Terms of Business
P&P Creative Ltd (The Company) is in the business of providing high quality creative design services to client companies (The Client). These terms of business set out the general terms governing such business between The Company and The Client.
The client agrees to accept these terms of business as a condition of entering into a contract with The Company. These terms are incorporated into each individual piece of creative design work The Company undertakes on behalf of The Client.
P&P Creative Ltd cannot accept responsibility for missed deadlines due to the non-acceptance of briefing instructions sent via the post or electronic mail. Please ensure that you make a follow-up call to ensure that we are in receipt of the project and discuss the feasibility of your requirements and time scales indicated.
Copyright, intellectual property rights, design rights
Where The Company conceives, creates and or designs new and/or original artistic design(s) for The Client, copyright, intellectual property rights unregistered design rights and, if applicable registered design rights, will be owned by the Client on full payment of the invoice. The print ready/final output files will be owned by the Client but the working files will remain the property of The Company. Supply of working files or assets on a Client’s request will be purely at the discretion of The Company and may be subject to a nominal charge. Where The Company is required by The Client to modify an existing artistic design for The Client, The Client warrants that it owns the copyright, intellectual property rights, unregistered design rights and, if applicable, registered design rights to the material and therefore has the right to provide The Company with the material. In the event that it subsequently transpires for whatever reason that the provision of such material is in breach of copyright, intellectual property rights, unregistered and/or registered design rights The Client accepts full responsibility for any such infringement. The Company does not accept any responsibility for any such infringement by The Client. By accepting these terms The Client agrees to taking sole responsibility for ensuring that it is not in breach of copyright, intellectual property rights and or design rights.
In general estimates are valid for 30 days however The Company reserves the right to make changes to estimates at any time. The Company agrees to notify The Client about such changes in the event that The Client wishes to place an order before The Company accepts the order. The Client agrees to provide all relevant details regarding the work required to enable The Company to make an accurate estimate. In the event that an estimate is made and accepted but the briefing did not specify fully the type or level of work required The Company reserve the right to notify The Client accordingly and to charge for additional work done which was not indicated in the original briefing given.
The Client will be deemed to accept the price quoted by The Company on placing of an order. The Client agrees that it authorises its representatives whether employees, agencies or others to place orders on its behalf. The Company is entitled to believe that employees and or agencies acting on behalf of The Client from whom it has previously accepted orders shall be deemed an authorised representative of The Client whether notified in writing or otherwise. In the event that such persons are no longer authorised to place orders The Client agrees to notify The Company in writing at least 4 weeks before authorisation ceases. The Client agrees to pay in full on the due dates and for the amounts specified any orders placed by authorised persons. In the event that persons are no longer authorised to place orders for The Client providing they were authorised when the order was placed The Client agrees to pay in full the amounts specified on the dates specified as per the original order. For clarity all persons and agencies from whom The Company have previously accepted orders are regarded as authorised persons unless The Client has notified The Company as above. Where The Client operates a specified ordering system it agrees to notify The Company of the relevant details at the time orders are placed. It agrees to provide The Company with all the relevant details to enable The Company to comply with the system. Similarly if The Client subsequently introduces a new or revised ordering system it agrees to notify The Company in writing immediately. In the event that The Client does not notify The Company of any such new system The Company is entitled to regard orders placed or in the system as being subject to the same ordering system previously in operation. The Client may not use a failure by The Company to comply with an ordering system for work that The Company has undertaken in good faith as a reason for withholding payment.
Acceptance of Work
The Client will be deemed to accept the work provided unless it notifies The Company within 7 days of receipt of the work that it is unacceptable. Such notification must be in writing setting out clearly the reasons why the work is unacceptable. The Client agrees not to use work it has deemed unacceptable but to return it immediately to The Company and to destroy all copies except those needed for the purpose of pointing out what is unsuitable. In the event of The Client deeming the work provided by The Company as unacceptable The Company, if it agrees that the work is unacceptable, reserve the right to be given 30 days to redo the work. In the event that The Client regards the work provided by The Company as unacceptable but The Company does not The Managing Director of The Company will make the final decision as to whether the work is acceptable. The Managing Director’s decision is final. The Company uses an online approval system. The Client will be able to view PDF files of work created by The Company. Having viewed the files The Client will be able to approve work online. Once approved The Client will be unable to withdraw approval and will be liable for costs incurred on any work that subsequently needs to be redone unless the reason for reworking is to do with an error by The Company. The Company will regard the person giving on line approval to be an authorised person on behalf of The Client.
The Client agrees to pay the amounts due on the dates specified in the original order. Where the original order includes an agreement concerning part payment The Company reserves the right to regard non-payment of part payment as a breach of contract and to withhold finished work until part payments are made in accordance with the agreed terms at the time the order was placed. The Company may agree to offer credit terms to The Client. Such credit terms will not exceed 30 days. The client agrees to make payment within the credit terms specified. The Company reserve the right to charge 2% interest per month on any payments that are not made within 30 days or earlier if specified in the original order. This term applies to all payments including part payments. The right to use of the design work does not pass to the client until it is paid for in full and then only for the use agreed between The Company and The Client.
Payment of Website Fees.
Fees to P&P Creative Ltd for website projects are due and payable on the following schedule: 50% upon giving the go ahead on the project and 50% when the webpages have been constructed according to the client’s original written specifications.
Information Communication Technology (ICT)
The Company warrants that it takes all reasonable steps to reduce the transmission of viruses or other threats to ICT however it takes no responsibility for the transmission of ICT viruses in any format. The Company accepts no liability for non-receipt of designs or other files or documents transmitted to The Client or received from The Client. The Company operates a back up system to protect data received from and transmitted to The Client however accepts no responsibility for the storage or retrieval of such data. The Company may charge for the retrieval of back up data if requested by The Client at an appropriate hourly rate. The Company holds back up data for The Client in relation to work undertaken for The Client for a maximum of 1 year.
The Company holds data on client companies in accordance with the terms of the relevant Data Protection legislation. The Company reserve the right to pass details regarding payment history of The Client to external credit referencing agencies and/or other financial institutions.
The Company accepts no liability for any loss sustained by The Client howsoever caused in connection with the provision of design work to The Client.
In the event that The Client does not pay The Company in accordance with the terms agreed on the order or in accordance with the usual terms offered to The Client The Company will issue one final demand for payment. Non-payment of the final demand within 7 days may result in The Company taking legal action against The Client for recovery of all outstanding sums due, interest due and any other costs involved in taking action to recover outstanding payments. The Company may pass on details of non-payment to external agencies including debt collection agencies.