Affordable Business Solutions for ANY business. Graphics, Print, Video and PPC.
Terms and Conditions for Graphic Design
As used herein and throughout this Agreement. These terms & conditions constitute a valid and binding agreement between Mr Creator Design and you, the client, for any services provided or work ordered
1.1 Agreement means the entire content of this Basic Terms and Conditions document, the Proposal document(s), together with any other Supplements designated below, schedules or attachments hereto.
1.2 Client Content means all materials, information, photography, writings and other creative content provided by The Client for use in the preparation of and/or incorporation in the Deliverables.
1.3 Copyrights means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under U.K. Copyright Law.
1.4 Deliverables means the services and work product specified in the Proposal to be delivered by Mr Creator Design to The Client, in the form and media specified in the Proposal.
1.5 Designer Tools means all design tools developed and/or utilised by Mr Creator Design in performing the Services, including without limitation pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as Web site design, architecture, layout, navigational and functional elements.
1.6 The Client means the company or individual who has agreed to take out work with Mr Creator Design.
1.7 Final Art means all creative content developed or created by Mr Creator Design, or commissioned by Mr Creator Design, exclusively for the Project and incorporated into and delivered as part of the Final Deliverables, including and by way of example, not limitation, any and all visual designs, visual elements, graphic design, illustration, photography, animation, sounds, typographic treatments and text, modifications to The Client Content, and Mr Creator Design's selection, arrangement and coordination of such elements together with The Client Content and/or Third Party Materials.
1.8 Final Deliverables means the final versions of Deliverables provided by Mr Creator Design and accepted by The Client.
1.9 Preliminary Works means all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by Mr Creator Design and which may or may not be shown and or delivered to The Client for consideration but do not form part of the Final Art.
1.10 Project means the scope and purpose of the The Client's identified usage of the work product as described in the Proposal.
1.11 Services means all services and the work product to be provided to The Client by Mr Creator Design as described and otherwise further defined in the Proposal.
1.12 Third Party Materials means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration.
1.13 Trademarks means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables to designate the origin or source of the goods or services of The Client.
The terms of the Proposal shall be effective for 14 days after presentation to The Client. In the event this Agreement is not executed by The Client within the time identified, the Proposal, together with any quotations, related terms and conditions and deliverables, may be subject to amendment, change or substitution.
3. FEES AND PAYMENT TERMS.
3.1 Fees. In consideration of the Services to be performed by Mr Creator Design, The Client shall pay to Mr Creator Design fees in the amounts according to the payment schedule set forth in the Proposal, and all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the payment schedule.
3.2 Additional Costs. The Project pricing includes Mr Creator Design's fee only. Any and all outside costs including, but not limited to; printing, equipment rental, photographer's costs and fees, photography and/or artwork licenses, prototype production costs, talent fees, and online access or hosting fees, will be billed to The Client unless specifically otherwise provided for in the Proposal.
3.3 Invoices. All invoices are payable within 14 days of invoice date. In normal circumstances a 50% deposit will be required. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms. Interest is charged daily at 8% over the Bank of England base rate along with EU late payment charges. Payments will be credited first to late payment charges and next to the unpaid balance. The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. Mr Creator Design reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding Additional Costs, Taxes, Expenses, and Fees, Charges or the costs of Changes.
3.4 Project End. All deliverables shall be deemed complete once The Client has signed off the work or indicated satisfaction either verbally, in writing, via e-mail, post or other methods. If The Client fails to communicate with Mr Creator Design for a period of more than 30 days without explanation, the project shall be deemed satisfactory and complete.
4.1 General Changes. Unless otherwise provided in the Proposal, and except as otherwise provided for herein, The Client shall pay additional charges for changes requested by The Client which are outside the scope of the Services on a time and materials basis. Such charges shall be in addition to all other amounts payable under the Proposal, despite any maximum budget, contract price or final price identified therein. Mr Creator Design may extend or modify any delivery schedule or deadlines in the Proposal and Deliverables as may be required by such Changes.
4.2 Substantive Changes. If The Client requests or instructs Changes that amount to a revision in or near excess of fifty percent (50%) of the time required to produce the Deliverables, and or the value or scope of the Services, Mr Creator Design shall be entitled to submit a new and separate Proposal to The Client for written approval. Work shall not begin on the revised services until a fully signed revised Proposal and, if required, any additional retainer fees are received by Mr Creator Design.
