DESIGN & ARTWORKING TERMS AND CONDITIONS
The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Equator Print.
All design work is carried out by Equator Print on the understanding that the client has agreed to abide by Equator Print’s terms and conditions.
Copyright of all graphic design work is retained by Equator Print including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by Equator Print as fulfilling the contract. All other artwork designs remain the property of Equator Print, unless agreed in writing.
At the time of proposal, Equator Print will provide the customer with a written estimate or quotation by post or email as requested.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Equator Print by email or post. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Equator Print’s terms and conditions. No work on a project will commence until either document has been received by Equator Print.
Fees for design services to be provided by Equator Print, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due on projects worth over £500.00. Work on the project will not commence until Equator Print has received this amount.
CHARGES FOR OTHER SERVICES
Charges for any additional services over and above the estimated design, will be made known to the client at the earliest eventuality. They will become fully payable at the time of project commencement or completion.
The client will be asked to provide artwork sign off before being issued with an Invoice prior to print/artwork/publication. At this time the remainder of the fees due may become payable. Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charge of 8% plus the Bank of England base rate per month of the outstanding amount.
Payments may be made by Bacs, cheque, or previously agreed electronic funds transfer.
Returned cheques will incur an additional fee of £50 per returned cheque. Equator Print reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Equator Print shall be considered entitled to remove Equator Print’s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Equator Print reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
COPYRIGHTS AND TRADEMARKS
By supplying text, images and other data to Equator Print for inclusion in the customer’s brochure or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Equator Print on behalf of the customer, will remain the property of Equator Print and/or it’s suppliers, in which full copyright will be passed to the client upon receipt of full payment.
By supplying images, text, or any other data to Equator PrintEquator Print , the customer grants Equator Print permission to use this material freely in the pursuit of the design and to utilise the designs in Equator Print’s portfolio unless agreed otherwise.
Should Equator Print, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Equator Print to remove and/or replace the file.
The customer agrees to fully indemnify and hold Equator Print free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that Equator Print holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Equator Print, or any of it’s contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Equator Print and any of it’s relevant sub-contractors.
All design work where there is a risk that another party may make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Equator Print will not be held responsible for any and all damages resulting from such claims. Equator Print is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Equator Print responsible for any such loss or damage.
The client agrees to Equator Print’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Equator Print in electronic format as standard text (.txt), MS Word (.doc) on CD, USB data stick, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Equator Print via CD, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Equator Print will not be held responsible for any image quality which the client later deems to be unacceptable. Equator Print cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
DESIGN PROJECT DURATION
Any indication given by Equator Print of a design project’s duration is to be considered by the customer to be an estimation. Equator Print cannot be held responsible for any project over-runs, whatever the cause.
DESIGN PROJECT COMPLETION
Equator Print considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
The customer agrees to allow Equator Print to place a small credit on printed material, exhibition displays, advertisements and/or a link to Equator Print’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Equator Print to place all designs on Equator Print’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
RIGHTS OF REFUSAL
Equator Print will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Equator Print also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Equator Print does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Equator Print to remove the contravention without hindrance, or penalty. Equator Print is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or email, however, following this, Equator Print will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Equator Print within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Equator Print makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Equator Print will not be held responsible for any and all damages resulting from products and/or services it supplies. Equator Print is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Equator Print responsible for any such loss or damage.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Equator Print reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
ACCEPTANCE OF QUOTATION AND TERMS AND CONDITIONS
The placement of an order for design and/or any other services offered by Equator Print and validated by the customer’s signature and or email acceptance of the estimate or quotation. Acceptance of the estimate or quotation agreement is to comply fully with all the Terms and Conditions here set out and forms a Contract for Business between the signatory and Equator Print.
PRINT PRODUCTION & DELIVERY TERMS AND CONDITIONS
These terms and conditions apply to the use of the website, www.equator-print.co.uk (the “Website”) or orders which may be placed by other methods. You confirm that you have read these terms and conditions and agree to adhere to them in their entirety when visiting our website at www.equator-print.co.uk or by placing an order at Equator Print. Please refrain from using this Website or service if you do not agree to these terms and conditions. These terms and conditions apply to all our orders and are not subject to any other contractual terms defined by you, the buyer. By placing an order you accept our terms and conditions, you are accepting that these are the terms and conditions under which the sale is bound. We may update or vary our terms and conditions from time to time, so check for periodic changes.
When you order with us through www.equator-print.co.uk or by telephone or email, you are contracting with Equator Print. By signing this agreement you agree that you have read and understand the terms and conditions herby set out. Please note, the law of England and Wales will apply to this contract. Email address: email@example.com Telephone number: +44 0203 2860005
When paper and card is folded, there can be a small amount of ‘cracking’ along the spine and it might be less noticable on lighter stocks. This is normal for folded paper and card. However, if the job requires that a solid colour is printed along the fold, the impact of the cracking can be amplified. Therefore, we recommend that, in the case of solid folded colours, a lamination should be used. Similarly, Spot UV will crack when folded or creased. We are not liable for ‘cracking’, particularly if the paper and card is unlaminated.
