Moss Bank Graphics Terms & Conditions
1. Quotation A quotation not accepted within thirty days may be changed.
2. Orders Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond the providers control. Canceled orders require compensation for incurred costs and related obligations.
3. Experimental Work Experimental or preliminary work performed at customer’s request will be charged to the customer at the provider’s current rates. This work cannot be used without the provider’s written consent.
4. Creative Work Sketches, copy, dummies and all other creative work developed or furnished by the provider are the provider’s exclusive property. The provider must give written approval for all use of this work and for any derivation of ideas from it.
5. Accuracy of Specifications Quotations are based on the accuracy of the specifications provided. The provider can re-quote a job at time of submission if copy, film, tapes, disks, or other input materials don’t conform to the information on which the original quotation was based.
6. Preparatory Materials Art work, type, plates, negatives, positives, tapes, disks, and all other items supplied by the provider remain the provider’s exclusive property.
7. Electronic Manuscript or Image It is the customer’s responsibility to maintain a copy of the original file. The provider is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final output. Until digital input can be evaluated by the provider, no claims or promises are made about the provider’s ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize customer-supplied files will be changed at prevailing rates.
8. Alterations/Corrections Customer alterations include all work performed in addition to the original specifications. All such work will be charged at the provider’s current rates.
9. Prepress Proofs The provider will submit prepress proofs along with original copy for the customer’s review and approval. Corrections will be returned to the provider on a “master set” marked “O.K.”, “O.K. with corrections”, or “Revised proof required” and signed by the customer. Until the master set is received, no additional work will be performed. The provider will not be responsible for undetected production errors if: A. proofs are not required by the customer; B. the work is printed per the customer’s O.K.; C. requests for changes are communicated orally.
10. Press Proofs Press proofs will not be furnished unless they have been required in writing in the provider’s quotation. A press sheet can be submitted for the customer’s approval as long as the customer is present at the press during makeready. Any press time lost or alterations/corrections made because of the customer’s delay or change of mind will be charged at the provider’s current rates.
11. Color Proofing Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is to be expected. When variation of this kind occurs, it will be considered acceptable performance.
12. Over-Runs or Under-Runs will not exceed 10% of the quantity ordered. The provider will bill for actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
13. Delivery Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. provider’s platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, the provider will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to the provider, or from the customer’s supplier to the provider, are not included in quotations unless specified. Title for finished work passes to the customer upon delivery to the carrier at shipping point; or upon mailing of invoices for the finished work of its segments, whichever occurs first.
14. Production Schedules Production schedules will be established and followed by both the customer and the provider. In the event that production schedules are not adhered to by the customer, delivery dates will be subject to renegotiation. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of the provider. In such cases, schedules will be extended by an amount of time equal to delay incurred.
15. Outside Purchases Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.
16. Terms, Claims & Liens If customer is approved for credit by provider, payment is net cash 28 calendar days from date of invoice. Claims for defects, damages or shortages must be made by the customer in writing no later then 10 calendar days after delivery. If no such claim is made, the provider and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that the provider’s performance has fully satisfied all terms, conditions, and specifications. The Provider’s liability will be limited to the quoted selling price of defective goods, without additional liability for special or consequential damages. As security for payment of any sum due under the terms of an agreement, the provider has the right to hold and place a lien on all customer property in the provider’s possession. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed. If payment is not made, the customer is liable for all collection costs incurred.
17. Liability – A. Disclaimer of Express Warranties: Provider warrants that the work is as described in the purchase order. The customer understands that all sketches, copy, dummies, and preparatory work shown to the customer are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed. B. Disclaimer of Implied Warranties: The provider warrants only that the work will conform to the description contained in the purchase order. The provider’s maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will the provider be liable for specific, individual, or consequential damages.
