Terms & Conditions
Definitions
In these conditions ‘the Customer’ means the person,
firm or company who commissions the services of Snazzy Media ‘the Company’. By commissioning the
Company to undertake work ‘the project’ on their behalf,
the Customer agrees that these Terms and Conditions
of Trading define our working relationship. All projects,
services or goods that the Company may be contracted to
produce or provide for the Customer will be subject to the
following:
Fees
For each project, the Customer will receive an estimate
outlining the project specifications and estimated fees
for our time based on our current hourly rate and,
where appropriate, any goods and professional services
commissioned by us in order to complete the project.
We will begin work upon the customer’s written or oral
approval of the estimate and this will constitute an
agreement between us. The Customer agrees to pay the
Company in accordance with the terms specified in each
proposal/estimate. Estimates are valid for 30 days from
the date on the estimate.
Payment
Unless otherwise agreed, first-time Customers will be
required to pay 50% of the project cost before work can
begin, all subsequent balances due are payable upon
artwork approval. Customers with certified credit history
with the Company will be required to pay 50% of the
project cost at specified mid-stage and all subsequent
balances upon artwork approval. Payment to be received
no later than 30 days NETT from invoice date unless
credit terms agreed. We understand and will exercise
our statutory right to interest and compensation for
debt recovery costs under the late payment legislation
if account not settled according to agreed credit terms.
Interest will be charged at the current reference rate +
8% at every 30 days for invoices exceeding 30 days. We
reserve the right to refuse completion or delivery of work
until past due balances are paid. The Customer shall pay
the Company’s costs, charges and expenses directly or
indirectly incurred in obtaining or otherwise enforcing
payment of outstanding accounts.
Revisions and alterations
New work requested by the Customer and performed
by the Company after a proposal/estimate has been
approved is considered a revision or alteration. If the
job changes to an extent that substantially alters the
specifications described in the original estimate, we will
submit a revised proposal/estimate to you, and both
parties must agree to a revised additional fee before
further work proceeds. Author’s alterations and other
copy changes requested after layouts or mechanicals
are completed are billed at our standard hourly rates.
Overtime and rushed orders Estimates are based on a
reasonable time schedule, and may be revised to take into
consideration your ‘priority scheduling’ requests requiring
overtime and/or weekend working. Knowledge of your
deadlines is essential to provide an accurate estimate.
In addition, our suppliers may mark up their charges in
respect of work required in a hurry.
Exclusion of liability
Under no circumstances whatever shall the Company be
liable for losses special to the particular circumstances
of the Customer, indirect or consequential loss including
loss of profits, damage to property or wasted expenditure.
Without prejudice to the other provisions of these
conditions, the Company’s liability shall not exceed the
total of the contract fees for the project. The fees for any
project are based on the assumption that the liability of
the Company and Customer are as set out herein. Nature
of copy and property belonging to others The Customer
agrees to exercise due diligence in its direction to us
regarding preparation of materials and must be able to
substantiate all claims and representations. The Customer
is responsible for all trademark, copyright and patent
infringement clearances and is responsible for arranging,
prior to publication, any necessary legal clearances,
licenses, usage or royalty payments.
Errors and omissions
It is the Customer’s responsibility to check proofs carefully
for accuracy in all respects, including but not limited to
prices, spelling, dimensions and distances. The Company
is not liable for errors or omissions. The Customer’s
signature or that of his/her authorized representative
is required on all proofs or artwork prior to release for printing or other implementation.
Property and suppliers performance
The Company will take all reasonable precautions to
safeguard property entrusted to us. In the absence of
negligence on our part, however, we are not responsible
for loss, destruction or damage or unauthorized use by
others of such property. We will use our best efforts to
guard against any loss arising from the failure of our
suppliers, media, or others to perform in accordance
with their commitments; the Company is not responsible
for failure on their part. We 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.
Lien
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 us and is fully
paid for by the Customer, the Company will assign
the reproduction rights of the design for the use(s)
described in the proposal. According to copyright law,
the rights to all design and artwork, including by not
limited to photography, music and or illustration created
by independent photographers, artists or illustrators
retained by the Company, or purchased from a stock
agency on behalf of the Customer, remain with the
individual designer, artist, photographer or illustrator.
Unless a purchase of ‘All Rights’ (a Buyout) is negotiated
on behalf of the Company, you may not use or reproduce
the design, work or the property therein for a purpose
other than the one(s) originally stipulated. If you wish to
use the design we have created and/or the images within
it for another purpose or project, including a reprint or
exhibition, you must contact us to arrange the transfer
of rights and the payment of any additional fees before
proceeding. We reserve the right to photograph and/
or distribute or publish for our firm’s promotional and
marketing needs any work we created for you, including
roughs, visuals, mock-ups and presentations, as samples
for our portfolio, newsletter, brochures, presentations,
website and for entry for awards. We will endeavour to
store files on computer disks for a period of 6 months
beyond the delivery of a job. Thereupon, we reserve the
right to discard them without notice.
Limitation
The Customer will indemnify and hold the Company
harmless for any loss or expense (including legal fees)
and agree to defend the Company in any actual lawsuit,
claim or action arising in any way from our 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 material that we
prepare and the customer approves before publication.
Force majeure
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. Where production schedules
are not adhered to by the Customer, final delivery date or
dates will be adjusted accordingly.
General
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.
