- These terms and conditions – the terms – govern every contract made between House Marketing for the undertaking of work with any person or company (the client).
- The terms prevail over any written or oral terms and conditions of the client.
- Any variation to the terms must be agreed in writing by House Marketing.
- All contracts between House Marketing and the client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
- House Marketing reserve the right to update or alter these terms at any time. Any significant change will be communicated to any current client in writing.
2. PRICE AND PAYMENT
- The client will pay House Marketing the fixed fee agreed in advance or the quoted fee plus additional hours where necessary – whichever is agreed at the time of instruction.
- House Marketing may insist on part payment in advance of a project commencing or as work in progress and the remaining amount upon completion.
- House Marketing will invoice the client at 30 days if feedback is not received to progress the client’s project.
- Abortive fees equating to up to 20% of agreed contract will apply in case of cancellation where work has been commenced.
- Invoices from House Marketing to the client for supply of work or services will be issued on delivery of the project.
- Invoices from House Marketing to the client should be paid within 30 days of invoice. Payment can be made by cheque or directly into House Marketing’s bank account on provision of bank details.
- All sums quoted and payable under this agreement are exclusive of VAT which will be added where appropriate.
- House Marketing reserve the right (without disclosing a reason) to demand payment for work completed at any time.
- The client will pay House Marketing any expenses incurred in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
- Any overdue payment will be subject to interest at 2.5% above bank base rate from the date of invoice.
- Orders for work must be given in writing (this includes email) to House Marketing by the client.
- Notwithstanding clause 3.1, if House Marketing accept a verbal order from the client they will not be held responsible for any mistakes (made by either party) arising from that verbal order.
- House Marketing reserve the right to refuse to accept any order.
- All quotations given by House Marketing will be valid for 28 days from the date of quotation.
- If the client’s final order changes from the original specification made for the quotation, House Marketing reserve the right to alter the quotation.
5. TURNAROUND TIMES
- Turnaround times which are quoted are normal target times only and House Marketing accept no liability for failure to meet these times, but will make every attempt to do so.
- Approval for printing must be given in writing (this includes email) to House Marketing by the client on receipt of a suitable proof prior to printing. The client is liable for re-printing costs as a result of any errors not picked up at this stage by the client.
- House Marketing may use the Pantone Matching System to determine colour selection across various surfaces. Where appropriate we will require sign-off by the client in regards to colour. However, printers require a 25% variation in colour as being ‘commercially acceptable’ therefore we cannot be responsible for the cost of reprints where the colour is deemed unacceptable when the correct colour was specified.
8. 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 completed, House Marketing reserve the right to dispose of such material.
9. COPYRIGHT AND MORAL RIGHTS
- House Marketing claim no copyright in material submitted to us by or on behalf of the client for the purposes of fulfilling the client’s instruction.
- 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 House Marketing.
- The client also warrants that no copyright or moral rights will be infringed by House Marketing carrying out the requested work.
- The client agrees to indemnify House Marketing against all losses, damages, claims or expenses which House Marketing may incur by virtue of any breach of the above warranties.
- House Marketing retain the full copyright of all works undertaken even in the case that such works are paid for in full. House Marketing reserve the right to assign ownership of the copyright of work to clients in writing at their sole discretion.
- All copyright of imagery acquired by House Marketing and utilised in any marketing materials is subject to its original copyright and shall be acquired for purpose. The client shall have the right to utilise the imagery in the designs provided, but shall not have the permission to utilise such images in other designs and collateral without express written agreement.
- Website code is proprietary and the entire property of House Marketing and House Marketing retain full copyright and ownership over any code created. At House Marketing’s sole discretion they may permit use of or duplication of the code for specific purposes or in case of termination of services.
- The client must contact House Marketing concerning details of an invoice within 7 days of the date of the invoice if the amount is in dispute.
- House Marketing have no liability to the client or any 3rd party for the loss including theft, destruction or damage to any materials provided by the client which are deposited with House Marketing for whatever reason and:
* Will be limited to the replacement cost of the actual material and;* Will not be liable for the cost of reprinting the material and;* Will not be liable for any loss or damage to the client or any 3rd party including loss of income and;* It is the client’s responsibility to insure against such loss and damage.
- House Marketing will not be liable for failing to complete any contract between themselves and the client due to circumstances beyond their control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.
11. WEBSITE USE AND ACCESS
- By accessing or using the House Marketing website or the materials therein (“Site”), the client will agree to comply with the following terms and conditions.
- Every user of the Site does so at their own risk. House Marketing make no representations or warranties of any kind with respect to the Site and the use thereof, including the security of any data or information transmitted to the Site. Neither House Marketing or any other party involved in the creation, production or delivery of this Site assume or accept any liability for any costs, losses, damages, etc. arising out of or in connection with the use and access to the Site, or with the failure of performance of the Site for any reason.
- Copyright and Trademark Notice – The Site and all of the materials therein are protected by the Copyright Laws of the United Kingdom, and may also be protected by the copyright laws of other countries. Any unauthorised use of the materials contained in the Site is strictly prohibited. All rights reserved. The Site may contain documents, images, software, information and other materials owned by others, such as design work, Illustration, photography, film clips and music. Any use of any these materials is strictly prohibited, unless prior written consent is obtained from the owner of the materials.
- Links to other websites – It is expressly understood that the websites to which links are provided in this Site are not under the control of House Marketing. House Marketing assume no responsibility with respect to the linked sites, or for any potential damage arising out of or in connection with the use of any such links. In addition, the existence of links between this Site and any other website is not and shall not be understood to be an endorsement by House Marketing by the owner or proprietor of such linked websites.
12. INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights of whatever nature in material designed by House Marketing will remain with us.
- House Marketing grant a non-exclusive royalty free license to the client to use the intellectual property for the purposes of this agreement throughout the world on receipt by us of payments due under this agreement.
- House Marketing and the client agree that we will keep secret and confidential the terms of the agreement and any information regarding either of us in connection with our businesses unless prior written consent has been provided. House Marketing reserve the right to be credited with or advertise with completed projects with the client’s prior consent.
- The client will not, during the period commencing with this agreement and terminating 12 months from delivery of the project, entice, solicit or engage any person who was an employee, consultant or otherwise engaged by us during this period.