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The small print...
Designed to protect both parties, our
terms are simple and honest. If you have any queries, just
drop us a line. |
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Conditions
of Business
1.
Introduction
-
These terms and conditions - the terms - govern every
contract made between eDigital Design for the supply of
goods and services to any person, firm or company (- the
client -).
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The terms prevail over any written terms and conditions
of the client.
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Any variation to the terms must be agreed in writing
by a director of eDigital Design.
- All contracts between eDigital Design 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
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The client will pay eDigital Design the fixed fee or
current price list charge - whichever is agreed at the
time of instruction.
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eDigital Design will invoice the client at 28 days if
feedback is not received to progress the clients project.
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Invoices from eDigital Design to the client for supply
of goods or services should be paid in full on receipt
of invoice.
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If the client does not have a credit account with eDigital
Design, goods or services must be paid for on collection/delivery
of the completed job. Payment can be made by bank account
transfer, cheque or cash.
-
eDigital Design reserves the right (without disclosing
a reason) to demand payment for work on collection at
any time.
- The client will pay eDigital Design any expenses incurred
by in connection with the recovery of monies outstanding
(including legal costs on an indemnity basis).
3.
Ordering
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Orders for work must be given in writing to eDigital
Design by the client.
-
Not withstanding clause 3.1, if eDigital Design accepts
a verbal order from the client eDigital Design will not
be held responsible for any mistakes (made by either party)
arising from that verbal order.
- eDigital Design reserves the right to refuse to accept
any order.
4.
Quotations
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All quotations given by eDigital Design will be valid
for 28 days from the date of quotation.
- If the clients final order changes from the original
specification made for the quotation, eDigital Design reserves
the right to vary the quotation.
5.
Turnaround times
- Turnaround
times which are quoted in the price list and web site are
normal target times only and eDigital Design accepts no
liability for failure to meet these times, but will use
its best endeavours to do so.
6.
Image sizes
- 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 eDigital Design if they require
the full image area or if image should be cropped to fill
the desired print size. If no instructions are given eDigital
Design will print the full frame.
7.
Print finish
- Unless stated by the client, eDigital Design will decide,
at its sole discretion, which print finish to use (either
semi-matt or gloss).
8.
ADSL data transmission
- eDigital Design 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 eDigital
Design.
9.
Colour balancing
-
eDigital Design will, if requested by the client, scan
images to a colour balance provided by the client by way
of reference prints or polaroids.
- If no such request or reference material is provided
by the client eDigital Design will scan and/or print images
using its own judgement for colour balancing.
10.
Uncollected work
- 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, eDigital Design reserve
the right to dispose of such material.
11.
Copyright and moral rights
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eDigital Design claims no copyright in material submitted
to us for the purposes of fulfilling the clients instruction.
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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 eDigital Design.
-
The client also warrants that no copyright or moral rights
will be infringed by eDigital Design carrying out the
requested work.
- The client agrees to indemnify eDigital Design against
all losses, damages, claims or expenses which eDigital Design
may incur by virtue of any breach of the above warranties.
12.
Liability
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The client must contact eDigital Design concerning details
of an invoice within 7 days of the date of the invoice.
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eDigital Design'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 eDigital Design for whatever reason;-
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Will be limited to the replacement cost of the actual
material and;
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eDigital Design will not be liable for the cost of reshooting
or reprinting the material contained on the material and;
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eDigital Design will not be liable for any loss or damage
to the client or any other party including loss of income
and;
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It is the clients responsibility to insure against such
loss and damage.
- eDigital Design will not be liable for failing to complete
any contract between eDigital Design and the client due
to circumstances beyond eDigital Design control including
loss of power supply, machine breakdown, loss of materials,
fire, storm, flood, act of god, war, civil disturbance or
terrorism.
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