TERMS AND CONDITIONS OF BUSINESS:
[Download Copy Here]
1. Introduction
1.1 These terms and conditions (“the terms”)
govern every contract made between |D|A|T|A| Graphics for the supply of goods and services to any person, firm or company (“the client”).
1.2 The terms prevail over any written terms and conditions of the client.
1.3 Any variation to the terms must be agreed in writing by a director of |D|A|T|A| Graphics.
1.4 All contracts between |D|A|T|A| Graphics and the client will be governed by English law and the parties agree to submit
to the exclusive jurisdiction of the English courts.
2. Price and payment
2.1 The client will pay |D|A|T|A| Graphics the
fixed fee or current price list charge – whichever is agreed at the time of instruction.
2.2 |D|A|T|A| Graphics will invoice the client at 28 days if feedback is not received to progress the clients project.
2.3 Invoices from |D|A|T|A| Graphics to the client for supply of goods or services should be paid in full on receipt of invoice,
by cheque.
2.4 Invoices from |D|A|T|A| Graphics to the client for |D|A|T|A| Graphics plus services should be paid in full on receipt of
invoice by Paypal - final files will NOT be released until PayPal confirm settlement.
2.5 If the client does not have a credit account with |D|A|T|A| Graphics, goods or services must be paid for on collection of
the completed job. Payment can be made by cheque or cash.
2.6 |D|A|T|A| Graphics reserves the right (without disclosing a reason) to demand payment for work on collection at any time.
2.7 The client will pay |D|A|T|A| Graphics any expenses incurred by in connection with the recovery of monies outstanding (including
legal costs on an indemnity basis).
3. Ordering
3.1 Orders for work must be given in writing
to |D|A|T|A| Graphics by the client.
3.2 Not withstanding clause 3.1, if |D|A|T|A| Graphics accepts a verbal order from the client |D|A|T|A| Graphics will not be
held responsible for any mistakes (made by either party) arising from that verbal order.
3.3 |D|A|T|A| Graphics reserves the right to refuse to accept any order.
4. Quotations
4.1 All quotations given by |D|A|T|A| Graphics will be valid for 28 days from the date of quotation.
4.2 If the clients final order changes from the original specification made for the quotation, |D|A|T|A| Graphics reserves the
right to vary the quotation.
5. Turnaround times
5.1 Turnaround times which are quoted in the price list and web site are normal target times only and |D|A|T|A| Graphics accepts
no liability for failure to meet these times, but will use its best endeavours to do so.
6. Image sizes
6.1 Some transparencies and/or negatives do not have the exact same proportions as certain paper sizes.
If this is the case, the client must inform |D|A|T|A| Graphics if they require the full image area or if image should be cropped to fill the
desired print size. If no instructions are given |D|A|T|A| Graphics will print the full frame.
7. Print finish
7.1 Unless stated by the client, |D|A|T|A| Graphics will decide, at its sole discretion, which print finish
to use (either semi-matt or gloss).
8. ADSL data transmission
8.1 |D|A|T|A| Graphics will not accept responsibility for loss of earnings to the client for untransmissable
ADSL data. It is solely the responsibility of the client to ensure the receiving end of the ADSL transmission has an active compatible computer.
It is also the responsibility of the client to ensure the correct ADSL address is given to |D|A|T|A| Graphics.
9. Colour balancing
9.1 |D|A|T|A| Graphics will, if requested by the client, scan images to a colour balance provided by the
client by way of reference prints or polaroids.
9.2 If no such request or reference material is provided by the client |D|A|T|A| Graphics will scan and/or print images using
its own ‘judgement’ for colour balancing.
10. Uncollected work
10.1 If any items of work including prints and original files belonging to a client are not
collected after 12 months of the requested work being done, |D|A|T|A| Graphics reserve the right to dispose of such material.
11. Copyright and moral rights
11.1 |D|A|T|A| Graphics claims no copyright in material submitted to us for the purposes of fulfilling
the clients instruction.
11.2 The client warrants that the client owns or controls all rights, has obtained all copyright, or has permissions, consents
and waivers that as are now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by |D|A|T|A|
Graphics.
11.3 The client also warrants that no copyright or moral rights will be infringed by |D|A|T|A| Graphics carrying out the requested
work.
11.4 The client agrees to indemnify |D|A|T|A| Graphics against all losses, damages, claims or expenses which |D|A|T|A| Graphics
may incur by virtue of any breach of the above warranties.
12. Liability
12.1 The client must contact |D|A|T|A| Graphics concerning details of an invoice within 7 days of the
date of the invoice.
12.2 |D|A|T|A| Graphics’s liability to the client or any other party for the loss including theft, or destruction or damage
to any materials provided by the client which are deposited with |D|A|T|A| Graphics for whatever reason;-
12.2.1 Will be limited to the replacement cost of the actual material and;
12.2.2 |D|A|T|A| Graphics will not be liable for the cost of reshooting or reprinting the material contained on the material
and;
12.2.3 |D|A|T|A| Graphics will not be liable for any loss or damage to the client or any other party including loss of income
and;
12.2.4 It is the clients responsibility to insure against such loss and damage.
12.3 |D|A|T|A| Graphics will not be liable for failing to complete any contract between |D|A|T|A| Graphics and the client due
to circumstances beyond |D|A|T|A| Graphics’s control including loss of power supply, machine breakdown, loss of materials, fire, storm,
flood, act of god, war, civil disturbance or terrorism.
