TERMS AND CONDITIONS
This document is to be viewed by all involved parties as a binding and insoluble contract in agreement to the terms stated below. After starting any job with Mark Williams, you authorise Mark Williams to proceed with the creation of the service’s/product’s as discussed with the sales representative and confirmed on the Job Approval.
Office Hours
Mark Williams’ office hours are 9am – 5.00pm, Monday to Friday.
Contacting Mark Williams.
In order to deal more effectively with your queries, we ask that you put any questions to us in writing.
Email: mark@mwcreative.co.uk.
Provision of Materials
You agree to provide us with the specific copy, images and information we require in order to create your product, or to advise us as to where we can locate such materials. We accept no responsibility for your site not being put live/product being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you. If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final product, as these may arise through our lack of specialist knowledge regarding the content of your product. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged to you at our standard rate. We accept no responsibility for the delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials. This does not apply if the additional cost could have been avoided but for unreasonable delay on the part of Mark Williams in ascertaining the unsuitability of the materials with which you provide us. Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified. Sometimes images are obtained from the internet for design purposes only and should always be replaced by the client before making any collateral live in the public domain.
Print Proof Agreement
By approval via email, you absolve Mark Williams of all liability for any errors, omissions or discrepancies which may be present on the final proof/print ready PDF. For printed materials we advise you to get a printers proof of your job before committing to a print run. Once the final print ready PDF is supplied, you are not able to make any changes to the final product, nor are you able to hold Mark Williams responsible for any thing you are unhappy with. Our standard Terms & Conditions revokes your right to take any kind of action against Mark Williams for any aspect of the work with which you are later dissatisfied. As long as the finished product is consistent with the proof if supplied, you must pay in full for the work. This fact applies whether or not you later take issue with any aspect of the product. 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.
Payment Terms
Full payment must be received in 30 days from the date of invoice.
Copyright
Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to Mark Williams. 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 Mark Williams from any claim which arises regarding the use of material with which you supply us or we use for design layout purposes only. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request other wise in writing.
Quotes/Estimates
All quotes 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.
Consequential Loss
Mark Williams accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.
Financial Loss
Mark Williams accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by Mark Williams.
Force Majeure
Mark Williams 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, war, fire, flood, drought, 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.
Jobs Put On Hold or Cancelled by the Client
Jobs put on hold or cancelled by the client during production will be invoiced at current stage and materials. This invoice must be paid in full.
Insolvency
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, Mark Williams, 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.
Data Protection
Mark Williams agrees 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.