Terms and Conditions v1.3
The following Terms and Conditions of Service apply to all products and services provided by Shrinkpad Designs Ltd.
In these Terms and Conditions, the “Client” or “Customer” means the person, firm or company who commissions the services of Shrinkpad Designs Ltd or “the Company”.
All work is carried out by Shrinkpad Designs Ltd on the understanding that the Client has agreed to Shrinkpad Designs Ltd’s Terms and Conditions.
Copyright is retained by Shrinkpad Designs Ltd on all design work including but not limited to words, pictures, ideas, visuals and illustrations (unless specifically released in writing) and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by Shrinkpad Designs Ltd as fulfilling the contract, all other designs remain the property of Shrinkpad Designs Ltd unless otherwise agreed in writing.
The client agrees to pay for all products and services provided by Shrinkpad Designs Ltd directly. Shrinkpad Designs Ltd will not invoice a third party client without prior written agreement, before commencement of any work, and will only do so if written agreement is obtained directly from that third party Client.
Estimates & Project Acceptance
At the time of proposal, Shrinkpad Designs Ltd will provide the Customer with a budget estimate or quotation. The latest Terms and Conditions can be read on Shrinkpad Designs Ltd’s website. Where a Client does not request a budget estimate, or does not provide sufficient information for a full budget estimate to be provided, time will be charged on an hourly basis at the set Client rate, all time is reconcilable at the end of a project. Any quotation given by Shrinkpad Designs Ltd relating to the price of the services and the time or period for delivery of the services or otherwise is based on the relevant conditions and information known to Shrinkpad Designs Ltd at the time and does not constitute an offer. Unless previously withdrawn or otherwise agreed in writing, any quotation shall be valid for a period of 30 days, or if different for the period stated in the quotation. However all quotations and orders are subject to withdrawal or alteration in whole or in part by Shrinkpad Designs Ltd at any time.
The budget estimate or quotation is to be agreed in writing by the Client to indicate acceptance, the client may send an official order in the form of a Purchase Order number or document or written agreement in an email in reply to the estimate or quotation which binds the client to accept Shrinkpad Designs Ltd’s Terms and Conditions. No work on a project will commence until agreement has been received by Shrinkpad Designs Ltd. If the client places verbal orders, Shrinkpad Designs Ltd shall be entitled to ask the client to confirm any order in writing or will confirm back to the client that a verbal order has been agreed.
Shrinkpad Designs Ltd reserves the right to request advance payment from the Client for the total amounts due for the Services in respect of external third party costs and initial design work. Shrinkpad Designs Ltd shall be entitled to await payment in full before commencing the Services.
All credit accounts shall be paid up on or before the 30th day after the date of the invoice. Shrinkpad Designs Ltd reserve the right without notice to charge interest on past due balances at the rate of 2.5% per month while the account remains unpaid. Shrinkpad Designs Ltd reserve the right to refuse completion or delivery of work until past due balances are paid.
Publication and/or release of work done by Shrinkpad Designs Ltd on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of £50 per returned cheque. Shrinkpad Designs Ltd reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Shrinkpad Designs Ltd shall be considered entitled to remove Shrinkpad Designs Ltd’s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Shrinkpad Designs Ltd reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Shrinkpad Designs Ltd for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Shrinkpad Designs Ltd on behalf of the customer, will remain the property of Shrinkpad Designs Ltd and/or it’s suppliers.
The customer may request in writing from Shrinkpad Designs Ltd, the necessary permission to use materials (for which Shrinkpad Designs Ltd holds the copyright) in forms other than for which it was originally supplied, and Shrinkpad Designs Ltd may, at it’s discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to Shrinkpad Designs Ltd, the customer grants Shrinkpad Designs Ltd permission to use this material freely in the pursuit of the design.
Should Shrinkpad Designs Ltd, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Shrinkpad Designs Ltd to remove and/or replace the file.
The customer agrees to fully indemnify and hold Shrinkpad Designs Ltd free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Revisions & Alterations
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. Time quoted allows for 3 sets of minor copy revisions after initial layout, unless otherwise agreed on the assumptions of that particular project estimate. All initial content should be supplied as approved copy in editable electronic format, anything not provided in that format may be liable to an additional time charge.
The customer also agrees that Shrinkpad Designs Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.
Errors & Omissions
It is the client’s responsibility to check PDF proofs carefully for accuracy in all respects. Shrinkpad Designs Ltd is not liable for errors or omissions. Written confirmation of approval to go to print is required from the client. If approval is given verbally, Shrinkpad Designs Ltd reserve the right to request approval in writing or to reply to the client via email confirming verbal approval has taken place.
