1) APPLICATION
These terms and conditions apply to any provision of
services or materials by the Company to the Client.
2) FORMATION OF CONTRACT
All Goods sold by the Company are sold subject to the
Company’s standard terms and conditions (as detailed below) which form part of
the Client’s contract with the Company. Terms and conditions on the Client’s
order form or other similar document shall not be binding on the Company.
3) ORDERS
3.1 Orders will be
deemed to have been placed when an email confirmation has been received from a
responsible executive of the client company.
3.2 For email
invitations, online fulfilment projects and direct marketing files (as provided
by Prime Prospects) it is a requirement of the Company, that the email piece,
online form or mail piece shall be approved by the company before an order can
be confirmed and any data dispatched.
4) COPYRIGHT
The Client acknowledges that the rights to the Goods
are owned by the Company, international treaty provisions and all other
applicable national laws.
5) RISK OF LOSS
The risk of loss or damage to the Goods shall pass to
the Client upon delivery of the Goods.
6) PAYMENTS
6.1 New clients or other
clients out of terms may be expected to pay in advance for their services.
6.2 All other invoices
issued by the Company shall be paid by the Client within thirty (30) days of
the date of invoice unless otherwise agreed in writing by the Company.
6.3 If any amount of an
invoice is disputed then the Client shall inform the Company of the grounds for
such dispute within seven days of delivery of the goods and shall pay to the
Company the value of the invoice less the disputed amount in accordance with
these payment terms. Once settlement of the dispute has been agreed, any sum
then outstanding shall also be payable in accordance with these payment terms.
6.4 The Company reserves the right to increase a quoted
fee in the event that the client requests a variation to the work agreed.
7) CANCELLATION
In view of the nature of the service, any order–once
confirmed by the Company–is not cancellable. Cancellation of the Order by the
Client will only be accepted on condition that any costs, charges and expenses
already incurred, including any charges that will be levied by a sub-contractor
on account of their expenses, work or cancellation conditions will be
reimbursed to the Company forthwith.
8) DELIVERY
8.1 The majority of
services as supplied by the company are dispatched electronically by email and
shall be deemed as having been delivered when the email has been opened by the
client.
8.2 The Company reserves
the right to substitute conventional delivery methods without notice or penalty
should electronic dispatch prove inconvenient; in which case delivery by the
Company will be deemed to have taken place when the materials are handed to the
custody of the Client at his premises or to a deputed messenger or courier when
posted. The Company will be entitled to charge the Client for any expenses of
delivery other than normal postage charges.
9) NOTICE
All written notices to be served on or given to the
client shall be sent or delivered to the client’s principle place of business
and shall be treated as having been given upon receipt.
10) LOSS OR DAMAGE TO SUPPLIES
The Company will take all reasonable steps to ensure
the protection from loss, damage or destruction of the services or materials it
supplies to the Client (or which may be received from the Client).
11) CONFIDENTIALITY
Both parties shall maintain strict confidence and shall
not disclose to any third party any information or material relating to the
other or the other’s business which comes into that party’s possession and
shall not use such information and material without written permission by the
other party. This provision shall not, however, apply to information or
material which is, or becomes, public knowledge by means other than by breach by
a party to this clause.
12) WARRANTY
12.1 The Company
warrants that it has the right to provide the Goods but otherwise the Goods are
provided on an “as-is” basis without warranty of any kind, express or implied,
oral or written including, without limitation, the implied conditions of
merchantable quality, fitness for purpose and description, all of which are
specifically and unreservedly excluded. In particular, but without limitation,
no warranty is given that the Goods are suitable for the purposes intended by
the Client.
12.2 The Company
warrants that the Goods will be supplied using reasonable care and skill. The
Company does not warrant that the Goods supplied are error-free, accurate or
complete.
12.3 Both parties
warrant that they are registered under the Data Protection Act in respect of
the collection, processing and use of the Goods. Each party will comply with
the Act including but not limited to its obligations in respect of any personal
data which it may supply to or receive from the other party.