4.3 Timing. Mr Creator Design will prioritize performance of the Services as may be necessary or as identified in the Proposal, and will undertake commercially reasonable efforts to perform the Services within the time(s) identified in the Proposal. The Client agrees to review Deliverables within the time identified for such reviews and to promptly either, (i) Approve the Deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify the The Client's concerns, objections or corrections to Mr Creator Design. Mr Creator Design shall be entitled to request written clarification of any concern, objection or correction. The Client acknowledges and agrees that Mr Creator Design's ability to meet any and all schedules is entirely dependent upon The Client's prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Proposal and that any delays in The Client's performance or Changes in the Services or Deliverables requested by The Client may delay delivery of the Deliverables. Any such delay caused by The Client may result in credit based accounts being invoiced before project completion.
4.4 Testing and Acceptance. Mr Creator Design will exercise commercially reasonable efforts to test Deliverables requiring testing and to make all necessary corrections prior to providing Deliverables to The Client. The Client, within five (5) business days of receipt of each Deliverable, shall notify Mr Creator Design, in writing, of any failure of such Deliverable to comply with the specifications set forth in the Proposal, or of any other objections, corrections, changes or amendments The Client wishes made to such Deliverable. Any such written notice shall be sufficient to identify with clarity any objection, correction or change or amendment, and Mr Creator Design will undertake to make the same in a commercially timely manner. Any and all objections, corrections, changes or amendments shall be subject to the terms and conditions of this Agreement. In the absence of such notice from The Client, the Deliverable shall be deemed accepted.
5. THE CLIENT RESPONSIBILITIES.
The Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner:
(a) Coordination of any decision-making with parties other than Mr Creator Design;
(b) Provision of The Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Proposal;
(c) Final proofreading. In the event that The Client has approved Deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product; The Client shall incur the cost of correcting such errors.
Mr Creator Design retains the right to reproduce, publish and display the Deliverables in Mr Creator Design's portfolios and Web sites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. Either party, subject to the other's reasonable approval, may describe its role in relation to the Project and, if applicable, the services provided to the other party on its Web site and in other promotional materials, and, if not expressly objected to, include a link to the other party's Web site.
7. CONFIDENTIAL INFORMATION.
Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party, including without limitation Preliminary Works ( Confidential Information). Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Proposal except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.
8. RELATIONSHIP OF THE PARTIES.
8.1 Independent Contractor. Mr Creator Design is an independent contractor, not an employee of The Client or any company affiliated with The Client. Mr Creator Design shall provide the Services under the general direction of The Client, but Mr Creator Design shall determine, in Mr Creator Design's sole discretion, the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Mr Creator Design and the work product or Deliverables prepared by Mr Creator Design shall not be deemed a work for hire as that term is defined under Copyright Law. All rights, if any, granted to The Client are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this Agreement.
8.2 Mr Creator Design Agents. Mr Creator Design shall be permitted to engage and/or use third party Companies or other service providers as independent contractors in connection with the Services (Design Agents). Notwithstanding, Mr Creator Design shall remain fully responsible for such Design Agents compliance with the various terms and conditions of this Agreement.
8.3 No Exclusivity. The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. The Client is free to engage others to perform services of the same or similar nature to those provided by Mr Creator Design, and Mr Creator Design shall be entitled to offer and provide design services to others, solicit other The Clients and otherwise advertise the services offered by Mr Creator Design.
9. WARRANTIES AND REPRESENTATIONS.
9.1 The Client represents, warrants and covenants to Mr Creator Design that (a) The Client owns all rights, titles, and interest in, or otherwise has full right and authority to permit the use of the The Client Content, (b) to the best of The Client's knowledge, the The Client Content does not infringe the rights of any third party, and use of the The Client Content as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties, (c) The Client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials, and (d) The Client shall comply with all laws and regulations as they relate to the Services and Deliverables.
9.2 To the best of Mr Creator Design's knowledge, the Final Art provided by Mr Creator Design and Mr Creator Design's subcontractors does not infringe the rights of any party, and in connection with the Project will not violate the rights of any third parties. In the event The Client or third parties modify or otherwise use the Deliverables outside of the scope or for any purpose not identified in the Proposal or this Agreement or contrary to the terms and conditions noted herein, all representations and warranties of Mr Creator Design shall be void.
The Client agrees to fully indemnify and hold Mr Creator Design free from harm in any and all claims resulting from The Client in not having obtained all the required copyright, and/or any other necessary permission. Any artwork, images, or text supplied or designed by Mr Creator Design on behalf of the customer, will remain the property of Mr Creator Design and/or our suppliers unless otherwise explicitly stated.
