Terms & Conditions
Brandality Ltd – Terms and Conditions
In these conditions “the Customer” means the person, firm or company who commissions the services of Brandality “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 the 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 the Company time based on the current hourly rate and, where appropriate, any goods and professional services commissioned by the Company in order to complete the project. The Company will begin work upon the Customer’s written or oral approval of the estimate and this will constitute an agreement between parties. The Customer agrees to pay the Company in accordance with the terms specified in each proposal/estimate. Estimates are valid for only 30 days from the date on the estimate. By responding to his emails you are agreeing to these terms and the fees applied. If you have any queries or require further information please call 020 8508 7870.
Payment Unless otherwise agreed in writing by the Company all Customers that have not submitted a credit application and been approved by the Company accounts department will be required to pay 50% of the project cost before work can begin and all subsequent balances due are payable upon artwork approval. All credit accounts shall be paid up on or before the 30th day after the date of the invoice. The Company reserve the right without notice to charge interest on past due balances at the rate of 12% per annum or 1% per month. The Company 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, the Company will submit a revised proposal/estimate to the Customer, and a revised additional fee must be agreed to by both parties before further work proceeds. It is normal practice 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 requested after layouts or mechanicals are completed are billed at the Company standard hourly rates.
Overtime and rushed orders
Estimates are based on a reasonable time schedule and may be revised to take into consideration the Customer “Priority Scheduling” requests requiring overtime and/or weekend work. Knowledge of the deadlines is essential to provide an accurate estimate. In addition, the Company suppliers may mark up their charges in respect of work required in a hurry.
Exclusion of liability
Under no circumstances, whatever shall the Company be liable for losses special to the particular circumstances of the Customer, indirect or consequential loss including loss of profits, damage to property or wasted expenditure. Without prejudice to the other provisions of these conditions, the Company’s liability shall not exceed the total of the contract fees for the project. The fees for any project are based on the assumption that the liability of the Company and Customer are as set out herein.
Nature of copy and property belonging to others
The Customer agrees to exercise due diligence in its direction to the Company regarding the preparation of materials and must be able to substantiate all claims and representations. The Customer is responsible for all trademark, copyright, legal searches and patent infringement clearances and is solely responsible for arranging these, prior to publication. The Customer is also responsible for any necessary legal clearances, licenses, usage or royalty payments prior to publication.
Errors and omissions
It is the Customer’s 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 his authorized representative is required on the return of all proofs or artwork or written confirmation via e-mail or fax prior to release for printing or other implementation.
Overruns and underruns
Some printers’ terms enable them to deliver over or under the quantity ordered and to charge accordingly. In such cases, the Customer will accept overruns or underruns that do not exceed +/- 10% of the quantity ordered and the Company will bill for the actual quantity delivered within this tolerance.
Placement of advertising
At your request, we will purchase media space on the Customer’s behalf which will be billed to the Customer at current rates plus the standard agency commission. The Company cannot be held liable for advertising which does not appear on a particular time/date or issue or in a particular position or break.
Property and suppliers performance
The Company will take all reasonable precautions to safeguard property entrusted to them. In the absence of negligence on the Company part, however, the Company are not responsible for loss, destruction or damage or unauthorized use by others of such property. The Company will use their best efforts to ensure quality and timely delivery of all printed matter. Although the Company may use their best efforts to guard against any loss arising from the failure of suppliers, media, or others to perform in accordance with their commitments, the Company is not responsible for failure on their part. The Company cannot in any way be held responsible for quality, price, performance or delivery of materials made or supplied by others where the work has been placed directly by the Customer or his agents.
All materials or property belonging to the Customer, as well as work performed, may be retained as security until all just claims against the Customer are satisfied.
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 of 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, the Customer may not use or reproduce the design, work or the property therein for a purpose other than the one(s) originally stipulated. If the Customer wishes to use the design the Company 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. The Company reserve the right to photograph and/or distribute or publish for promotional and marketing needs any work the Company create for the Customer, including roughs, visuals, mock-ups and presentations, as samples for our portfolio, newsletter, brochures, presentations and website and for entry for awards. The Company will endeavour to store files on computer disks for a period of 6 months beyond the delivery of a job. Thereupon, the Company reserve the right to discard them without notice.
The Customer will indemnify and hold the Company harmless for any loss or expense (including legal fees), and agree to defend the Company in an actual lawsuit, claim or action arising in any way from the working relationship. This includes, but is not limited to claims made against the Customer and any of its products and services arising from the publication of materials that the Company prepare and the customer approval before publication.
Production schedules, storage of files and property belonging to the Client will be established and adhered to by both Customer and the Company, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, industrial dispute or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Customer or the Company. Where production schedules are not adhered to by the Customer, final delivery date or dates will be adjusted accordingly.
Completed and outstanding projects
A design project is considered complete upon receipt of the final artwork by the customer. Other services such as printing, display production, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge. Projects which are left uncompleted by a client for more than 1 month (30 days), without any reasonable progression or further instruction will be invoiced. The invoiced amount will be for the work completed thus far.
The validity and enforceability of this agreement will be interpreted in accordance with the laws of England but the Company reserves the right to bring proceedings in connection with this contract in any other court of competent jurisdiction. Failure by the Company to enforce any of these conditions shall not be construed as a waiver of that condition or any other condition. By commissioning the Company to begin work for the Customer, the Customer is automatically acknowledging these terms and is bound by them.