Terms and Conditions

1. Definitions
a. "Seller" means the party providing the goods or services.
b. "Buyer" means the party contracting with the Seller to acquire the goods and services supplied.
c. "Job" means all goods and services supplied by the Seller to the Buyer.

2. Materials supplied by the Buyer
a. It is the Buyer's responsibility to maintain a copy of any Electronic File or database provided by the Buyer and The Seller is not in any way liable for files or data lost during the production process.
b. The Seller shall not be responsible for checking the accuracy of an electronic file unless otherwise agreed in writing.
c. The Seller shall make reasonable efforts to ensure that the supplied material is fit for purpose, but is not in any way liable for the quality of the end product(s) should the Buyer supply the materials in a format different to that specified in the Seller's 'Artwork Guidelines'.
d. Where additional work is requested of the Seller to ensure a quality end product, an additional fee may be charged at the absolute discretion of the Seller.
e. If the Seller has advised the Buyer that there is an issue with the materials supplied, and the Buyer instructs the Seller to proceed anyway, the Seller will make reasonable efforts to ensure the results are satisfactory, but shall have no liability for the quality of the end product (s).
f. All property supplied to the Seller by or on behalf of the Buyer shall while it is in the possession of the Seller or in transit to or from the Buyer be deemed to be at Buyer's risk unless otherwise agreed in writing and the Buyer should insure accordingly.
g. On completion of a Job which has involved amendments, design or development by the Seller, the Seller will store the Buyer's materials and Job for a maximum of one month, after which time they will be destroyed without further notice unless otherwise agreed in writing.

3 Retention of Title
a. The Job remains the property of the Seller until the Buyer has paid for it and discharged all other debts owing to the Seller.

4. Proofs and variations
a. Proofs for Jobs will be provided only where specifically requested by the Buyer. A reasonable charge will be made for this service.
b. Unless the Buyer specifically requests a proof in writing, the Seller is indemnified by the Buyer against any and all artwork and editorial errors in the finished product.
c. The Seller shall incur no liability for any errors not corrected by the Buyer where the Buyer has been provided with proofs. Additional proofs may incur further charges.
d. Due to differences in digital screen and software settings and to the nature of the printing process, the Buyer accepts that the finished job may be significantly different from how it looks on their digital viewing device. Variations in colour, intensity and brightness levels are to be expected and will be deemed acceptable unless otherwise agreed in writing.
e. Should a greater degree of colour, intensity and brightness level matching be required, a hard copy or 'wet' proof is recommended. If requested by the Buyer, the Seller will explain the costs, limitations and time involved in undertaking the particular proofing process that is relevant to the Job.
f. Where a hard copy proof has been sent by the Seller to the Buyer and where that proof has been approved for production by the Buyer, every endeavour will be made to match the colour, intensity and brightness levels of that proof in the production of the final Job but the Seller shall have no liability for a variation of less than 10 per cent.
g. Every endeavour will be made to deliver the quantity ordered, but estimates are conditional upon margins of 5 per cent for work being allowed for overs or unders.

5. Payment
a. Any additional work required of the Seller by reason of the Buyer supplying inadequate copy or incorrect instructions shall be charged.
b. Payment shall become due before delivery of the Job. The Seller, at his absolute discretion, may ask for full payment in advance of starting the Job.
c. If Credit Facilities have been granted, payment is due by the date given on the Invoice. If any item(s) remain unpaid by that due date charges will apply, in accordance with s5A and/or s6 of the Late Payment Commercial Debt (Interest) Act 1998. In addition, all invoices will become due immediately and will be treated as overdue items, with appropriate charges applied and all costs reasonably incurred in collecting the debt payable by the Buyer.

