Terms & Conditions of Business
The following Terms and Conditions of Service apply to all products and services provided by Skandesign Limited, Registered Office, Awel-an-Mor, 4 Furze Gardens, Morwenstow, Cornwall, EX23 9SX, referred to in this document as ‘the Company’. The Company is a limited company registered in England and Wales under the registration number 05464043. The Company is also registered with the HMRC for VAT purposes under VAT Registration number 865052326. All work is 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.
Project acceptance
At the time of estimation, the Company will provide the customer with a verbal, written estimate or quotation. By accepting the estimate or quotation the customer is agreeing to the Terms and Conditions set out herein.
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 project, 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 finished materials. 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 at our standard rate. 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.
Print Services
Print Proof Agreement
If the Company has provided you with a proof, your confirmation for us to go ahead and produce print ready files or issue an order to the specified printer to go ahead with producing the items, you agree to the design and contents of the printed document as depicted on the proof. By reading and understanding 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-off the proof, if supplied, by verbal confirmation or email, 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. Sign-off of the proof 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 (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 charges and these are passed on to you as part of the total 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, the Company cannot guarantee an exact match in colour or texture between any materials that you may have supplied us, and the printed article.
Quantity Supplied (Print Only)
Every effort is made to produce the exact quantity of items ordered. However, some variation is inherent in the print process and so you accept that minor variations in quantity are possible. These do not affect the price charged.
Claims (Print Only)
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the Company 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 the Company 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 the Company within 28 days of delivery. The Company 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 (i) it was not possible to comply with the requirements and (ii) 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 the Company during the production process remain the property of the Company. Where these materials are provided by the client, they remain the property of the client. The Company reserves the right to dispose of lithographic work immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged for the safe-keeping of the materials.
Payment Terms (Print)
New customers agree to pay a deposit of 50% 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.
Online Services
Website and Online Assets
These are charged at our standard rate per hour (minimum one hour).
The Buyer acknowledges that it is the Buyer’s responsibility to ensure that the facilities and functions of the Licensed Materials meet the Buyer’s requirements.
General
Copyright
Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website assets, 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 agreeing to this document, 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.
Estimates
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.
Illegal Matter
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 libelous 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
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.
Financial Loss
The Company accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by the Company.
Force Majeure
The Company 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
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.
Price Breakdown
The invoice we send you will be itemised, showing the cost of the work carried out. 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 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.
Credit Terms
For invoices not settled within the agreed credit terms of 30 days from invoice date, we reserve the right to charge interest on the overdue debt at 2% above the HSBC 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, 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.
Data Protection
The Company agrees 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. Enquiries regarding data protection issues should be addressed by email to studio@skandesign.co.uk or in writing to the Data Protection, Skandesign Ltd, 4, Furze Gardens, Morwenstow, Bude, Cornwall, EX23 9SX.
Acceptance of these Terms and Conditions
These terms and conditions are deemed to have immediate effect and apply to current and future contracts and projects that are in progress. Should you wish to vary the terms of this agreement in the future, this must be in writing and our acceptance of any variation must be evidenced in writing. Verbal evidence will not be acceptable. If we cannot reach agreement on any variations you wish to make, we reserve the right to withdraw our services without notice, at which time the terms of this document will remain binding. Queries regarding these terms and conditions should be addressed to studio@skandesign.co.uk
June 2021 – Skandesign Limited | Company Registered in England and Wales 05464043