pen+pixel: terms& conditions

Pen+Pixel design Ltd.
Terms & Conditions

1. Introduction
1.1 These terms and conditions (“the terms”) govern every contract made between pen+pixel
for the supply of goods and services to any person, firm or company (“the client”).
1.2 The terms prevail over any written terms and conditions of the client.
1.3 Any variation to the terms must be agreed in writing by a director of pen+pixel.

2. Fees and payment method
2.1 The client will pay pen+pixel the agreed sum at the time of notification.
2.2 Invoices from pen+pixel to the client for supply of goods or services must be paid in full upon receipt of invoice, by cheque, cash or credit transfer.
2.3 Final files will NOT be released until final payment is received.
2.4 Should files have been released during a project pen+pixel reserve the right to retrieve them at any stage if payment has not been made in full.
2.5 The client will pay pen+pixel all expenses incurred in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
2.6 A project may be divided into stages of payment at pen+pixel's discretion.
2.6.1 A fee is required for the development of design concepts.
2.6.2 Once concepts have been agreed work will commence when pen+pixel has received 30% of the total fee.
2.7 At each stage of payment a sign off sheet for the work presented must be signed and returned to pen+pixel before further work commences.
2.7.1 If the work has been payed for in full and received by the client and the client has failed to return the sign off sheet such payment will constitute a 'sign-off'.
2.8 All monies paid to pen+pixel are non refundable.

3. Ordering
3.1 Order forms must be completed and signed by the client for work to be carried out by pen+pixel.
3.2 Upon acceptance of a verbal order by pen+pixel, pen+pixel will not be held responsible for any errors (made by either party) arising from such verbal order.
3.3 pen+pixel reserves the right to refuse or accept any commission.

4. Quotations
4.1 All quotations issued by pen+pixel will be valid for 28 days from the date of quotation.
4.2 Should the clients final order change from the original specification submitted for the quotation, pen+pixel reserves the right to adjust the quotation.
4.3 Project quotations are exclusive of the provision of original artwork files (editable files). This will be considered as a separate order and a quotation will be negotiated accordingly.

5. Turnaround times
5.1 Turnaround times are quoted at time of ordering, pen+pixel accepts no liability for failure to meet these times, but will endeavour to comply to the best of its abilities.

6. Printing
6.1 Unless stated by the client, pen+pixel will decide, at its sole discretion, which print finish to use.
6.2 All work must be proofed and signed off by the client prior to issue for print.
6.3 Pen+pixel charge a handling fee for printing which varies depending on the project.
6.4 Pen+pixel is not responsible for any aspect of the printing should the client decide to arrange printing.

7. Colour balancing
7.1 Pen+pixel will, if requested by the client, scan images to a colour balance provided by the client by way of reference prints or polaroids.
7.2 If no such request or reference material is provided by the client pen+pixel will scan and/or print images using its own ‘judgment’ for colour balancing.

8. Uncollected work
8.1 If any items of work including prints and original files belonging to a client are not
collected after 6 months of the requested work being done, pen+pixel reserve the right to dispose of such material.
8.2 Although pen+pixel take care to archive all completed projects pen+pixel accepts no responsibility for the files once the final sign off sheet has been signed by the client.

9. Copyright and moral rights
9.1 Pen+pixel claims no copyright on material submitted for the purposes of fulfilling the clients instruction.
9.2 The client certifies ownership or controls all rights, has obtained all copyright, has permissions, consents and waivers nessesary for all copying, processing, scanning, printing and manipulation to be undertaken by pen+pixel.
9.3 The client also certifies that no copyright or moral rights will be infringed by pen+pixel carrying out the requested work.
9.4 The client agrees to indemnify pen+pixel against all losses, damages, claims or expenses which pen+pixel may incur by virtue of any breach of the above certifications.
9.5 Full copyright to any commissioned work, once payment has been received in full, becomes the property of the client. However pen+pixel reserve the right to display the item/s in any online or offline portfolios, and for the purpose of marketing or advertising our services on or offline.

10. Liability
10.1 The client must contact pen+pixel concerning details of an invoice within 7 days of the date of the invoice.
10.2 Pen+pixel is not liable to the client or any other party for the following:
loss including theft, or destruction or damage to any materials provided by the client which are deposited with pen+pixel for whatever reason including;-
the cost of re-shooting or reprinting the material contained on the material and;
any loss or damage to the client or any other party including loss of income and;
It is the clients responsibility to insure against such loss and damage.
10.3 pen+pixel will not be liable for failing to complete any contract between pen+pixel and the client due to circumstances beyond pen+pixel’s control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.

11. Outscourcing
11.1 Pen+pixel reserve the right to outscource any aspect of the project to who ever pen+pixel decide to be appropriate,
such outsourcing will not affect the contract between pen+pixel and the client.

12.Cancellation Rights
12.1 The client may cancel an order. In such an event the client will be invoiced for the cost of the work carried out to date.

13. Creditation
13.1 It is the practice of pen+pixel to include the company logo (linking to our URL) located inconspicuously on a website project. Pen+pixel may also include its logo or other appropriate creditation on certain printed material which will be agreed with client in advance.