10.1 By The Client. The Client agrees to indemnify, save and hold harmless Mr Creator Design from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of The Client's responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances Mr Creator Design shall promptly notify The Client in writing of any claim or suit; (a) The Client has sole control of the defence and all related settlement negotiations; and (b) Mr Creator Design provides The Client with commercially reasonable assistance, information and authority necessary to perform The Client's obligations under this section. The Client will reimburse the reasonable out-of-pocket expenses incurred by Mr Creator Design in providing such assistance.
10.2 By Mr Creator Design. Subject to the terms, conditions, express representations and warranties provided in this Agreement, Mr Creator Design agrees to indemnify, save and hold harmless The Client from any and all damages, liabilities, costs, losses or expenses arising out of any finding of fact which is inconsistent with Mr Creator Design's representations and warranties made herein, except in the event any such claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or misconduct of The Client provided that (a) The Client promptly notifies Mr Creator Design in writing of the claim; (b) Mr Creator Design shall have sole control of the defence and all related settlement negotiations; and (c) The Client shall provide Mr Creator Design with the assistance, information and authority necessary to perform Mr Creator Design's obligations under this section. Notwithstanding the foregoing, Mr Creator Design shall have no obligation to defend or otherwise indemnify The Client for any claim or adverse finding of fact arising out of or due to The Client Content, any unauthorized content, improper or illegal use, or the failure to update or maintain any Deliverables provided by Mr Creator Design.
10.3 Limitation of Liability. THE SERVICES AND THE WORK PRODUCT OF MR CREATOR DESIGN ARE SOLD AS IS. IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF MR CREATOR DESIGN, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (MR CREATOR DESIGN PARTIES), TO THE CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND THE CLIENT'S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF MR CREATOR DESIGN. IN NO EVENT SHALL MR CREATOR DESIGN BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY MR CREATOR DESIGN, EVEN IF MR CREATOR DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11.1 This Agreement shall commence upon the Effective Date and shall remain effective until the Services are completed and delivered.
11.2 This Agreement may be terminated at any time by either party effective immediately upon notice, or the mutual agreement of the parties, or if any party:
(a) becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or
(b) breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within ten (10) days from receipt of written notice of such breach.
11.3 In the event of termination, Mr Creator Design shall be compensated for the Services performed through the date of termination in the amount of (a) any advance payment, (b) a prorated portion of the fees due, or (c) hourly fees for work performed by Mr Creator Design or Mr Creator Design's agents as of the date of termination, whichever is greater; and The Client shall pay all Expenses, fees, out of pockets together with any Additional Costs incurred through and up to, the date of cancellation.
11.4 In the event of termination by The Client and upon full payment of compensation as provided herein, Mr Creator Design grants to The Client such right and title as provided for in Schedule A of this Agreement with respect to those Deliverables provided to, and accepted by The Client as of the date of termination.
11.5 Upon expiration or termination of this Agreement: (a) each party shall return or, at the disclosing party's request, destroy the Confidential Information of the other party, and (b) other than as provided herein, all rights and obligations of each party under this Agreement, exclusive of the Services, shall survive.
11.6 Projects that have passed 30 days without contact or further instruction from The Client are deemed to be final.
12.1 Modification/Waiver. This Agreement may be modified by the parties. Any modification of this Agreement must be in writing, except that Mr Creator Design's invoices may include, and The Client shall pay, expenses or costs that The Client authorizes by electronic mail in cases of extreme time sensitivity. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.
12.2 Notices. All notices to be given hereunder shall be transmitted in writing either by facsimile or electronic mail with return confirmation of receipt or by certified or registered mail, return receipt requested, and shall be sent to the to the addresses identified below, unless notification of change of address is given in writing. Notice shall be effective upon receipt or in the case of fax or e-mail, upon confirmation of receipt.
12.3 No Assignment. Neither party may assign, whether in writing or orally, or encumber its rights or obligations under this Agreement or permit the same to be transferred, assigned or encumbered by operation of law or otherwise, without the prior written consent of the other party.
12.4 Force Majeure. Mr Creator Design shall not be deemed in breach of this Agreement if Mr Creator Design is unable to complete the Services or any portion thereof by reason of fire, earthquake, labour dispute, act of God or public enemy, death, illness or incapacity of Mr Creator Design or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Mr Creator Design's control (collectively, Force Majeure Event). Upon occurrence of any Force Majeure Event, Mr Creator Design shall give notice to The Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.
