Quotations

Written quotations are valid for 60 days from the date they are sent to the inquirer.

Quotations may include ‘reasonable authors’ corrections’. The individual quote will describe what is considered reasonable, but is usually limited to one round of corrections or design revisions. If not covered under the individual quote, out-of-scope work and multiple revisions will be charged extra at our prevailing hourly rate.

Payment Terms

New clients trading with Clear & Creative Communications Ltd are required to pay 50% of the agreed price on commencement of work. The remaining 50% becomes due at completion of the work prior to upload to the server or release of materials.

Account terms for subsequent orders are then extended to 14 days from delivery.

Web Hosting Terms

Web hosting by Clear & Creative Communications is a condition of some promotional offers.

The first year’s hosting is included in the initial web design fee. Clear & Creative Communications Ltd will invoice you annually at agreed rates for continuous hosting of your website.

Where we host your website we will install a back up facility.  However, back-up files of your website will not be held in Clear & Creative Communications space, but are your responsibility.  We recommend the use of a ‘cloud’ provider and will assist you with this.

We do not accept responsibility for website back ups for websites not hosted by Clear & Creative Communications.

Clear & Creative Communications Ltd offers hosting services through an out-sourced server. Clear & Creative Communications Ltd does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.

Clear & Creative Communications Ltd cannot guarantee the availability of any domain name, but if we have registered domains on your behalf we will let you know when renewal becomes due. Some promotional offers include the registration of 1 domain name as part of the bundle.

If we have not registered your domain renewal is your responsibility and we accept no responsibility for lapsed domains.

Tax

Clear & Creative Communications Ltd will charge VAT on printed products at 20% but not on printed material that is zero rated.

Clear & Creative Communications Ltd are guided by HMRC Reference: Notice 701/10 (December 2011) for printed material.

Credit terms and Payment

Payment is considered late after 30 days of the date of our invoice (the default period). We are entitled to claim contractual interest under the Late Payment of Commercial Debts (Interest) Act 1998. This is the prevailing Bank of England base rate, plus 12 per cent.  We are also entitled to charge a fixed sum to compensate our costs of collecting the debt under the Late Payment of Commercial Debts Regulations 2002.

• £40 for a debt less than £1,000;

• £70 for a debt of £1,000 or more but less than £10,000;

• £100 for a debt of £10,000 or more.

Final (Pre-Press) Proofs

Final PDF proofs are supplied for all jobs to be printed. Clear & Creative Communications Ltd will not proceed to print without written client sign off of a PDF proof. The Final Proof is supplied to the client to thoroughly check artwork for print regarding but not exclusive to layout, content and specific print specifications. While we endeavour to help clients to complete this process thoroughly, Clear & Creative Communications Ltd shall incur no liability for any visible errors not corrected by the customer in signed PDF proofs returned, irrespective of which party was responsible for introducing the errors.

Additional charges shall be made for any new changes other than error correction that are required at the final proof stage.We will always notify and advise the client of the charges should this situation arise.

Additional charges shall be made for any new and additional amendments that are required by the customer once a PDF proof has been signed off, but prior to the job going to print. We will always notify and advise the client of the charges should this situation arise.

Printed Proofs 

Printed proofs are supplied at the customer’s request and are subject to Clear & Creative Communications Ltd standard pricing.

A printed proof is supplied to check that colours are correct, where colour is crucial and will guide the printer. Clear & Creative Communications Ltd shall incur no liability for any errors not corrected by the customer in printed proofs supplied and signed off, irrespective of which party was responsible for introducing the errors.

Clear & Creative Communications Ltd shall incur no liability for any unexpected results in colour, where colour is crucial, should a printed proof not be ordered or not signed off.

Additional charges shall be made for subsequent printed proofs that are required as a result of alterations required by the client.

Sign-Off

Sign-off of final proofs for print is required before Clear & Creative Communications Ltd can proceed to print.

Delivery

Despatch date will be calculated from the first full working day following the date of sign-off for print. Working Days are defined as days on which the clearing banks in the City of London are open for normal business.

Copyright

By supplying text, images and other data to Clear & Creative Communications 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 Clear & Creative Communications Ltd on behalf of the customer, will remain the property of Clear & Creative Communications Ltd and/or its suppliers.

The customer may request in writing from Clear & Creative Communications Ltd the necessary permission to use materials (for which Clear & Creative Communications Ltd holds the copyright) in forms other than for which it was originally supplied, and Clear & Creative Communications Ltd may, at its 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. Permission will not be unreasonably withheld.

By supplying images, text, or any other data to Clear & Creative Communications Ltd the customer grants Clear & Creative Communications Ltd permission to use this material freely in the pursuit of the design.

Should Clear & Creative Communications 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 Clear & Creative Communications Ltd to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold Clear & Creative Communications 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.

Any artwork, images and designs shown to the Client for approval, and then not subsequently taken up, remain the intellectual property of Clear & Creative Communications Ltd.

We will seek compensation through the courts if the images are then found to be used commercially or to seek fundraising, as the law sees this as a form of theft.

Trademarks 

When Clear & Creative Communications Ltd design a brand identity, in some cases we may recommend that the client registers the logo device and the name as a Trademark with the Intellectual Property Office. However Clear & Creative Communications Ltd  are not responsible for the outcome and recommend that the Client pursues legal advice.

Whether the client chooses this option or not, in almost all cases Clear & Creative Communications Ltd will transfer its intellectual property ownership of any created trademarks to the client.   

Rights of Refusal

Clear & Creative Communications Ltd will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All promotional material must conform to prevailing standards laid down by relevant advertising standards authorities.

Design Credits

The customer agrees to allow Clear & Creative Communications Ltd to place a discrete credit on printed material exhibition displays, advertisements and/or a discrete link to Clear & Creative Communications Ltd own website on the customer’s website.

The customer also agrees to allow Clear & Creative Communications Ltd  to include work carried out for the client, along with a link to the client’s site on Clear & Creative Communications Ltd own website, in order to demonstrate their  portfolios for marketing purposes, unless otherwise negotiated.

Liability

Clear & Creative Communications Ltd shall not be liable for any loss arising from delay in transit not caused by Clear & Creative Communications Ltd. Further, Clear & Creative Communications Ltd shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of Clear & Creative Communications Ltd in respect of any and all causes of action arising out of or in connection with the customer’s order and Clear & Creative Communications Ltd performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall be limited to the sums paid to Clear & Creative Communications Ltd by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.

Force Majeure

Clear & Creative Communications Ltd shall be under no liability if it shall be unable to perform any obligation which is owed by it to the customer for any reason beyond 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.