Acceptance of Order
- a) Unzipped Design contracts for the supply of goods and/or services only subject to these terms and conditions and all terms and conditions in the customer’s order or inquiries inconsistent therewith shall be of no effect.
- b) The terms and conditions herein shall constitute the entire agreement between Unzipped Design and any modification to these conditions will be binding only if it is evidenced in writing signed and such evidence contains specific reference to those conditions being modified.
- c) Acceptance of the customer’s order takes place when an order confirmation – email/written is dispatched to the customer, or preliminary work is undertaken on the customers instructions.
- d) We reserve the right to decline any order without giving any reason.
All work carried out, whether experimentally or otherwise, at customer’s request shall be charged.
Supply of Design Content
A charge may be made to cover any additional work involved where the design content supplied or specified is not clear, legible, or in the prescribed format/specification to produce satisfactory results.
Where design content is so supplied or specified, responsibility will not be accepted for imperfect work caused by defects in the supply, format or specification.
Where we are aware defects in the content are so severe and cannot be remedied we will halt further processing awaiting your instructions. The work to this point will be chargeable.
Proofs of all work will be submitted for customer’s approval in either a physical or electronic form, and we shall incur no liability for any errors not corrected and communicated by the customer in proofs so submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged extra.
The designer shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final product.
It is agreed that the designer is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public.
Full Color Reproduction
Every effort will be made to obtain the best possible color reproduction on customer’s work but because of the nature of the processes involved, we shall not be required to guarantee an exact match in color or texture between the customer’s photograph or transparency, monitor display – local or over the Internet, color proof and the printed article.
Unless otherwise specifically requested in writing all website designs will carry our company imprint which will be positioned at our discretion.
Until full payment has been made, Unzipped Design retains ownership of all original artwork or parts contained therein, whether preliminary or final.
Upon full payment, the client shall obtain ownership of the final artwork to use and distribute as they see fit. Terms of payment are seven days from the date of invoice. On orders over $250, a deposit of 30% will be required in advance to secure the order. Unless other payment arrangements have been made between client contract agreements signed by both Unzipped Design and Client.
- a) Delivery of work shall be accepted on notification that the work has been completed the payment shall become due. Ownership and copyright will be transferred to the client on receipt of payment and the final artwork files will be supplied on CD Rom or by Download.
- b) Should work be suspended at the request of, or delayed through any default of the customer for a period of 14 days we shall then be entitled to payment for work already carried out, materials specially ordered and any other additional costs including storage?
- c) Tax will be charged, if applicable, at the rate ruling on the date of supply whether or not included on the quote, order, and invoice.
- d) Payment for accepted orders must be in the currency agreed on the order confirmation or other written communication sent to the customer from ourselves detailing the order – written/email. Without this written notification, US Dollars must be assumed.
- e) For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt.
Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and Illustrations belongs to Unzipped Design, except where the whole printed product design is uploaded, transferred to us by the customer or designed by the customer – without reference to any stock images, fonts or clip art items.
The customer shall be responsible for all the design data they supply. He/she should obtain the necessary authority to reproduce picture, artwork, photographs, logos etc. The customer will indemnify us and our agents from any claim arising thereof. Website content (excepting previous), design, software are copyright Unzipped Design until otherwise indicated.
Copyright of the final artwork by Unzipped Design is only transferred to the client on the receipt of payment in full.
Limitation of Liability
- a) The sole liability of Unzipped Design in respect of any defect in, or failure of any goods or services supplied or for any shortage in the quantity of goods delivered or for any loss, injury attributable directly or indirectly thereto (other than in respect of death or personal injury) is limited to i) making good by replacement or ii) repairing defects or failures which under proper use appear therein.
- b) Without prejudice to the foregoing, Unzipped Design shall in no circumstances be liable – i) for any indirect or consequential loss (including without limitation loss of production, loss of profit or liability to third parties) suffered or incurred by the customer. ii) for any loss or damage in excess of the contract price for the goods or part thereof in respect of which a claim is made. We shall not be liable for any loss to the customer arising from any delay of their goods or services
- a) Except in the case of a customer who is not contracting in the course of a business or holding himself out as doing so, customer’s property and all property supplied to us by or on behalf of the customer shall while it is in our possession or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should arrange insurance accordingly.
- b) We shall be entitled to make a reasonable charge for the storage of any customer’s property left with us before receipt of the order or after notification to the customer of completion of the work.
Materials/Data Supplied by the Customer
- a) We may reject any paper, plates, data, media or other materials supplied or specified by the customer which appear to us to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged.
- b) Responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
- c) The Client will be held liable for any artwork, photos, media or other materials supplied to Unzipped Design by Client if copyright is breached.
- a) We shall not be required to print or design any matter which in our opinion is or may be of an illegal or libelous nature or any infringement of the proprietary or other rights of any third party.
- b) We shall be indemnified by the customer in respect of any claims costs and expenses arising out of any libelous matter or any infringement of copyright, patent, design of or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, we without prejudice to other remedies shall have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to us.
Unzipped Design disclaims to the maximum extent permitted by law all representations, warranties (express or implied) regarding products, services, quantities, pricing, graphics, software, information, published on our web site or in any other form or location. Data is constantly updated and therefore is not necessarily accurate, current or complete. Provision of the products, services, software, and information is on an “as is” basis.
We shall be under no liability if we shall be unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power of 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. During the continuance of such a contingency the customer may by written notice to us elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.