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TERMS & CONDITIONS
These conditions, which are construed under English Law, are applicable all services provided by Northern Monkey Creative Media (“the Company”) and should be read in conjunction with other documents and/or the correspondence issued to the client. By requesting/accepting any work or services by The Company you must accept the terms and conditions below.

1. Acceptance:

The Contract for any of the Company's services is to be based on the conditions herein or detailed in the contractual estimate. This contract is valid on all work commissioned to be undertaken by the Company and no work will be undertaken unless these terms are agreed to. Acceptance of these terms and conditions is deemed when placing any order with the Company. If you do not agree with these terms and conditions then please do not commission the Company.

2. Payment:
An upfront payment of 50% of the total fee is due with all orders immediately upon placing such order, unless otherwise agreed in writing.

All payments by cheque, bankers draft or money order must be made in pounds sterling. All credit card and debit card transactions will be processed in pounds sterling.
All Payments must be made within 5 days of the date of invoice.
The Company may exercise its statutory right to claim interest and compensation charges under the Late Payment of Commercial Debts [Interest] Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
Any payment returned by the bank or credit card company will incur a £50 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer. Charges for web design and print work does not cover the release of source .PSD or .FLA files; if the Customer requires these items then a small administration charge will apply.
All deposits are non refundable.

If at any point during the Website Development or Printing Cycle a client wishes to cancel, they may do so but will be invoiced an amount proportional to the amount of work completed on the commission.

3. Unpaid invoices:

Whilst any payment due under the agreement remains outstanding, the Company shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement. Specifically, in the event of the failure of the client to comply with the payment terms herein in respect of internet or print media the Company reserves the right to remove any website pending full payment. The Company accepts no liability for any consequential loss to the client arising from such action, including loss of income.
Should hosting be suspended a reconnection fee of £50.00 will be charged to the client for each reconnection of any hosting solution requested by.

4. General:
The Company reserves the right to alter prices at any time without notice. If the client has commissioned any services from the Company prior to a change in prices,  that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.

All Domain Names registered by the Company remain the property of The Company unless ownership is requested prior to registration by the client commissioning the work. The Company shall accept no responsibility for the loss of domain name(s) due to the customers failure to respond to our notification of renewal or failure to pay invoices for renewal. The Company accepts no liability for any failure to register or re-register a domain name or any error in doing so. The client retains full responsibility for the registration or re-registration of the domain name.

The Company reserves the right to withhold or prevent the release of domain name(s) should the client default on their account. All services remain under the control of the Company until the account is paid in full.
The Company will impose a charge £65.00 to release a domain name to another IPS tag (Payable upfront before any transfers can be made and all accounts must be settled in full prior to the transfer).
The client is responsible for undertaking any data back up programs, database, web files or other digital material. The Company accepts no liability for loss of data.

To cancel any hosting renewals, 3 months written notice must be given prior to the renewal date otherwise the next 12 months hosting is due in full.

At the Company we strive to produce the highest quality print work, however if the product is unsatisfactory to the client once produced then the Company will strive to correct the product at their discretion however all print work must be paid for in accordance with the payment terms herein regardless of any dispute that may arise between the Company and the Client.

Every effort is made to match colours on proofs supplied to the client with the final printed material, however due to the different types of printing process i.e. Digital/Litho the Company accepts no liability for minor colour differences in the final product and class proofs as a guideline only. Colour corrections will be corrected on any reprints in the future free of charge.

The client agrees that the Company may use the client’s name and/or logos in its own promotional material for the purposes of promoting the work of the Company.

All websites incur an annual hosting and domain renewal charge available upon request at time of renewal.

Under no circumstances shall the Company be liable to the Client for an indirect or consequential loss suffered by the Client relying on the information included in the works prepared by the Company including (without limitation) loss of profit, loss of Contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the work only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. liability to any third party for any reason is specifically excluded unless separately agreed in writing.

All images used by the Company are not always licensed to the Company it is the individual client’s responsibility to ensure that all images used in any of the Company's work has the appropriate license/ licenses. The company will not be responsible for any images used on any website or printed material once used, and all responsibility lies with the client.

5. FTP Access:

The Company will supply FTP. access upon request however in doing so this will void any warranty/support for the website in the future and any changes to coding resulting in error will be charged for accordingly to resolve.

6. S.E.O

All The Company’s SEO work contains its own separate terms and conditions these are available at www.nmcreative.co.uk or by request and are subject to change.

7. Refusal:

We reserve the right to refuse to construct a web site or produce any print work which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.

8. Copyright:

Any web page, print work, design or any other product designed by The Company carries a copyright, and cannot be reproduced without written consent. The placing of an order by the client or other person/agency on behalf of the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the artwork. The advertiser/client agrees to indemnify the Company in respect of all actions; proceedings; costs demands and claims arising from any such breach.
                                                                                                                             

 

 

Northern Monkey Creative Media



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