18. Indemnification The customer agrees to protect the provider from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold the provider harmless and save, indemnify, and otherwise defend him/her against claims, demands, actions and proceedings on any and all grounds. This will apply regardless of responsibility for negligence. A. Copyrights. The customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The customer further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the customer agrees to indemnify and hold the provider harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided. B. Personal or Economic Rights. The customer also warrants that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone’s right to privacy or other personal or economic rights. The customer will, at the customer’s sole expense, promptly and thoroughly defend the provider in all legal actions on these grounds as long as the provider: 1. promptly notifies the customer of the legal action 2. gives the customer reasonable time to undertake and conduct a defense. The provider reserves the right to use his or her sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper or infringing upon copyright law.
Moss Bank Graphics Soft Proof Usage Agreement.
There are important limitations associated with PDF Soft Proofs-Please read below:
A PDF (Portable Document Format) or Jpeg Soft Proof has been sent to you via email. Approving the proof via email will constitute binding approval. The PDF Soft Proof is an electronic Color and Imposition Proof used to proof the color and imposition of your job. It has significant limitations detailed below. If you do not want to use the Soft Proof service, please contact Moss Bank Graphic and we will provide you with a traditional hard copy of the proof.
This is your final proof prior to going to press so review this proof carefully. Look for any errors including but not limited to color, copy errors, color-split errors, trapping errors and imperfections. If more than one proof was part of the download, this is an item that will be printed multiple up on the press sheet. Please check each proof to assure accuracy. If there are changes, please state the changes clearly in a return email or signed Hard proof copy requesting another proof”, make notations clearly as to avoid delay in the proofing stage. Please be very clear when describing changes. If the proof is acceptable, Please state clearly in a return email for Moss Bank Graphics to go ahead into print production or if we provided you with a hard copy, please return and sign clearly stating to go ahead into print production.
There are many limitations in an electronic Soft Proof that are not present in a traditional hard copy proof. Among them are the fact that a Soft Proof is low resolution, transmissive (as opposed to reflective like a hard proof), not color calibrated, etc., and does not show finishing (folding, stitching, perforations, etc.) or pagination (back up). If you view the proof on a computer monitor that is not properly color calibrated, the Soft Proof will look different from the final hard copy product.
By forgoing a traditional hard proof, you understand these limitations and assume all risks and liabilities, financial and otherwise, associated with using the Soft Proof service, and you further agree to indemnify and hold Moss Bank Graphics Printing harmless from any claims, damages or liabilities that arise from or relate to your use of the Soft Proof service.
Moss Bank Graphics will not be responsible for production errors detected after the Soft Proof has been accepted, or for requests for changes that are communicated orally. Moss Bank Graphics does not assume any responsibility for art or copy that has not been proofread. Moss Bank Graphics does not assume any responsibility for the color calibration of a customer’s monitor or for the differences between a soft proof and a high-resolution hard copy color proof. Moss Bank Graphics does not assume any responsibility for any errors which result from the limitations of soft proofing. Alterations from original copy will require an additional charge. The digitally approved proof must be returned to Moss Bank Graphics in order to proceed.
Moss Bank Graphics Web Design and Hosting Terms and Conditions
The following terms and conditions apply to all web site development and hosting services offered by Moss Bank Graphics (Hosting will be passed over to client to maintain). By accepting a quote either verbally or in writing or ordering a product from Moss Bank Graphics you are agreeing to the following terms and conditions.
General Terms
1. All prices exclude VAT at 17.5% unless otherwise stated.
2. Quotes are valid for 28 days.
3. It is the customers responsibility to ensure that any web site is lawful, does not infringe any copyright or any other laws. It is also the customers responsibility to carry out any market research as to the viability and profitability of any project before accepting any quote.
4. We reserve the right to refuse to construct a web site that we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.
5. The acceptance of a commission quote either verbally or in writing shall be deemed as a contractual agreement between the client and Moss Bank Graphics.
6. At project acceptance Moss Bank Graphics can provide an estimated completion date, however we cannot guarantee this date as a final completion date.