12.5 Governing Law and Dispute Resolution. The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United Kingdom without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its solicitor's fees and costs. In all other circumstances, the parties specifically consent to the local, and national courts located in the United Kingdom. The parties hereby waive any jurisdictional or venue defences available to them and further consent to service of process by mail. The Client acknowledges that Mr Creator Design will have no adequate remedy at law in the event The Client uses the deliverables in any way not permitted hereunder, and hereby agrees that Mr Creator Design shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.
12.6 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
12.7 Headings. The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.
13. RIGHTS TO DELIVERABLES OTHER THAN FINAL ART.
13.1 The Client Content. The Client Content, including all pre-existing Trademarks, shall remain the sole property of The Client or its respective suppliers, and The Client or its suppliers shall be the sole owner of all rights in connection therewith. The Client hereby grants to Mr Creator Design a nonexclusive, non-transferable license to use, reproduce, modify, display and publish The Client Content solely in connection with Mr Creator Design's performance of the Services and limited promotional uses of the Deliverables as authorized in this Agreement.
13.2 Third Party Materials. All Third Party Materials are the exclusive property of their respective owners. Mr Creator Design shall inform The Client of all Third Party Materials that may be required to perform the Services or otherwise integrated into the Final Art. Under such circumstances Mr Creator Design shall inform The Client of any need to license, at The Client's expense, and unless otherwise provided for by The Client, Mr Creator Design shall obtain the license(s) necessary to permit The Client's use of the Third Party Materials consistent with the usage rights granted herein. In the event The Client fails to properly secure or otherwise arrange for any necessary licenses or instructs the use of third party art, The Client hereby indemnifies, saves and holds harmless Mr Creator Design from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of The Client's failure to obtain copyright, trademark, publicity, privacy, defamation or other releases or permissions with respect to materials included in the Final Art.
13.3 Preliminary Works. Mr Creator Design retains all rights in and to all Preliminary Works. The Client shall return all Preliminary Works to Mr Creator Design within thirty (30) days of completion of the Services and all rights in and to any Preliminary Works shall remain the exclusive property of Mr Creator Design.
13.4 Original Artwork. Mr Creator Design retains all right and title in and to any original artwork comprising Final Art, including all rights to display or sell such artwork. The Client shall return all original artwork to Mr Creator Design within thirty (30) days of completion of the Services.
13.5 Trademarks. Upon completion of the Services and expressly conditioned upon full payment of all fees, costs and out-of-pocket expenses due, Mr Creator Design assigns to The Client all ownership rights, including any copyrights, in and to any artworks or designs comprising the works created by Mr Creator Design for use by The Client as a Trademark. Mr Creator Design shall cooperate with The Client and shall execute any additional documents reasonably requested by The Client to evidence such assignment. The Client shall have sole responsibility for ensuring that any proposed trademarks or Final Deliverables intended to be a Trademark are available for use in commerce and federal registration and do not otherwise infringe the rights of any third party. The Client hereby indemnifies, saves and holds harmless Mr Creator Design from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by any third party alleging any infringement arising out of The Client's use and/or failure to obtain rights to use or use of the Trademark.
14. RIGHTS TO FINAL ART.
14.1 Upon completion of the Services, and expressly subject to full payment of all fees, costs and out-of-pocket expenses due, Mr Creator Design grants to The Client the rights in the Final Art as set forth in the proposal. Any additional uses not identified herein or reselling of the artwork is not permitted without prior written consent.
These terms are in conjunction with the Terms and Conditions of 3rd Party Printing.
By entering into a project and paying a deposit for the work, you are bound by these terms.
Terms and Conditions for 3rd Party Printing 2020
These terms and conditions apply to Mr Creator Design (herein known at The Company) and you, the customer (herein known as The Client), on personalised print orders placed with 3rd Party Printing firms as seen fit by The Company to fulfil the request of The Client. You confirm that you have read these terms and conditions and agree to adhere to them in their entirety when paying a deposit or in full for services offered.
These terms and conditions apply to all our orders and are not subject to any other contractual terms defined by you, the Client. By paying the invoice for the work to be carried out, you are accepting that these are the terms and conditions under which the sale is bound.
We may update or vary our terms and conditions from time to time, so check for periodic changes.
All orders will be placed through 3rd Party Printing firms based in the UK and The Company will be fully transparent about any additional costs with regards to delivery or turnover (or any other special requirements) to ensure The Client is informed of all facts before any placement of order into a ‘print run’.
