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FoPM Ltd Terms

This document is to be viewed by all involved parties as a binding and insoluble contract in agreement to the terms stated below. By signing the project agreement presented to you by the sales representative, you authorise FoPM Ltd and its associated companies to proceed with the creation of the product as discussed with the sales representative and confirmed on the order form. Office Hours FoPM Ltd office hours are 8.30am – 5.30pm, Monday to Friday. Contacting FoPM Ltd In order to deal more effectively with your queries, we ask that you put any questions to us in writing. This system allows us to distribute questions to the appropriate departments, and thereby respond to you, more efficiently. Email: creative@fopm.co.uk Provision of Materials You agree to provide us with the specific copy, images and information we require in order to create your product, or to advise us as to where we can locate such materials. We accept no responsibility for your site not being put live/product being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you. If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final product, as these may arise through our lack of specialist knowledge regarding the content of your product. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged to you at our standard rate. We accept no responsibility for the delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials. This does not apply if the additional cost could have been avoided but for unreasonable delay on the part of FoPM Ltd in ascertaining the unsuitability of the materials with which you provide us. Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified. Print Print Proof Agreement If the sales representative has provided you with a proof, your signing this agreement confirms that you agree to the design and contents of the printed document as depicted on the proof. By signing this agreement, you absolve FoPM Ltd of all liability for any errors, omissions or discrepancies which may be present on the proof. Once you have signed this agreement and proof if supplied, you are not able to make any changes to the final product, nor are you able to hold FoPM Ltd responsible for anything you are unhappy with. This contract revokes your right to take any kind of action against FoPM Ltd for any aspect of the work with which you are later dissatisfied. Signing this contract means that, as long as the finished product is as discussed with the sales representative and consistent with the proof if supplied, you must pay in full for the work. This fact applies whether or not you later take issue with any aspect of the product. These terms are final and non-negotiable. This is your final opportunity to make changes to the content. FoPM Ltd works closely with its preferred print suppliers to provide the best quality work at the most cost-effective price for its clients. Should you decide not to allow FoPM Ltd to control your print run, and decide to manage the print yourself, you will be asked to sign an agreement form excusing FoPM Ltd of any problems that may arise at the printing stage. Failure to comply with this agreement will result in FoPM Ltd retaining the artwork until the form is signed. Thank you. Making Changes After Proof Stage (Print Only) If a change is requested, we will do everything we can to make the correction before the printing starts, but we cannot guarantee this. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability (see “Proof Agreement” above). Once the proof is signed off or agreed, whether verbally or via email, we incur a film / plate(s) charge and this is passed on to you as part of the total charge (see “Price Breakdown”). Any changes made after a proof is signed off will result in a further film / plate(s) charge. Print Quality (Print Only) Every effort will be made to obtain the best possible colour reproduction on customer’s work but because of the nature of the processes involved, FoPM Ltd cannot guarantee an exact match in colour or texture between any materials with which you supply us, and the printed article. FoPM Ltd cannot be held responsible for print quality or colour matches for a printing process if the client chooses to Print Manage their own project. Quantity Supplied (Print Only) Every effort is made to produce the exact quantity of items ordered. However, some variation is inherent in the print process and so you accept that minor variations in quantity are possible. These do not affect the price charged. Claims (Print Only) Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to FoPM Ltd within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to FoPM Ltd and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to FoPM Ltd within 28 days of delivery. FoPM Ltd shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible. Standing Material (Print Only) All materials (including but not limited to film, plates, negatives and positives) produced and used by FoPM Ltd during the production process remain the property of FoPM Ltd. Where these materials are provided by the client, they remain the property of the client. Hidden creative reserves the right to dispose of lithographic work immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged for the safe-keeping of the materials. Websites Website Updates & Site Maintenance These are charged at £35.00 per hour. If you want to introduce new material in the form of extra pages, additional functions, or more information than is already available on your site, this must be paid for as a new job. Systems Any systems, including eCommerce and Content Management System, provided to the client remain the intellectual property of FoPM Ltd. and as such no access is given to the source code or database. Systems cannot be transferred away from our provided hosting solution. E-commerce/CMS