TERMS OF SALE
The ‘Services’ means the services the Company has agreed to provide, the ‘Client’ will be the entity which has agreed to pay for the Services, and the ‘Fee’ means the amount the Client has agreed to pay for them.
1. The placing of an order constitutes a binding contract and financial commitment that will be deemed to have been made at the offices of Fourth Estate Creative Ltd. It is not necessary for any Client to have signed an acceptance of these terms for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms in full.
2. Order amounts are based on the information provided by the Client, including but not limited to detail on quantities, structure, scope and functionality. Therefore costs may change should the client’s requirements change at any time.
3. The Company reserves the right to charge for any additional work required at the prevailing rates at the time of commission. The Company will not carry out any additional work without first confirming this in writing with the Client, however any additional work agreed to by email will be subject to these Terms of Sale.
4. Unless otherwise stated, image, footage and music licensing and any delivery costs will be subject to extra charges.
5. New customers will be expected to pay 50% of the full value of the order up-front and the remaining 50%, along with any additional charges, within 28 days of completion of the Services.
6. The Company will assign a key contact to the Client and the Client must assign a key contact to the Company, who is authorised to make decisions about the Services. Failure to do so will effect the Company’s ability to perform the Services.
7. All Intellectual Property Rights belonging to a party prior to the Services being carried out shall remain vested in that party.
8. Copyright in any original works created by the Company, including but not limited to layout, graphics, text, website code and taglines will remain with the Company, unless otherwise agreed, and in any case the Company will retain the right to identify itself as the creator of any work carried out on behalf of the client and to display this work on any of its websites and in any marketing materials.
9. Where necessary to the performance of the Services, the Client grants to the Company a non-exclusive, royalty free, non-transferable, revocable licence to use its trademarks, names, logos and branding solely for the purpose of providing the Services.The Company acknowledges and agrees that all right, title and interest in the trademarks, names, logos and branding and all goodwill associated with them still belongs absolutely to the Client.
10. Where necessary to the performance of the Services, the Client grants to the Company a non-transferable, non-exclusive licence to use its Customer Data as necessary during the term of the Agreement. The licence granted is strictly limited to, and the Company will use the Customer Data solely for, the provision of the Services. The Client shall be the data controller of the Customer Data and the Company shall be the data processor.
11. Any estimates given by the Company as to the time of completion or performance of its services (whether completion of the whole or a part of those Services) are estimates only and time will not be of the essence.
12. Unless explicitly agreed, the company will not be responsible for the performance of any advertising or marketing campaigns, nor for the performance or maintenance of any website.
13. The Company will not check, edit or guarantee the correctness of any materials supplied by the Client unless that forms an explicit part of the Services.
14. The Company may sub-contract some or all of the work to freelance workers or other companies or agencies.
15. The company will not be responsible for any work carried out on any project by a party other than itself or a company or freelancer directly subcontracted by the Company.
16. Proofs will only be supplied if explicitly requested and after approval in writing the Client will have no claim against the Company for any errors in the materials approved by them.
17. The Company will reserve the right to charge for any work required after two rounds of proofing and amends have been carried out on any materials.
18. All quotes, briefs, schedules and other documents are commercially confidential and may not be disclosed to third parties without prior written agreement.
19. The Company will exercise reasonable care and skill in the performance of the Services, but will not be liable for any direct, indirect, special or consequential loss or damage arising from any failure to produce or publish any materials, including, but not limited to, any late or incorrect publication, any non-publication or inaccurate reproduction of the content, whether caused by the Company’s error or negligence or by any reason whatsoever.
20. The Client will indemnify and hold harmless the Company in respect of any claims, costs and expenses which may arise as direct or indirect consequence of the publication of any materials the Client has submitted or commissioned, including any libellous matter or any infringement of copyright, patent, design or any other proprietary or personal rights. The indemnity will extend to any amounts paid on a lawyer’s advice in settlement of any claim.
21. The Company cannot guarantee the work of its third-party suppliers, including the availability of printing, distribution and website hosting services and can accept no responsibility for any losses caused through the negligence or non-availability of any third-party supplier’s services.
22. The Company can accept no responsibility if unable to carry out any provision of the contract for any reason beyond its control including, but not limited to, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may, by written notice to the Company, elect to terminate the contract and pay for work done and materials used, but shall otherwise accept delivery when available.
23. The Company reserves the right in its absolute discretion to reject or amend any materials or copy that it deems to be libellous, unlawful, defamatory, derogatory or otherwise contrary to the Company’s editorial policy.
24. The Company may, at its absolute discretion, accept cancellations in writing received 7 days prior to the scheduled start of production. If cancellation is made less than 7 days before the scheduled start of production a ‘kill fee’ will be payable equivalent to the amount of any costs incurred plus 25% of the full price of the order. Payment will be due 7 working days from the date of cancellation.
25. No cancellations will be accepted once production has begin.
26. In no circumstances does the placing of an order confer on the Client the right to renew on similar terms.
The placing of your order is deemed to be an acceptance of all the above terms.
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