2.1 PRINTING AND ARTWORK
2.1.1 CMYK and ‘Spot’ Colours
Artwork will be supplied by us in a press-ready PDF (font embedded) format, in CMYK with a minimum 300dpi resolution. We process jobs in CMYK format as standard. We cannot take responsibility for colour reproduction of RGB files, or files supplied outside of the specifications given. Any ‘spot’ colours will be converted to CMYK as standard. If a specific ‘spot’ colour is required, this must be specified at the time of approval of order and will attract an additional fee
2.1.2 Colour Variations
The suppliers used print to standard ink densities in a ‘ganged up’ format as standard. Variations in printing can exist. We will not be held responsible for any variations in colour, either from previous products supplied by us or from work provided from a third party. Also note that variations may exist due to the nature of the paper or lamination chosen. However, if a colour match is required for consistency with other products, a printed sample MUST be supplied to us. Please note, we do not hold samples of previous work.
For uncoated stocks, while an attractive solution since they can be visually appealing, have an inherent limitation in performance. Dot gain may increase making a slightly darker image, and the paper does not retain the ink to the same degree as a coated stock; heavy ink may take an increased period to dry and some amount of setting-off may occur between pages during finishing and after completion of the finished product. We will work with 3rd party printing firms to minimise these issues, but we cannot guarantee the performance of these papers if we provide reasonable care in producing the final product.
You can send colour match samples so that we could match them at the press. If you need to colour match more than one job, for each job you need to send separate colour match samples.
3rd Party Printing firms will print your artwork as I supply it, based on your final approval email. They do not proof read artwork, nor do they check artwork for date validity or expiration. No proofs are available for jobs lessor in value than £2000, which will be sent directly to print. Please view all final approved artwork carefully. We will not be held liable for any mistakes in artwork, once the artwork has been approved.
Please note, we do not accept responsibility for incorrectly supplied email addresses, which may result in a delay in soft copy proofs being sent to you.
All artwork is supplied with a 3mm bleed around the finished artwork.
In order to finish and/or align your job professionally, print firms may need to trim jobs during the finishing process. If the finished job needs to be altered by more than 1%, we will contact you for approval to proceed.
2.1.6 Business Cards
We do not supply proofs for business cards. The supplied artwork will proceed to print. Business cards are sized to 85mmx55mm as standard. All artwork for business cards will be scaled to the size quoted above. If a non-standard size is required, please specify to The Company upon initial contact. An additional fee may be applied to your order to provide non-standard options.
When paper and card is folded, there can be a small amount of ‘cracking’ along the spine and it might be less noticable on lighter stocks. This is normal for folded paper and card. However, if the job requires that a solid colour is printed along the fold, the impact of the cracking can be amplified. Therefore, we recommend that, in the case of solid folded colours, a lamination should be used. Similarly, Spot UV will crack when folded or creased. We are not liable for ‘cracking’, particularly if the paper and card is unlaminated.
2.1.8 If there are inherent design flaws, we will NOT be held liable for the resultant flawed product.
Our standard prices reflect our production performance ONLY. We do NOT provide design review as standard, nor do we check for design feasability. If design review is required, it will attract an additional cost, which must be agreed before the order is placed.
2.1.9 For operational reasons there may be times 3rd Party Print firms need to upgrade paper weight to the next grammage available, Print will never be on a lesser weight but upgrade the grammage.
3.1 Delivery Dates
We will make every reasonable effort to meet your scheduled delivery dates. However, there are times, in a production environment, that print firms may be unable to meet our scheduled ship date. Therefore, our shipping dates are estimates, not guarantees. We do not accept responsibility for missed ship dates. We do not accept responsibility for loss suffered due to missed ship dates.
3.2 Turnaround Time (TAT)
Turnaround Time (TAT) starts from the date of APPROVAL of artwork and payment of final invoice and ends at the date of DISPATCH from 3rd Party Print Firms. It is measured in working (or business) days.
The turnaround time is selected at the time of ordering and additional charges are incurred for shorter TATs. The cut-off for TAT is 10.30am.
By way of example, if artwork is APPROVED on Monday, before 10.30am on a three day TAT, it will be dispatched on Thursday.
If, subsequent to placing an order, a faster TAT is required, notification MUST be sent to [email protected] and the accompanying fee must be paid. The new TAT will be executed upon full payment of the additional charge. We will not accept liability for missed ship dates due to non-payment.
Please note, all deliveries weighing in excess of 300kgs will take 48 hours to ship as standard.