7. A deposit of no less than 50% of the total quoted price must be provided before project commencement.
8. Once a commission has commenced it will be completed using the information, data, text and images provided at project commencement or during the design phase. Once the design process has been completed the project will be presented to the client who may make any changes to design and content he wishes (within limits to the initial Theme of the website and time of working on the project.
9. Moss Bank Graphics will initially place the client’s web site on a maintenance server in order that the client may view and comment upon the project. Once the client has approved the project a final invoice will be presented.
10. Moss Bank Graphics reserve the right to alter our prices at any time without prior notice. If a quote at an original price has been made it will be valid for 28 days and subsequently during the life of the current commission, however additional work may be charged for using the new pricing structure.
11. A clients site will be hosted once approval of the design and content is given however we reserve the right to remove the site at any time until the invoice is paid in full.
12. When a quote has been accepted and a developed project approved by the client the invoice must be paid within 28 days regardless of the amount of content that the client still has to provide to Moss Bank Graphics.
13. Content or features listed in the original quote but not provided during the development phase by the client will be added at any time in the future, however invoices must be paid in full including sections which the client still has to provide content for.
14. All material, both text and images, supplied by the client and used in the construction of the client’s web site, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
15. The copyright for all material provided by Moss Bank Graphics, such as source code, graphics, photographs video, animation and text, will remain the property of Moss Bank Graphics until such time as payment has been made in full whereupon they will become the property of the client.
16. Moss Bank Graphics produce projects where every effort is made to display the pages acceptably on most popular browsers currently available, however we cannot accept responsibility for pages which don’t display properly on versions of browsers released after the project is completed.
17. The client is ultimately responsible for checking the correctness of the site before they give Moss Bank Graphics the go ahead to make the site publicly available.
18. When a client agrees that a site can be made publicly available they are agreeing that the design and development of the site has satisfied all their requirements.
Payment
1. By agreeing to these terms and conditions your statutory rights are not affected.
2. Our payment terms are 28 days, payment must be made by cheque or cash and delivered to our premises unless otherwise agreed.
3. Any payment returned by the bank will incur a £15 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.
4. Late payments will be charged interest at our rate of 8.5%.
Hosting, support and updating service agreements
1. Moss Bank Graphics offer annually renewable packages of hosting and updating service agreements which can be purchased as part of a package or separately. These include hosting, content updating.
2. These packages are quoted for either on application or at time of quoting for a full project.
3. Hosting, support and updating services are annually renewable, package start dates are based on when the package or domain name is first registered and not when the web project goes live.
4. Our content update service refers to any content, photographs or text which replaces any current content. It does not extend to producing new sections or pages unless otherwise noted.
5. Quoted prices generally stay the same year on year but can change depending on the amount of content updated, additional sections added, bandwidth or web space used.
6. We cannot guarantee inclusion or accept responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client’s web site.
7. Hosting support and updating packages are renewed annually, invoices are provided approximately one month before the renewal date, however or usual payment terms apply from the invoice date.
8. Customers wishing to cancel a hosting, support or updating package must inform us before the invoice date otherwise full annual payment will be required.
9. No partial refunds will be given for hosting, servicing or updating packages cancelled during the current agreements time period.
10. While we and our hosting partners take many steps to ensure that clients sites are always backed-up it is the clients responsibility to inform us when they make a change to the site so that we can then backup that specific part. For example databases of database driven sites.
Visits to clients premises
1. We will visit any premises free of charge for a no obligation consultation. Any further visit may be charged at our mileage rate of 30 pence per mile return at our discretion.
2. Any additional meeting time of the web development project will be included in the initial quoted price, the client will not be charged any extra. Any time spent on any other job, for example computer setup / repair may be charged at our hourly rate of £15 Per Hour at our discretion.
By agreeing to these terms and conditions your statutory rights are not affected.
Moss Bank Graphics will reserve the right to alter any of the above terms and conditions at any time.
