Placement of advertising
At the Customer’s request we will purchase media space or airtime which will be billed at current rates including any agency commission. The Company cannot be held liable for advertising which does not appear on a particular time/date or in a particular issue or position or break.
Property and suppliers performance
The Company will take all reasonable precautions to safeguard property entrusted to it. In the absence of negligence on its part, however, the Company is not responsible for loss, destruction or damage or unauthorized use by others of such property. The Company will use its best efforts to ensure quality and timely delivery of all artwork, printed matter and other materials. The Company will use its best efforts to guard against any loss arising from the failure of its suppliers, media, or others to perform in accordance with their commitments but the Company is not responsible for failure on their part. The Company cannot in any way be held responsible for quality, price, performance or delivery of materials made or supplied by others where the work has been placed directly by the Customer or his agents.
Software and third parties
Whilst we are happy to quote a fixed total price with an agreed deadline for the design and website development undertaken in-house we cannot do the same for projects that include software from third party suppliers. Whether such software is ‘off the shelf’ or specially written or adapted for the project from similar projects we reserve to right to extend the timescale of the project and to charge any extra fees incurred through extra time spent over and beyond the original project budget. We will endeavour to inform you if an overrun is likely to occur and the likely increase in cost. We strongly recommend clients to take out separate support contracts with third party software suppliers. We cannot be held responsible for the proper functioning of a piece of digital work, application or website or for any part of it if any individual or company has in any way modified, changed or added to our code or software architecture.
All materials or property belonging to the Customer, as well as work performed, may be retained as security until all just claims against the Customer are satisfied.
Rights of ownership
Once a project has been delivered by the Company and is fully paid for by the Customer, the Company will assign the reproduction rights of the design or use of the code for the use(s) described in the proposal. The ownership of all computer code written by the Company and all rights for its use and resale shall remain with the Company unless otherwise agreed in writing by the directors of the Company. The rights to all design and artwork, including but not limited to photography, music and or illustration created by independent photographers, artists or illustrators commissioned by the Company, or purchased from an agency on behalf of the Customer, remain with the individual designer, artist, photographer or illustrator or their agents. The Customer may not use or reproduce the design, work or the property therein for a purpose other than the one(s) originally stipulated unless a transfer of rights and the payment of any additional fees has been made. The Company reserves the right to photograph and/or distribute or publish for its promotional and marketing needs any work created, including roughs, visuals, mock-ups and presentations, as samples, in Company newsletters, brochures, presentations and websites and for entry for awards. The Company will endeavor to store files on computer disks for a period of 6 months beyond the delivery of a job, thereupon the Company reserves the right to discard them without notice.
The hosting of websites by the Company on its own servers or through other hosting companies is subject to terms and conditions extra but not excluding these terms and conditions. A copy of the Company’s Terms and Conditions of Hosting are available on the Company’s website.
The Customer will indemnify and hold the Company harmless for any loss or expense (including legal fees), and agrees to defend the Company in any actual lawsuit, claim or action arising in any way from the working relationship. This includes but is not limited to claims made against the Customer and any of its products and services arising from the publication of materials prepared by the Company and which the Customer approves before publication.
Production schedules, storage of files and property belonging to the Client will be established and adhered to by both Customer and the Company, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, industrial dispute or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Customer or the Company.
The validity and enforceability of this agreement will be interpreted in accordance with the laws of England but the Company reserves the right to bring proceedings in connection with this contract in any other court of competent jurisdiction. Failure by the Company to enforce any of these conditions shall not be construed as a waiver of that condition or any other condition