3.3 Late Expedited Deliveries
Where it has been agreed that an expedited order has failed to meet the agreed service level, we may refund the expedite fee. In the case of standard TATs, we will not discount the standard price for a missed delivery date, as stated in 3.2.1 above.
All UK Print Firms use reputable courier companies to ship jobs. However, we will not be held liable for failure of a courier company to deliver in a timely manner and we will not compensate for lack of performance on the part of a transport company.
3.5 Failure to Deliver
When your job is dispatched, Mr Creator Design will be emailed details of the courier company and the tracking number of your goods. If the delivery attempt fails, the goods are returned to the print firm. There is a possibility that with some print firms there will be a charge cost for re-delivery attempts.
3.6 Please note for pallet deliveries only:
Pallet deliveries will provide the pallet to the destination. The end recipient will need to have facilities to receive this type of delivery.
If a delivery is refused for any reason, the additional costs of redelivery will be charged to the client.
3.3 Any modification to a job instructed by a client to Mr Creator Design, whether in regard to the content of a job, or the performance of a job, will be on a best efforts basis and will not change the terms of the agreement reached when the job is placed. A modification that will change the contractual basis of an order, can be agreed with a director of Mr Creator Design and will state explicitly which standard contractual terms are modified by agreement.
4.1 Notification Period.
Any complaints arising from damaged, missing or short shipped orders, should be reported to us within 48 hours. Any claims arising after this period will be rejected.
4.2 Damaged/Incorrect Goods
Goods MUST be returned directly to the 3rd Party Print firms in order that they may consider a refund or a reprint. The proof of delivery document MUST be signed as ‘damaged product’. Mr Creator Design will NOT accept returns to The Company’s address.
4.3 Quantity Variation
All Print Firms will deemed to have fulfilled their contract with The Company if they have shipped between 95% and 105% of your ordered quantity. Should a shortage be agreed, the rate will be reimbursed at the pro-rated contract rate.
5.1 Liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods, except in such cases which cause death, injury or damage to personal property.
5.2 We are not responsible for any financial loss suffered by you, including loss of earnings or expenses incurred by you.
5.3 We will not accept responsibility for resold products that are deemed inferior by the end-user, when the product has been printed within standard ink densities, reasonably tolerated within the print industry.
6.1 Payment Terms
Orders must be prepaid at the time of ordering, unless we have expressly agreed an account with you. Payment shall be made in full, compliant with the terms of the agreed account. We reserve the right to review and/or remove accounts at any time.
We reserve the right to charge 8% interest per annum on all overdue accounts.
6.3 Legal Fees
All legal and administrative fees, including Statutory Demand fees will be charged to your account, in the event of administering overdue accounts and/or the issuing of legal proceedings in the collection of overdue accounts.
Mr Creator Design is not VAT registered and therefore any products that incur VAT will be swallowed by the Company but may be reflected in the price charges by The Company to The Client.
7. CANCELLATIONS AND REFUNDS
7.1 To cancel an order, you must email [email protected] requesting a cancellation. Cancellation is subject to the following:
7.1.1 If the job has been approved and subsequently cancelled, it may have been plated. You will be charged for the cost of each set of plates made, at the rate of £100 per set.
7.1.2 Where no fault exists on the part of The Company and a cancellation has been requested, where a refund has been agreed by The Company, it will be refunded less £25 administrative fees.
7.2 All UK Print Firms reserve the right to reprint OR grant a refund OR grant a future credit to rectify defective work as they so choose. The Company and The Client are bound by these terms in this circumstance.
7.3 All UK Print Firms reserve the right to provide a remedy for any defective work provided by them either by reprinting or refinishing or in such a way as they deem appropriate and shall not be liable to refund. If you unilaterally choose to have work re-done by a third party without specific agreement by us, you automatically revoked your right to any remedy. We will not be held liable for such rework and the debt to us will remain valid.
7.4 We reserve the right to credit your account if we deem a refund should be made.
7.5 We reserve the right to offer to replace your job and you must accept such an offer unless you can show clear cause for refusing to do so.
8. DAMAGED GOODS
We have complete trust in the couriers used, but on the odd occasion boxes can get damaged in transit. For this reason, we would ask you to sign the delivery notice as damaged on receipt of your order. This is so we can follow up with the courier company to get any compensation due and find out why it has arrived damaged.
These terms are in conjunction with the Terms and Conditions of Graphic Design.
By entering into a project and paying a deposit for the work, you are bound by these terms.