creative solutions for print & web

Terms and Conditions:Hide this text

For owner read ‘Inkpressions’, for customer read 'client'.

1. Estimates are based on Inkpressions current 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. All quotes and estimates will be subject to ANY tax due.
   Inkpressions reserve the right to require a deposit of between 30% and 50% of the agreed total costs before any work will be carried out. Once designed, a draft version of the Website/Brochure will be made available for testing/proofing and commenting by the Client. Once this basic design has been agreed to be suitable via email or in writing, any changes to the layout or general design may be chargeable.
   When work on the Website has been completed the final balance of payment is then due in accordance with our terms of payment. Upon completion, if the Client decides they no longer want the Website, they are still obliged to pay for all work that has been done. i.e. if the site has been completed, all monies are now due for payment with no exception. If the Client instructs Inkpressions to cease work on the Website after acceptance of the basic website design then all completed work on the website will be chargeable and subject to our standard payment conditions.
3. All work carried out, whether experimentally or otherwise, at client's request shall be charged at the quoted hourly rate. Web pages may be subject to preliminary work charged separately from the 'per page' rate, ie: Template design, rollover button links, logo conversion.
4. A charge may be made to cover any additional work involved where copy supplied is not clear and legible or supplied as paper original requiring keyboard input.
5. Proofs of all work may be submitted for client's approval and Inkpressions shall incur no liability for any errors not corrected by the proofs. Any changes necessitated thereby shall be charged extra. When style, type or layout is left to Inkpressions judgment, changes there for made by the client shall be charged extra. It is the client's prerogative to ensure all work carried out is approved for correct content inc. grammar, spelling, and technical content. Colour match proofs are available at all stages of pre-press/pre-'going-live' (web) at the request of the client.
   
6. 1. 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 payment shall become due.
   2. Unless otherwise specified the price quoted does not include delivery of the work. All delivery charges will be extra.
   3. Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.
   4. Should work be suspended at the request of or delayed through any default of the client for a period of 30 days Inkpressions shall be then entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
      All accounts are payable nett 30 days (unless other prior arrangement has been made) meaning that all monies due to Inkpressions must be paid within 30 days of completion of work and date of issue of the final invoice. Once a deposit is paid and work begins the client is obliged to pay the balance of payment in full, even if the client decides to cancel the project for whatever reason. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
      Outstanding Accounts, we reserve the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002. Inkpressions reserve the right to charge for costs and expenses incurred in recovering late payments and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date. A copy of “The Act” is available from www.opsi.gov.uk/acts/acts1998/19980020.htm. For outstanding accounts Inkpressions reserve the right to disable the Client’s website or system until such time as we receive all outstanding monies. Following consistent non payment of an invoice our Solicitors will contact the Client in question, with a view to taking the matter further and if the need arises to seek payment through legal proceedings, and if necessary court summons.
7. Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5 per cent for work in one colour only and 10 per cent for other work being allowed for overs or storage (4 per cent and 8 per cent respectively for quantities exceeding 50,000) the same to be charged or deducted.
8. Claims Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the Inkpressions and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to Inkpressions and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to Inkpressions within 28 days of delivery. Inkpressions shall not be liable in respect of any claim unless the aforementioned requirements have been compiled with except in any particular case where the client proves that (1) was not possible to comply with the requirements and (2) advice (where required) was given and the claim made as soon as reasonably possible.
9. Inkpressions shall not be liable for any loss to the client arising from delay in transit not caused by Inkpressions. Internet designs are completed and published at the risk of the client and the proprietor cannot be held responsible for third party costs incurred by the content of such designs. It is the clients responsibility to ensure the contents is in keeping with English laws inc. copyright, criminal law, patents, trademarks and any other authority legislation affected by the content of the web site. The proprietor reserves the right to terminate at any time a contract to design, print, publish any material felt to be in contradiction of any of these laws (see section 13)
10. Standing material
    1. Metal, film, glass, digital media and other materials owned by Inkpressions and used by him/her in the production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives and the like shall remain his/her exclusive property. Such items when supplied by the client shall remain the client's property.
    2. type may be distributed and lithographic, photogravure or other work effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.
11. Client's property
    1. except in the case of a client who is not contracting in the course of a business nor holding himself out as doing so, client's property and all property supplied to Inkpressions by or on behalf of the client shall while it is in possession of Inkpressions or in transit to or from the client be deemed to be at client's risk unless otherwise agreed and the client should insure accordingly.
    2. Inkpressions shall be entitled to make a reasonable charge for the storage of any client's property left with Inkpressions before receipt of the order or after notification to the client of completion of the work. It is the clients responsibility to ensure that in the case of web names and hosting the renewal payments are made within the contract period. A charge may be payable for data transfer to the client or an appointed agent out side of the original cost of design, ie: for - archive retrieval, CD burn, and transfer of scripted elements to another company’s server
12. Materials supplied by the client
    1. Inkpressions may reject any paper, plates, media storage, photographs or other materials supplied or specified by the client which appears to him 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 Inkpressions in ascertaining the unsuitability of the materials then that amount shall not be charged to the client.
    2. Where materials are so supplied or specified, Inkpressions 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.
    3. Quantities of materials supplied shall be adequate to cover normal spoilage.
13. Insolvency. If the client ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, the Inkpressions without prejudice to other remedies shall
    1. have the right not to proceed further with the contract or any other work for the client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the client, such charge to be an immediate debt due to him, and
    2. in respect of all unpaid debts due from the client have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.
14. Illegal matter
    1. Inkpressions shall not be required to publish any matter which is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
    2. Inkpressions shall be indemnified by the client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, and design or of any other proprietary or personal rights contained in any material published for the client. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim. (see section 8). It is the responsibility of the client supplying images, text and any other elements forming the final design to ensure they are copyright approved and/or permissions have been granted for their usage if not owned/copy written by the client
15. Force majeure. Inkpressions shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may by written notice to the Inkpressions elect to terminate the contract and pay for work done and materials used, but subject thereto shall 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. Copyright ^© all imagery and/or scripting used on Inkpressions servers or servers contracted by Inkpressions remains the intellectual property of Inkpressions, therefore it is prohibited and unlawful to...
    copy, adapt, distribute, communicate to the public by electronic transmission (including by broadcasting and in an on demand service), rent or lend copies to the public or any other 3rd party within England and the UK without prior written permission of Inkpressions. If material is discovered in use without permission Inkpressions will inform the police or the relevant local trading standards department.