Property and Suppliers performance
Shrinkpad Designs Ltd will take all reasonable precautions to safeguard property entrusted to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorised use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed matter. Although we may use our best efforts to guard against any loss arising from the failure of our suppliers, media, or others to perform in accordance with their commitments, Shrinkpad Designs Ltd is not responsible for failure on their part. We cannot in any way be held responsible for quality, price, performance or delivery of materials made or supplied by others where the work has been placed directly by the client.
Any design, copywriting, drawing, idea or code created for the customer by Shrinkpad Designs Ltd, or any of it’s contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Shrinkpad Designs Ltd and any of it’s relevant sub-contractors.
All design work - where there is a risk that another party may make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Shrinkpad Designs Ltd will not be held responsible for any and all damages resulting from such claims. Shrinkpad Designs Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Shrinkpad Designs Ltd responsible for any such loss or damage. Any claim against Shrinkpad Designs Ltd shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Shrinkpad Designs Ltd’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Shrinkpad Designs Ltd in electronic format as standard text (.txt), MS Word (.doc) on USB, via WeTransfer or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Shrinkpad Designs Ltd on USB, via WeTransfer or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Shrinkpad Designs Ltd will not be held responsible for any image quality which the client later deems to be unacceptable. Shrinkpad Designs Ltd cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches and purchases, media conversion, digital image processing, or data entry services.
Any indication given by Shrinkpad Designs Ltd of a design project’s duration is to be considered by the customer to be an estimation. Estimates are based upon a reasonable time schedule, and may be revised to take into consideration your priority scheduling requests requiring overtime and/or weekend working. Knowledge of your deadlines is essential to provide an accurate estimate. Estimates assume work will be completed within the same financial year that they commence, unless otherwise agreed.
In addition, third party suppliers may charge additional ‘rush’ charges in respect of work required in a hurry. In general, the client needs to allow 7-10 working days for standard litho print items (more complicated items/finishing may require extra time) and 3 working days for digital print production, though printing can be completed more quickly it will be determined by the project specification and may incur additional charges.
Shrinkpad Designs Ltd reserve the right to photograph and or distribute or publish for our company’s promotional and marketing needs any work Shrinkpad Designs Ltd create for the client, including use for but not limited to roughs, visuals, mock-ups and presentations, as samples for our portfolio, newsletters, brochures, and website and for entry for awards.
We will endeavour to store files on computer discs for a period of 12 months beyond the delivery of a project. Thereupon, Shrinkpad Designs Ltd reserve the right to discard them without notice.
Excessive data storage may result in Shrinkpad Designs Ltd charging for additional storage space.
Rights of Refusal
Shrinkpad Designs Ltd will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Shrinkpad Designs Ltd also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Shrinkpad Designs Ltd does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Shrinkpad Designs Ltd to remove the contravention without hindrance, or penalty. Shrinkpad Designs Ltd is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, followed by written confirmation via email. The client will then be invoiced for all work completed. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not confirmed via email and received by Shrinkpad Designs Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Production schedules, storage of files and property belonging to the client will be established and adhered to by both the client and Shrinkpad Designs Ltd, provided that neither shall incure any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, industrial dispute or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the client or Shrinkpad Designs Ltd. Where production schedules are not adhered to by the client, final delivery date or dates will be adjusted accordingly.
Shrinkpad Designs Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Shrinkpad Designs Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. Shrinkpad Designs Ltd is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Shrinkpad Designs Ltd responsible for any such loss or damage. Any claim against Shrinkpad Designs Ltd shall be limited to the relevant fee(s) paid by the customer.
Shrinkpad Designs Ltd reserves the right to use the services of subcontractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Shrinkpad Designs Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Shrinkpad Designs Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
The placement of an order for design and/or any other services offered by Shrinkpad Designs Ltd and validated by the customer’s agreement to commence work on the project constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the Client and Shrinkpad Designs Ltd. The validity and enforceability of this agreement will be interpreted in accordance with the laws of England, but Shrinkpad Designs Ltd reserves the right to bring proceedings in connection with this contract in any other court of competent jurisdiction. Failure by Shrinkpad Designs Ltd to enforce any of these conditions shall not be construed as a waiver of that condition or any other condition.
Repton Manor, Repton Avenue, Ashford, Kent TN23 3GP. Company No. 08620159.
Invoices paid to:
Shrinkpad Designs Limited
The Co-Operative Bank Plc, P.O. BOX 250, Skelmersdale, WN8 6WT.
Account Number: 69639522. Sort Code: 08-92-99.
IBAN: GB05CPBK08929969639522. BIC: CPBK GB22.