360 Degrees Creative terms and conditions
This document is to be viewed by all involved parties as a binding and insoluble
contract in agreement to the terms stated below. After starting any job with 360
Degrees Creative, you authorise 360 Degrees Creative to proceed with the creation
of the services/products as discussed with the sales representative and confirmed
on the Job Approval.
office hours
360 Degrees Creative's office hours are 9am - 5.00pm, Monday to Friday. Telephone
calls received out of hours will be diverted to our answering machine and dealt
with on the next working day. Where staff mobile telephone numbers are provided,
we ask that you exercise discretion when calling out of hours and only call in emergencies,
as in some cases these are also the staff's personal telephones. We appreciate your
understanding.
Contacting 360 Degrees Creative
In order to deal more effectively with your queries, we ask that you put any questions
to us in writing. This system allows us to distribute questions to the appropriate
departments, and thereby respond to you, more efficiently. To contact us email:
mail360degrees@yahoo.co.uk
Provision of Materials
You agree to provide us with the specific copy, images and information we require
in order to create your product, or to advise us as to where we can locate such
materials. We accept no responsibility for your site not being put live/product
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 product, as these may arise through our lack of specialist knowledge regarding
the content of your product. The 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, will be charged to you at our standard
rate. We accept no responsibility for the delay caused in providing you with the
final product as a result of your supplying us with insufficient or unsuitable materials.
This does not apply if the additional cost could have been avoided but for unreasonable
delay on the part of 360 Degrees Creative in ascertaining the unsuitability of the
materials with which you provide us. 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.
Print Proof Agreement
If the sales representative 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 360 Degrees Creative 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 360 Degrees Creative
responsible for anything you are unhappy with. This contract revokes your right
to take any kind of action against 360 Degrees Creative for any aspect of the work
with which you are later dissatisfied. Signing this contract means that, as long
as the finished product is as discussed with the sales representative and consistent
with the proof if supplied, you must pay in full for the work. This fact applies
whether or not you later take issue with any aspect of the product. These terms
are final and non-negotiable. This is your final opportunity to make changes to
the content.
Making Changes After Proof Stage (Print Only)
If a change is requested, we will do everything we can to make the correction before
the printing starts, but we cannot guarantee this. 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 "Proof Agreement" above).
Once the proof is signed off or agreed, whether verbally or via email, we incur
a film / plate(s) charge and this is passed on to you as part of the total charge
(see "Price Breakdown"). Any changes made after a proof is signed off will result
in a further film / plate(s) charge.
Print Quality (Print Only)
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, 360 Degrees Creative cannot
guarantee an exact match in colour or texture between any materials with which you
supply us, and the printed article.
Claims (Print Only)
Advice of damage, delay or partial loss of goods in transit or of non-delivery must
be given in writing to 360 Degrees Creative 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 360 Degrees Creative 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 360 Degrees Creative
within 28 days of delivery. 360 Degrees Creative shall not be liable in respect
of any claim unless the aforementioned requirements have been complied with except
in any particular case where the customer proves that
(a) it was not possible to comply with the requirements and
(b) advice (where required) was given and the claim made as soon as reasonably possible.
Standing Material (Print Only)
All materials (including but not limited to film, plates, negatives and positives)
produced and used by 360 Degrees Creative during the production process remain the
property of 360 Degrees Creative. Where these materials are provided by the client,
they remain the property of the client.
Payment Terms (Print)
New customers agree to pay a deposit of 40% of the final bill upon ordering, and
to pay the outstanding balance on delivery of the completed work. Existing customers
agree to adhere to the terms stated on the invoice. All deposit payments are non-refundable.
Copyright
Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned
artwork, illustrations and website design belong to 360 Degrees Creative. 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 360 Degrees Creative
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.
Quotes/Estimates
All quotes 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.
Illegal Matter
360 Degrees Creative 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.
Consequential Loss
360 Degrees Creative accept no liability whatsoever for consequential or third party
losses, resulting in a delay in delivery howsoever caused.
Financial Loss
360 Degrees Creative accept no liability whatsoever for financial loss or loss of
earnings arising from products or services provided by 360 Degrees Creative.
Force Majeure
360 Degrees Creative accept no responsibility if we are unable to carry out any
provision of the contract for any reason beyond our 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
you may, by written notice to ourselves, elect to terminate the contract and pay
for work done and materials used, but subject thereto shall otherwise accept delivery
when available.
Liability
360 Degrees Creative shall not be liable for any loss to the customer arising from
delay in transit caused by circumstances beyond 360 Degrees Creative’s control.
Price Breakdown
The invoice we send you will be itemised, showing the cost of the design and research
process, as well as the production itself. Supplying us with suitable material will,
therefore, reduce the time spent on design and, thereby, the final charge. VAT is
charged at the current Customs & Excise rates and according to current regulations,
irrespective of whether or not it is included in a price quotation.
Jobs Put On Hold or Cancelled by the Client
Jobs put on hold or cancelled by the client during production will be invoiced at
current stage and materials. This invoice must be paid in full together with any
VAT that falls due accordingly.
Credit Terms
For invoices not settled within the agreed credit terms, we reserve the right to
charge interest on the overdue debt at 2% above the Barclays base rate at the time
and an administration fee to cover the debt recovery costs.
Insolvency
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, 360 Degrees Creative, 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.
Data Protection
360 Degrees Creative agrees to keep confidential information of its clients confidential.
All information will be treated as confidential in accordance with the Data Protection
Act.