Terms and Conditions

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WEBSITE TERMS AND CONDITIONS

By using this website you are regarded as having read and agreed to our following terms and conditions:

Confidentiality

All client records are regarded as confidential and therefore will not be divulged or sold to any third party. Clients have the right to request sight of, and copies of any and all client records we keep, on the condition that we are given reasonable notice of such a request. We comply with the Data Protection Act of 1998.

Privacy

We only collect information relevant to the purpose for which they are intended to be used and we will do our utmost to ensure that such data will be accurate, complete, up to date & secure. You may request what data we hold and will have access to information as to how that data will be used.

Any data supplied will be securely by us and may be used to keep you informed about any services relating to our business via mail or email. We do not sell or give your personal information to any other company or organisation, unless ordered by a court of law.

Cookies

Our website cookies are only used to provide functionality and ease of use to our website for users. If you would like to know more information about what cookies are or how they work, please visit www.aboutcookies.org.

Links from this website

Links to external websites other than those owned by Thinkpad Creative are not shared or endorsed by us and we should therefore not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites.

Copyright

Copyright and other relevant intellectual property rights exist on all text and images throughout our website.

Notification of Changes

We reserve the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjusted or updated terms.

If you have any queries regarding our terms and conditions, please email info@thinkpadcreative.com


TRADING TERMS AND CONDITIONS

Definitions:

‘The Company’ is Thinkpad Creative. ‘The Client’ is You.

All charges & prices for services carried out by the Company are subject to VAT (where applicable) at the relevant rate.

All quotations containing estimated prices, whether written or verbal, are for the detailed and mentioned services only. Any additional services required to complete a project or requested by the Client, will be quoted for in advance and charged accordingly.

A signed purchase order (preferably with a purchase order number and value) will need to be raised for the full quoted and agreed amount before we commence work on any job. A separate Purchase Order may need to be raised for any extras not included in the original quotation.

Payment may be required for each stage of a project. If a project exceeds the expected time-scales, outside of Thinkpad Creative’s control (i.e. you, the customer, do not provide information, media, text, images etc… on time for us to complete the requested work), an initial invoice for the relevant work completed to date will be issued. The remaining amount will then be invoiced upon completion. All work will remain the property of Thinkpad Creative until full payment has been received.All estimates are based on expected or agreed design time and include two sets of authors corrections where alterations are called for by the Client, or if additional changes are required by client.

Where there is a change of brief, the Company will inform the Client in advance of any extra costs incurred.

Whilst every effort will be made to achieve agreed delivery, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Company’s control.

For all new clients payment for the full or part amount + VAT may be requested in advance of commencement, as agreed between parties. For any subsequent invoiced work, the Company must receive full payment not later than 30 days after the date of Invoice. The Company reserves the right to make a surcharge to accounts that are not paid by this time.

The Company reserves the right to invoice for any disbursements for part works carried out including third party costs incurred on a project should the project be unable to be completed for any reason or has been delayed/put on hold by the Client for a period of 4 weeks or more then stage invoicing will occur.

In good faith, the Company would hold any supplied files, originals and materials for a period of up to 3 months. Resumption of works on the project would be completed according to the original schedule of costs so long as the project specification remained unaltered.

All creative work produced and devised during a project(s), creative, digital, software files and related correspondence remain the property – physically, intellectually and in copyright, of the Company until full payment has been made on the Client’s account, and all project costs have been cleared.

Once final proofs/materials have been signed off, the Company cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.

It is the responsibility of the Client that all materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied to Design Inc by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. Design Inc will not accept responsibility/liability for infringements caused by any wrongly supplied materials.

Any printing, fulfilment, mailing or third-party services that are provided by the Company will require a minimum up-front payment of 75% (possibly higher in relation to value) of the agreed cost (this figure will be at the discretion of the Company and may in some cases be as much as 100%). Please note that the Company will be unable to proceed to this stage without receipt of or proof of this payment.