6. Delivery
a. Completion and delivery times are a guide only and, whilst the Seller will make every effort to adhere to the delivery or completion date, time is not of the essence in any contract with the Buyer.
b Once a delivery address has been nominated by the Buyer, the address can only be changed at the absolute discretion of the Seller. The Seller will use reasonable endeavours to ensure that a delivery is convenient for the Buyer, but shall have no liability for delivery problems caused by the nominated address being difficult to find, by a lack of response to reasonable knocking or ringing, by the delivery being rejected by a person or persons at that address or by the delivery address being uninhabited at the time of delivery.
c. Any publication dates given for a advertising promotion are a guide only and, whilst the Seller will make every effort to adhere to the publication date, time is not of the essence in any contract with the Buyer. The Seller shall have no liability for a delay in publication of less than two months. Where the publication of an advertising promotion has been delayed by more than two months the Buyer may, at their discretion, request a refund for the part of the advertising promotion as yet unfulfilled.

7. Claims and Liability
7.1 Claims
a. Notification of damage, delay or loss of goods in transit or of a non-delivery must be given in writing to the Seller within four clear days of delivery (or failure thereof) of the Job and any claim in respect thereof must be made in writing to the Seller within seven clear days of delivery (or failure thereof) of the Job. The Seller shall not be liable in respect of any claim unless these requirements have been met except in any particular case where the Buyer proves that the claim was made as soon as reasonably possible.
b. If the Job is defective so that the Buyer may in law reject it, said rejection must take place within 9 days of delivery of the Job, failing which the Buyer will be deemed to have accepted the Job.
c. In the event of all or any claims or rejections the Seller reserves the right to inspect the Job within 9 days of the claim or rejection being notified.

7.2 Liability
a. Insofar as is permitted by law where a Job is defective for any reason, including negligence, the Seller's liability (if any) shall be limited to rectifying such defect, or crediting its value against any invoice raised in respect of the Job.
b Where the Seller performs its obligations to rectify defective Jobs under this condition the Seller shall not be liable for indirect loss, consequential loss or third party claims occasioned by defective Jobs and the Buyer shall not be entitled to any further claim in respect of the Job nor shall the Buyer be entitled to repudiate the contract, refuse to pay for the Job.
c. Defective Jobs must be returned to the Seller. If the Job is not available the Buyer will be deemed to have accepted the Job and no credits or replacement Job will be provided.
e. The Seller shall not be liable for indirect loss, consequential loss or third party claims occasioned by delay in completing the Job or for any loss to the Buyer arising from delay in transit, whether as a result of the Seller's negligence or otherwise.
f. Where the Seller offers to replace a defective Job the Buyer must accept such an offer unless he can show clear cause for refusing so to do.
g. Nothing in these conditions shall exclude the Seller's liability for death or personal injury as a result of its negligence.

8. Illegal matter and Copyright
a. The Seller shall not be required to print any matter which in his opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
b. The Buyer shall be responsible for obtaining all necessary authorities and consents to reproduce (non-exhaustively) artwork, photographs, copyright text and the like ("Materials") prior to instructing the Seller to reproduce the same. The Buyer shall indemnify and hold blameless the Seller against all demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by the Seller infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
c. All design Work commissioned or ordered by the Buyer and originated by the Seller shall, as to its material elements and as to the copyright or design right in relation to it, belong to the Seller.
d. The Buyer shall not have any right to reproduce or authorise any other person to reproduce any such design Work in whole or in part or do any act which would, in the absence of written authorisation by the Seller, infringe any copyright or design right which may subsist in relation to any such design Work.
e. The Seller may, at the request of the Buyer, assign the copyright and design right of design Work to the Buyer upon payment of the Seller′s expenses in relation to such assignment.

9. Data Protection
The Seller may transfer personal information about the Buyer to a Credit Agency.

10. Law
These conditions and all other express and implied terms shall be governed and construed in accordance with the laws of England and the parties agree to submit to the jurisdiction of the courts of England and Wales.

11. Consumers
Nothing in these Terms shall affect the rights of Consumers.

12. Severability
All clauses and sub-clauses of this Agreement are severable and if any clause or identifiable part thereof is held to be unenforceable by any court of competent jurisdiction then this shall not affect the enforceability of the remaining provisions in these Terms and Conditions.