These Conditions of Business are in force as from 2004. No variation of these conditions of business is permitted unless expressly accepted by a Director of 'Invisible Ink Limited' in writing. If you do not wish to accept these terms, you should contact us before entering into any contract. In these Conditions of Business, the following words shall have the following meanings:
'the Client', shall mean any individual, firm or company, to whom Invisible Ink Limited supplies services. 'the Company' shall mean Directors trading as 'Invisible Ink Limited'.
Proposals, quotations and estimates
The Company will be contracted by the Client on the terms set out in our proposal/estimate. Customarily, a written proposal is submitted for approval before any design work is carried out, although in circumstances where the Client engages the design services of the Company without any such proposal being submitted, these conditions of business will apply and will be in force regardless.
On appointment of the Company, a detailed project schedule will be agreed with the Client in advance. Failure by the Client to provide necessary information by agreed dates could result in additional work, and therefore extra charges. Where the Client asks the Company to undertake further work outside the scope of the proposal/estimate, the Company will provide written estimates for prior approval.
Client alterations include all work performed in addition to the original specifications. All such work may be billable. Any additional work outside the specifications of the proposals will be charged at the current rate. Verbal orders, changes or agreements are at the Client's. All orders be in writing and approved.
Quotations and estimates are based on the accuracy of the specifications provided by the Client. The Company can requote a job at time of submission if copy, film, tapes, disks, or other input materials do not conform to the information on which the original quotation/estimate was based.
Quotations and estimates exclude VAT, unless otherwise advised, and disbursements including travel, overnight accommodation, couriers, faxes, calls, e-mail, pdf and ISDN transmissions sundries. But wherever possible, prior approval must be obtained from the client.
All quotations and estimates are valid for a period of 30 days, but the client will be advised in advance. A quotation or estimate not accepted within this time may be changed.
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Colour proofing
Colour proofs are usually supplied in the form of a pdf. Where a printed colour proof is used to simulate how the printed piece will look, due to differences in equipment, paper, inks, and other conditions between colour proofing and production operations, an unavoidable variation in colour between colour proofs and the completed job is to be expected. When variation of this kind occurs, it will be considered acceptable performance and the proof becomes a contract between the Client and the Company.
Experimental work
Experimental or preliminary work performed at the Client's request may be billable. This work cannot be used without the Company's written consent.
Preparatory materials
Artwork, type, plates, negatives, positives, tapes, disks, and all other items supplied by the Company remain the Company's exclusive property.
Copyright
Copyright on all artwork, design, illustrations, photography, copy, reports and documents produced in the course of the project will remain the property of the Company. The Client warrants that the subject matter to be printed is not copyrighted by a third party. The Client also recognises that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The Client further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the Client agrees to indemnify and hold the Company harmless from all liabilities, damages, costs and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided.
Disclaimer of express warranties
The Company warrants that the work is as described in the proposal. The Client understands that all sketches, copy, dummies, and preparatory work shown to the Client are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed.
Insurance
The Company will only maintain fire and comprehensive coverage on property belonging to the Client while the property is in the Company's possession. The Company's liability for this property will not exceed the amount recoverable from the insurance Company. Additional insurance coverage may be obtained if it is requested in writing, and if the premium is paid by the Client to the Company.
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