The Client should be aware that due to a variety of factors there will often be variance in colours shown between in-house proofs, colours on screen, printer’s proofs, and final printed items. These factors are determined by the source of the print or visual (each output source e.g the Company’s printer, the Client’s printer, the image setter, the monitor etc will differ from the other), the types of inks or make-up of colours (even Pantone colours can vary significantly and often surprisingly depending on what stock or substrate they are printed on), the type of print process (short-run digital, longer-run litho printing), the substrate (paper, card, plastic etc) used, individual preferences (ambient light, personal computer settings etc) and several other reasons. If re-prints are ordered some time apart from the original print run, the Company cannot guarantee to match the original print in colour, feel or quality as many factors change over time. As a result of this the agency is unable to guarantee 100% consistency and accuracy of colour on all items and may not always be able to achieve the exact result expected by the client. In the case of printed items, the only true guide as to what is likely to be produced, is to request a ‘wet-proof’ on the actual intended substrate with the actual inks to be used, although this will incur additional cost. However as long as the Client accepts there may be inconsistencies across work produced, this step may not be necessary. The agency does not accept any responsibility for colour variations as a result of these indeterminate factors. These terms however do not affect the quality of work produced. Although variations may occur the overall quality will still be of an exceptional high standard based on the cost & print run.

Request of files and media: Unless stated in any pre-order contract, you The Client do not own any copyright or rights to the original artwork files created for digital and/or printed media. All design work and original files are owned by The Company. You, The Client, do not own rights to the fonts and we are prohibted by law to supply these to you. Items supplied by you The Client remain yours (i.e photos, text, diagrams etc). Upon payment of work you, The Client, own the right to the printed media or digital file (pdf). Designs must NOT be reproduced without the approval of the designer/The Company. Where possible we are more than happy to send you relevant files which you have rights to (i.e. files you supplied to us), without charge. If you request artwork files, website files or any large amount of files from us, we reserve the right to make a standard file package & transfer charge to complete this request (starting at £60+VAT). This covers out time to gather, package and transfer the files to you for your own personal use.

The Company reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Client. Any outsourced job remains the property/responsibility of the Company and such services are deemed to be carried out ‘indirectly’ by the Company.

As part of larger projects which involve 3rd parties commissioned directly by the Client, the Company will not be held responsible in any way for services not carried out/managed directly or indirectly by the Company.

Advice of any loss, quality or damage issues must be reported to the Company within five clear working days of delivery and receipt (whether be printed or digital) and any claim in respect thereof must be made in writing to the Company within 3 working days thereafter. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.

In the event of any bona fide dispute or difference arising between the parties in connection with the Contract (excluding any dispute relating to non payment of the Charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Client to inform the Company immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, deadline), without such information, no disputes will be entered into.

Every endeavour will be made to deliver the correct printed quantity ordered, but estimates are conditional upon margins of 5%. The Company reserves the right to change/alter ordered amounts in the Clients best interest.

Whilst taking every care to protect all media and correspondence supplied, the Company cannot accept liability or be held responsible financially or otherwise for any loss. Disputes will not be entered into.

The Company cannot guarantee the Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore the Company will not accept liability for any alleged claim from the Client or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.

It remains the Client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Client by the Company.

If at any point during the design or development cycle a client wishes to cancel, they may do so but will be invoiced an amount that the Company judges to be proportional to the amount of work completed on the commission and further compensatory charges for booked design time or printing press time or any other supply costs accruing.

The Company reserves the right to the addition of our Company credit on printed or digital projects unless instructed otherwise by the Client and, to the use for self-promotion any work carried out for the Client.

The Company reserves the right to use both initial creative concepts and final approved design work for the purposes of the Company’s marketing activities (both online and offline) unless otherwise requested/agreed with the Client.

Terms and Conditions may be changed at any time without prior notice to its clients. Notification will be sent to all clients at the time of the Terms and Conditions alterations.

The company shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing), Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply, Lock out, Strike by employee’s in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto, shall otherwise accept delivery when available.

The Company will have a lien over any product, data or materials if all payments due from you have not been paid and cleared in full within 30 days from the date of the invoice. We reserve the right to withhold supply of goods and, in the case of web services, recall services including the hosting of websites until payment has been made.

The Client is agreeing fully to the Company’s trading Terms and Conditions by commissioning services.

Web Hosting Service Level Agreement

Service Level Agreement

This agreement describes the standard level of service that all website hosting customers can expect from the Company. It attempts to quantify the levels of service that all hosting customers can expect, and the remedies we offer if we fail to provide service at those levels.

