Terms and Conditions of Business
The following Terms and Conditions of Business apply to all products and services provided by DKB Creative Ltd collectively referred to in this document as ‘the Company’.
All work carried out by the Company is done so on the understanding that the client has agreed to the Company Terms and Conditions as set out below.
At the time of estimation, the Company will provide the customer with a written estimate or quotation.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to the Company. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept the Company’s terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation has been received by the Company. By accepting the estimate or quotation the customer is agreeing to the Terms & Conditions set out herein.
At our discretion we may request a non refundable deposit of up to 50% payment before any design work commences for all new clients.
Quotes and Invoices we send you will be itemised, showing the cost of the design and research process, as well as the production itself. Where any print costs are involved, dkb creative ltd can act as an agent of your behalf. You the client are legally responsible for any payment to a supplier (third party), but with your permission we can make payment on your behalf. Any such payments will be shown clearly in the invoice as ‘Print – acting as agent’.
All estimates for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.
Provision of Materials
You agree to provide us with the specific copy, images and information we require in order to complete the work, or to advise us as to where we can locate such materials. We accept no responsibility for your work not being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you.
If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final work. Any time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, may be charged at our standard rate (agreed in advance). We accept no responsibility for the delay caused in providing you with the final work as a result of your supplying us with insufficient or unsuitable materials.
Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in, or unsuitability of, materials so supplied or specified.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the initial design, will be liable to a separate charge. In these instances, 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.
The customer also agrees that the Company holds no responsibility for any amendments made by any third party, before or after a design is published.
Print Proof Agreement
If the Company has provided you with a proof, your signing this agreement confirms that you agree to the design and contents of the printed document as depicted on the proof. By signing this agreement, you absolve the Company of all liability for any errors, omissions or discrepancies which may be present on the proof. Once you have signed this agreement and proof if supplied, you are not able to make any changes to the final product, nor are you able to hold the Company responsible for anything you are unhappy with. This contract revokes your right to take any kind of action against the Company for any aspect of the work with which you are later dissatisfied. Signing this contract means that, as long as the finished product is consistent with the proof if supplied, you must pay in full for the work. These terms are final and non-negotiable.
Making Changes After Proof Stage
If a change is requested, we will do everything we can to make the correction before any printing starts. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability (see “Print Proof Agreement” above).
Every effort will be made to obtain the best possible colour reproduction on customer’s work but because of the nature of the processes involved, the Company cannot guarantee an exact match in colour or texture between any materials that you may have supplied us, and the printed article.
The client agrees to allow the Company to use any designs in its own publicity and portfolios.
For invoices not settled within the agreed credit terms of thirty (30) days from invoice date, we reserve the right to charge statutory interest (at 8% plus the Bank of England base rate) on the overdue debt and an adminstration fee to cover any debt recovery costs.
Jobs ‘Put On Hold’ or ‘Cancelled’ by the Client
Jobs ‘put on hold’ or ‘cancelled’ by the client during production will be invoiced at our full hourly rate based on the number of hours worked and our outlay on materials. This applies irrespective of any package agreements which have been signed, as package discounts only apply if a job is brought to completion. The invoice we issue must be paid in full together with any VAT that falls due accordingly.
Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to the Company.
If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnify the Company from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.
The Company reserves the right not to print any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
The Company accept no liability whatsoever for consequential or third party losses, resulting from a delay in delivery or loss in service provided by the Company howsoever caused.
The Company accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by the Company.
The Company shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond the Company’s control.
Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their 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 it, the Company, 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 (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its 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 we think fit and to apply the proceeds towards such debts.
The Company agrees to keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act.