In these conditions “the customer” means the person, firm or company who commissions the services of Brand Aspect Ltd. “the company”. By commissioning the Company to undertake work “the project” on their behalf, the customer agrees that these Terms and Conditions of Trading define our working relationship. All projects, services or goods that the company may be contracted to produce or provide for the customer will be subject to the following:
For each project, the Customer will receive an estimate outlining the project specifications and estimated fees for our time based on our current hourly rate and, where appropriate, any goods and professional services commissioned by us in order to complete the project. We will begin work upon the Customer’s written or oral approval of the estimate and this will constitute as an agreement between us. The Customer agrees to pay the Company in accordance with the terms specified in each proposal/estimate. Estimates unless specified in writing are valid for only 30 days from the date on the estimate.
Unless otherwise agreed in writing by the Company all Customers will be required to pay 50% of the project cost before work can begin ad all subsequent balances due are payable upon artwork approval. All invoices raised are strictly 30 days payment terms. We reserve the right without notice to charge interest on past due balances at the rate of 12% per annum. We reserve the right to refuse completion or delivery of work until past due balances are paid. The customer shall pay the Company’s costs, charges and expenses directly or indirectly incurred in obtaining or otherwise enforcing payment of outstanding accounts.
Revisions and Alterations.
New work requested by the Customer and performed by the company after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a revised proposal/estimate to you, and a revised additional fee must be agreed to by both parties before further work proceeds. It is standard procedure for contact reports to be issued by the Company’s staff of meetings between the Customer and the Company. If the subject matter of a contact report is not questioned by the Customer within three working days of its receipt, it will be taken to be a correct record of the meeting to which it refers. Author’s alterations and other copy changes
Overtime and rushed orders.
Estimates are based on a reasonable time schedule, and may be revised to take into consideration your “Scheduling” requests requiring overtime and/or weekend working. Knowledge of your deadlines is essential to provide an accurate estimate. In addition, our suppliers may mark up their charges in respect of work required outside normal order lead times.
Exclusion of liability.
Under on circumstances shall the Company be liable for losses incurred to the customer, indirect or consequential losses including loss of profits, damage to property or wasted expenditure. Without prejudice to other conditions outlined herein, the Company’s liability shall not exceed the total of the contract fees for the project.
Nature of copyright and property belonging to others.
The Customer agrees to exercise due diligence in its direction to us regarding the preparation of materials and must be able to substantiate all claims and representations. The customer is responsible for all trademark, copyright and patent infringement clearances and is responsible for arranging, prior to publication, any necessary legal clearances, licenses, usage or royalty payments.
Errors and omissions.
It is the customers responsibility to check proofs carefully for accuracy in all respects, including but not limited to prices, spelling, dimensions and distances. The company is not liable for errors or omissions. The customer’s signature or that of an authorised representative is required on all proofs or artwork prior to release for printing or other implementation.
Over runs and under runs.
Some printers terms enable them to deliver over or under the quantity ordered and to charge according to the actual quantities delivered. In such cases the customer will be expected to accept over or under runs that do not exceed a +/- 10% tolerance of the quantity ordered and the company will bill accordingly for the actual quantity delivered within this tolerance.
Rights of ownership
Once a project has been delivered by us and is fully paid for by the Customer, the Company will assign the reproduction rights o f the design for the use(s) described in the proposal. According to copyright law, the rights to all design and artwork, including but not limited to photography, music and or illustration created by independent photographers, artists or illustrators retained by the Company, or purchased from a stock agency on behalf of the Customer, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” (a buyout) is negotiated on behalf of the company, you may not use or reproduce the design, work or the property therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and the payment of any additional fees before proceeding. Master artwork including roughs, visuals, mock-ups and presentations is the property of the Company and will not be released or copied for the Client or any third party to use in any way whatsoever without prior written agreement by a director of the Company. We reserve the right to photograph and/or distribute or publish for our firm’s promotional and marketing needs any work we create for you, including roughs, visuals, mock-ups and presentations, as samples for our portfolio, newsletter, brochures, presentations, websites and for entry for awards. We will endeavour to store files on disk for a period of 6 months following the delivery of a job. After which we reserve the right to discard them without notice.
The Customer will indemnify and hold the company blameless for any loss or expense (including legal fees), and agree to defend the Company in any lawsuit, claim or action arising in any way from our working relationship.