Terms and conditions
PRINT AND DIGITAL DESIGN
The following Terms and Conditions of Service apply to all products and services provided by Tara Daya. All work carried out by 'the Company' is done so on the understanding that the client has agreed to the Company Terms and Conditions as set out below:
At the time of estimation, the Company will provide the customer with a written estimate or quotation. By accepting the estimate or quotation the customer is agreeing to the Terms & Conditions set out herein.
Provision of materials
You may agree to provide us with the specific copy, images and information we require in order to complete the work. We accept no responsibility for your work not being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you.
Print proof agreement
If the Company has provided you with a proof, your signing this agreement confirms that you agree to the design and contents of the printed document as depicted on the proof. By signing this agreement, you absolve the Company of all liability for any errors, omissions or discrepancies which may be present on the proof. Once you have signed this agreement and proof if supplied, you are not able to make any changes to the final product, nor are you able to hold the Company responsible for anything you are unhappy with. This contract revokes your right to take any kind of action against the Company for any aspect of the work with which you are later dissatisfied. Signing this contract means that, as long as the finished product is consistent with the proof if supplied, you must pay in full for the work. These terms are final and non-negotiable.
Making changes after proof stage (print only)
If a change is requested, we will do everything we can to make the correction before the printing starts, but we cannot guarantee this. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability (see “Proof Agreement” above). Once the proof is signed off or agreed, whether verbally or via email, if we incur a charge, this will be passed on to you as part of the total charge.
Print quality (print only)
Every effort will be made to obtain the best possible colour reproduction on customer’s work but because of the nature of the processes involved, the Company cannot guarantee an exact match in colour or texture between any materials that you may have supplied us, and the printed article.
Claims (print only)
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the Company within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to the Company and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to the Company within 28 days of delivery. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
Domain name of the client’s choice (subject to availability) can be provided as part of our hosting package by the Company. This cannot be a domain name already registered with another provider, but must be an additional one in such cases. Delay in websites going live because of administrative issues will not result in a delay in the site going live on the domain name that we have purchased on your behalf. Once the site is live on the domain name, all outstanding payment is due. It is not the Company’s responsibility if there is a delay in the transfer of a domain name held with another provider, and this will not be accepted as a reason to delay payment in full of all outstanding monies.
E-commerce/CMS systems will be provided as an empty shop/site, and training will be given to the client(s) on using the system. A delay in the client populating the e-shop/site will not be accepted as a reason for delayed payment as, once it is ready to be populated and training has been given, the Company’s job is done.
Once a client has agreed the look and feel proof for the website and instructed the Company to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate. Once a complete website, or changes to a website are made live on the website on the clients instruction, it is deemed that the site and/or the content of the site have been approved and the work is therefore completed.
Website updates & site maintenance
If you want to introduce new material in the form of extra pages, additional functions, or more information than is already available on your site, this must be paid for as a new job or hours taken from any maintenance package you have with us. These are charged at our standard rate per hour (or part thereof)
Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to the Company. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnify the Company from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.
All estimates for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.
The Company reserves the right not to print any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
The Company accept no liability whatsoever for consequential or third party losses, resulting from a delay in delivery or loss in service provided by the Company howsoever caused.
The Company accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by the Company.
The Company accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, fire, flood, 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 you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
The Company shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond the Company’s control.
The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself. VAT is charged at the current Customs & Excise rates and according to current regulations, irrespective of whether or not it is included in a price quotation.
Customers agree to adhere to the terms stated on the invoice.
Jobs put on hold or cancelled by the client
Jobs put on hold or cancelled by the client during production will be invoiced at our full hourly rate based on the number of hours worked and our outlay on materials. This applies irrespective of any package agreements which have been signed, as package discounts only apply if a job is brought to completion. The invoice we issue must be paid in full together with any VAT that falls due accordingly.
For invoices not settled within the agreed credit terms of 14 days from invoice date, we reserve the right to charge interest on the overdue debt at 1% of the value of the invoice every 14 days thereafter and an administration fee to cover the debt recovery costs.
Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being, a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, the Company, without prejudice to other remedies, shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.
The Company agrees to keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act