The Company provides website hosting services with the latest reliable & secure technology. We do not constantly check the websites we host to ensure they are functioning correctly as routine use, maintenance and software updates can affect website functions. It is therefore the responsibility of the Client to ensure their website is operating as it should. Any errors found should be reported to the Company as soon as possible and will be corrected without charge, unless the error has been caused by the Client in which a support charge will be required to fix the relevant errors.

We cannot be held responsible for website errors caused by server downtime or maintenance. Server maintenance is out of our control and is required at regular intervals throughout the year to maintain performance and speed. Emergency maintenance may also be required without warning to correct and fix any server related errors, in this case the Company will not be held responsible for any website downtime or lost business caused by the emergency.

Response times

Support, unless noted otherwise in a supplementary service level agreement, technical support is provided by the Company on a first-come, first-served “best effort” basis. We aim to at least acknowledge, if not fully answer, all emails to our support address info@thinkpadcreative.com within 5 working hours. We aim to answer the phones during working hours (9am to 5pm), but under times of high demand or staff sickness, may defer to an answering service where we promise to return all messages as soon as possible.

WordPress

For those websites hosted by the Company which have been built (or part-built) upon the WordPress platform, please be aware that WordPress irregularly makes updates which means that the Company may need to make updates to your site so that your website continues to work upon our servers. It is not known how many times per year WordPress make updates, however, we estimate between 4 – 8 updates per year. The more functionality a WordPress site has the more time needed to make updates to that website.

The Company works reactively for such updates – we respond should we be informed of a critical change (by WordPress) or should the client point out an error in functionality. Please note, the Company cannot be held responsible for any functionality failure caused directly by an update to WordPress or a plug-in of which we were not made aware.

The Company will charge per annum for these updates, this will be included on your initial quotation. Please note, WordPress updates are not considered to be maintenance of a website.

Invoicing

Website hosting runs annually, paid in advance. An invoice will be sent automatically at the time of renewal. Should a client not wish for the Company to renew the hosting service, we request a notice period of one month in advance of cessation along with details to where you would like the web files sent. If we do not hear such a request, it will be assumed that you do wish the web hosting to be renewed and are in agreement with the terms for the following year.

Domain names run annually paid in advance. An invoice will be sent automatically at the time of renewal. Should a client not wish for the Company to renew the registered domain name(s), we request a notice period of one month in advance of cessation along with details explaining what you would like doing with the domain name (i.e no longer required or moving to another provider). If we do not hear such a request, it will be assumed that you do wish the domain name(s) to be renewed and are in agreement with the terms for the following year.

Should the Company be informed after this months notice period, the Company cannot be held liable for any delays caused in the transfer of hosting of your website or domain name(s) to another server or provider.

Exceptions

The Client shall not be entitled to any credit hereunder if the network downtime is caused by: (i) actions of the Client or others authorised by the customer to use the service under the Agreement; (ii) customer application, software, or Client’s operating system failure, (iii) the result of network maintenance activity, (iv) denial of service attack, hacker activity, or other malicious event or code targeted against the Company or a Company’s customer, or (v) failure of any network or Internet Infrastructure not owned or managed by the Company.

Definitions: “The Company” means Thinkpad Creative, No6 Suffolk Gardens, South Shields, NE347JF. UK


PAYMENT TERMS AND CONDITIONS

All prices exclude VAT. VAT will be charged at the current rate at the date of invoice.

All prices exclude delivery unless otherwise stated. Delivery costs will be quoted for before delivery. Digital items do not require delivery, although a file package and transfer charge may be applied.

Prices are fixed for 28 days from date of quotation.

Payment may be required for each stage of a project. If a project exceeds the expected time-scales, outside of Thinkpad Creative’s control (i.e. you, the customer, do not provide information, media, text, images etc… on time for us to complete the requested work), an initial invoice for the relevant work completed to date will be issued. The remaining amount will then be invoiced upon completion. All work will remain the property of Thinkpad Creative until full payment has been received.

Payment terms: Payment by bank transfer, cash or cheque. Paid in full, no more than 28 days from date of invoice. Late payments will incur charges unless otherwise agreed with us.

If you are unable to pay an invoice on time, you must contact us and explain your reasons to avoid any late payment charges. Charges will be deferred at our discretion.