Bookletsshould be supplied in a PDF as portrait, single paged. They should NOT be created as spreads with registrations marks. If a landscape booklet is required, please email firstname.lastname@example.org for a specific price.
If there are inherent design flaws from supplied artwork, we will NOT be held liable for the resultant flawed product. Our standard prices reflect our production performance ONLY. We do NOT provide design review as standard, nor do we check for design feasability. If design review is required, it will attract an additional cost, which must be agreed before the order is placed.
For operational reasons we may at times need to upgrade paper weight to the next grammage available, we will never print on a lesser weight but upgrade the grammage.
Delivery Dates We will make every reasonable effort to meet our scheduled ship dates. However, there are times, in a production environment, that we may be unable to meet our scheduled ship date. Therefore, our shipping dates are estimates, not guarantees. We do not accept responsibility for missed ship dates. We do not accept responsibility for loss suffered due to missed ship dates.
Turnaround Time starts from the date of APPROVAL of artwork and ends at the date of DISPATCH from Equator Print. It is measured in working days. The turnaround time is selected at the time of ordering and additional charges are incurred for shorter turnaround time. If a faster Turnaround is required, notification MUST be sent to email@example.com and the accompanying fee must be paid. Please note, all deliveries weighing in excess of 300kgs will take 48 hours to ship as standard.
We use reputable courier companies to ship jobs. However, we will not be held liable for failure of a courier company to deliver in a timely manner and we will not compensate for lack of performance on the part of a transport company. Failure to Deliver When your job is dispatched from Equator Print, you will be emailed details of the courier company and the tracking number of your goods. If the delivery attempt fails, the goods are returned to us. You will be charged the cost of all re-delivery attempts. Please note for pallet deliveries only: Pallet deliveries will provide the pallet to the destination. The end recipient will need to have facilities to receive this type of delivery. If a delivery is refused for any reason, the additional costs of redelivery will be charged to the client.
Any modification to a job instructed by a client to any member of Equator Print staff, or agreed by any member of Equator Print staff, whether in regard to the content of a job, or the performance of a job, will be on a best efforts basis and will not change the terms of the agreement reached when the job is placed. A modification that will change the contractual basis of an order, can be agreed with a director of Equator Print and will state explicitly which standard contractual terms are modified by agreement.
Notification Period. Any complaints arising from damaged, missing or short shipped orders, should be reported to us within 3 working days. Any claims arising after this period will be rejected. 4.2 Damaged/Incorrect Goods Goods MUST be returned to us in order that we may consider a refund or a reprint. The proof of delivery document MUST be signed as ‘damaged product’. Quantity Variation We have fulfilled our contract with you if we have shipped between 95% and 105% of your ordered quantity.
Liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods, except in such cases which cause death, injury or damage to personal property. We are not responsible for any financial loss suffered by you, including loss of earnings or expenses incurred by you. We will not accept responsibility for resold products that are deemed inferior by the end-user, when the product has been printed within standard ink densities, reasonably tolerated within the print industry.
Payment Terms Orders must be prepaid at the time of ordering, unless we have expressly agreed an account with you. Payment shall be made in full, compliant with the terms of the agreed account. We reserve the right to review and/or remove accounts at any time. Interest We reserve the right to charge 5% interest per Month on all overdue accounts. Legal Fees All legal and administrative fees, including Statutory Demand fees will be charged to your account, in the event of administering overdue accounts and/or the issuing of legal proceedings in the collection of overdue accounts.
Discountsare made with the strict understanding that accounts must be settled within the terms of the account. We reserve the right to invoice for said discounts, should you operate your account outside of the agreed terms. Taxes will be added to the price of a job where UK Tax is applicable. It may be the case that a job, for example, a leaflet, becomes taxable after the artwork has been supplied, for example, if it is a form. To comply with current legislation, we MUST add tax in these cases after the order has been placed. You are liable for payment of tax before the order can be dispatched. Comprehensive details on tax regulations can be found on the H.M. Revenue and Customs website. We will not accept responsibility for missed ship dates due to non-payment.
CANCELLATIONS AND REFUNDS
To cancel an order, you must email firstname.lastname@example.org requesting a cancellation. Cancellation is subject to the following: If the job has been approved and subsequently cancelled, it may have been plated. You will be charged for the cost of each set of plates made, at the rate of £80 per set. Where no fault exists on the part of Equator Print and a cancellation has been requested, where a refund has been agreed by Equator Print, it will be refunded less 5% credit card and administrative fees. A cancellation fee may be charged where the job is cancelled at the client’s request, this fee will be £50.00 for GBP accounts and €50.00 for Euro accounts, and covers the administrative costs in cancelling the job and refunding the payment. We reserve the right to reprint OR grant a refund OR grant a future credit to rectify defective work as we so choose. We reserve the right to provide a remedy for any defective work provided by us either by reprinting or refinishing or in such as way as we deem appropriate and shall not be liable to refund. If you unilaterally choose to have work re-done by a third party without specific agreement by us, you automatically revoked your right to any remedy from us. We will not be held liable for such rework and the debt to us will remain valid.
We look forward to providing your design and print requirements with exceptional service and endeavour to provide the and best quality and customer experience.