otherwise accept delivery when available.
16. Law
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
17. Free Consultation
Adset Media will consult with a prospective client to determine project needs for the preparation of a proposal and presentation.
18. Quotation
Quotations are valid for 30 days and are non-binding. Prior to the commencement of work, all projects will be quoted and a statement of duties will be agreed. A Web Project Agreement, will be drawn accordingly. Should the project exceed the initial quotation, Adset Media will submit a quotation for approval before proceeding.
19. Fees
Initial deposit is required before work on the Web project begins . The balance is to be paid on completion and acceptance by the client and prior to uploading the Web site.
20. Additional Fees
If the quantity of materials delivered by the client exceed the number of agreed upon pages, or if programming differs from the concept in the Web Chart, extra fees will apply. Additionally, the client will reimburse Adset Media for expenses of production not included in the project upon the agreement. These expenses could include copywriting, digital photography, and stock photography.
21. Payment
Clients may elect to receive email, fax, or hard copy invoices. Payment is due on invoicing.
22. Web Project Materials
All materials required for the production of the Web project that are not included in the quote will be provided by the client . These include copy, photographs, digital media, and logos. Materials will be delivered in electronic format for PC, or additional fees may incur for typing, scanning, and file conversion. Copy provided should be pre-proofread and edited. Adset Media is not responsible for proofreading and editing of materials provided by the client.
23. Grant of Rights
Any website created by Adset Media remains the property of Adset Media and only on agrement of a settlement sum will Adset Media turn over the right, title, and interest in and to all elements of the Web project to the client upon receipt of full payment of this settlement. Adset Media retains the right to make portfolio use of the Web project. |
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Reprographic Artwork