E-commerce/CMS systems will be provided as an empty shop/site, and training will be given to the client(s) on using the system. A delay in the client populating the e-shop/site will not be accepted as a reason for delayed payment as, once it is ready to be populated and training has been given, FoPM Ltd job is done. FoPM Ltd offers a service to populate the client’s shop site/CMS on their behalf, and prices are available on request for this service. This does not include any photography, and where clients feel unable to create their own imagery of products, a photographer must be sought. FoPM Ltd are happy to recommend independent photographers where necessary, but the contract will be between the client and said photographer. Additional training and support packages are available, and again the prices for these services are available on request. Bespoke Systems In the case of a bespoke solution (website), upon settlement of all outstanding monies due to FoPM Ltd for the development / design of such solution, full copyright and title will pass to the client. Warranty FoPM Ltd guarantees all of its websites / bespoke software solutions provided to clients in so far as any faults or bugs will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time. Any software provided by FoPM Ltd proving to be faulty or defective will be repaired / replaced free of charge to the working standard equivalent to launch. Website Proofs Once a client has agreed a look and feel proof and instructed FoPM Ltd to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate. Exceptions (Web) We accept that certain details regarding your business, such as telephone numbers and email addresses, sometimes change, and that the details placed in a proof are liable to change. To this end we will amend smaller details such as these as part of our construction package. This policy applies throughout your contract with FoPM Ltd: if a minor detail needs to be amended, we are more than happy to do so, free of charge. Larger changes, such as the creation of a new page or introduction of a new feature on your site, or the sourcing / changing of images are not covered by this policy and must be paid for. General Copyright Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to FoPM Ltd. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnify FoPM Ltd from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing. Quotes All quotes for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote. Unreasonable Demands FoPM Ltd reserves the right to cancel its involvement in any project where it feels that unreasonable demands are being made by the client ie: demanding extras to be added to a website that were not part of the initial agreement or blatant time wasting. Illegal Matter FoPM Ltd reserves the right not to print any matter deemed illegal, libelous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libelous matter or any infringement of copyright, patent, design or of 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. Consequential Loss FoPM Ltd accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused. Financial Loss FoPM Ltd accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by FoPM Ltd. Force Majeure FoPM Ltd accept no responsibility if we are 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 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 you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available. Liability FoPM Ltd shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond FoPM Ltd control. Payment Terms All payment must be made within 30 days of completion of work. Failure to comply may result in loss of service. If a website is not paid for within the agreed terms FoPM Ltd reserves the right to terminate the service. This will result in the website being suspended and all email related to said website also being suspended. In this event there will be an extra charge of £200.00 for re-activation. Deposits All deposit payments are non-refundable. Price Breakdown The invoice we send you can be itemised, showing the cost of the design and research process, as well as the production itself. Supplying us with suitable material will, therefore, reduce the time spent on design and, thereby, the final charge. VAT is charged at the current Customs & Excise rates and according to current regulations, irrespective of whether or not it is included in a price quotation. Jobs Put On Hold or Cancelled by the Client Jobs put on hold or cancelled by the client during production will be invoiced at current stage and materials. This invoice must be paid in full together with any VAT that falls due accordingly. Credit Terms For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 2% above the HSBC base rate at the time and an administration fee to cover the debt recovery costs. Intellectual Property FoPM Ltd retains the copyright on any works carried out for its clients until the invoice for said works are settled. FoPM Ltd will grant license for any works to be used but should a piece of design work be published without payment or without the permission of FoPM Ltd, then FoPM Ltd will seek to take legal action. In signing an order form for any work undertaken you agree to our terms and conditions. No original artwork will be given away under any circumstances. Should original artwork be required a fee of £45.00 will be charged for the artwork to be written to CD to cover time and postage. Insolvency Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their 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 it, FoPM Ltd, without prejudice to other remedies, shall (i) 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 it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts. Data Protection FoPM Ltd agrees keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act.
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