1.1 These terms and conditions of business(“the terms”) govern every contract made between Creative Cadence Limited 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 Creative Cadence Limited.
1.4 All contracts between Creative Cadence Limited 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 Creative Cadence Limiteda fixed fee or current hourly rate – whichever is agreed at the time of instruction.
2.2 Creative Cadence Limited reserves the right to add interest to any account outstanding after 14 days up to the maximum permitted by legislation under the Late Payment of Commercial Debts [Interest] Act 1998.This will continue to increase daily foreach day the invoice remains unpaid.
2.3 Creative Cadence Limited will invoice the client after 30 days if feedback is not received to progress the clients project.
2.4 Invoices from Creative Cadence Limited to the client for supply of goods or services should be paid in full within 14 days of the invoice date, by BACs or cheque.
2.5 Creative Cadence Limited reserve the right NOT to release final files until payment has cleared through its bank.
2.6 Creative Cadence Limited Account detailsas follows: Bank: HSBC Bank plcSort Code: 40-14-24
Account number: 31588567
2.7 The client will pay any expenses incurred by Creative Cadence Limited in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
3.1 Orders or briefs for work must be given in writing wherever possible to Creative Cadence Limited by the client.
3.2 Not withstanding clause 3.1, if Creative Cadence Limited accepts a verbal order from the client Creative Cadence Limited will not be held responsible for any mistakes (made by either party) arising from that verbal order.
4.1 All fixed fee quotes given by Creative Cadence Limited will be valid for 28 days from the dateof estimate.
4.2 If the client’s final order changes from the original specification made for the quotation, Creative Cadence Limited reserves the rightto vary the quote.
4.3 Fixed fee quotes assume that there will be a maximum of two sets of amendments/corrections for all work. Excessive authors amendments (in excess of two sets of changes) will be charged out at our hourly rate of £40.
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. Certain elements of the creative process cannot be fast tracked (such as drying times, reprographics, folding, delivery times etc).
5.2 Where quoted, turnaround times are normal target times only and Creative Cadence Limited accepts no liability for failure to meet these times, but will always use itsbest endeavours to do so.
5.3 Where a client misses a time critical deadline, such as supply of copy, proof-reading or sign-off, 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 minimise the adverse impact of missed deadlines – but the onus is on the client to meet agreed deadlines in the first place.
6. Colour and proofing
6.1 Clients need to be aware that when undertaking full colour printing using the CMYK printing system, it is difficult to guarantee exact colour matches with reference to Pantone colour numbers.
6.2 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.
6.3 As a matter of course, the cost of 100% accurate printer’s wet proofs are not included in Creative Cadence Limited quotes. To guarantee absolute piece of mind in respect of colour and picture quality, Creative Cadence Limited advises clients to allow the time and budget to enable us to provide full colour proofs in respect of landmark documents.Wet proofs should be requested when the artwork is signed off.
7. Copyright, moral rights and consents
7.1 Creative Cadence Limited claims no copyright in material submitted to me for the purposes of fulfilling the clients instruction.
7.2 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 Creative Cadence Limited.
7.3 The client also warrants that no copyrightor moral rights will be infringed byCreative Cadence Limited carrying outthe requested work.
7.4 The client agrees to indemnify Creative Cadence Limited against all losses, damages, claims or expenses which Creative Cadence Limited may incur by virtue of any breach of the above warranties.
7.5 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. Creative Cadence Limited cannot be held liable for any infringement of privacy, or any damages arising from, the use of such photographs.
7.6 Where the client commissions Creative Cadence Limited to source photography in the form of an original photo shoot or from an Image Stock Library Company, Creative Cadence Limited can deal with the copyright of this material should the client wish.
7.7 Costs for stock photography/illustration and/or photographic shoots are never included in a quotation for design work unless specifically stated. These will always be quoted for separately if commissioned.
7.8 Where advertising, photography, artwork or design has been commissioned, the parties agree that copyright for all work carried out is retained by Creative Cadence Limited. Once Creative Cadence Limited has received payment in cleared funds, the reproduction and publication rights shall transfer to the Client, but until such time shall remain vested in Creative Cadence Limited and the Client shall hold such material as bailee until Creative Cadence Limited has been paid in full.
8.1 The client must contact Creative Cadence Limited, concerning the details of any Creative Cadence Limited 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, charityor organisation.
8.2 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.
8.3 The use by the client of any items which he/she regards as sub-standard will be deemed by Creative Cadence Limited as acceptance by the client that the item is fit for use and full repayment will be expected.
8.4 Creative Cadence Limited’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 Creative Cadence Limited for whatever reason;-
8.4.1 Will be limited to the replacement cost of the actual material and;
8.4.2 Creative Cadence Limited will not be liable for the cost of reshooting or reprinting the material contained onthe material and;
8.4.3 Creative Cadence Limited will not be liable for any loss or damage to the client or any other party including lossof income and;
8.4.4 It is the clients responsibility to insure against such loss and damage.
8.5 Creative Cadence Limited will not be liable for failing to complete any contract between Creative Cadence Limited and the client due to circumstances beyond Creative Cadence Limited’s control including loss of power supply, machine breakdown, loss of materials, fire or flood.
9.1 It is not the policy of the company to give discounts, refunds or partial refunds.
10.1 Any personal and corporate information you provide Creative Cadence Limited with, is used to enable Creative Cadence Limited to fulfil your order or enquiry and to help improve the service to you. This may include informing you of any product, service or information in the future, that may be of interest to you. We do not share any of your personal information with any other party.
10.2 Creative Cadence Limited agrees not to use any Confidential Information disclosed to it by the client for its own use of for any purpose other then to carry out discussions concerning, and the undertaking of the project. Creative Cadence Limited will not disclose any Confidential Information of the Company to parties outside the Relationship. Creative Cadence Limited agrees that it will take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the Company in order to prevent it from falling into the public domain or the possession of persons other than those persons authorised under this Agreement to have any such information.