Terms of Service Agreement
This document sets out the terms upon which we 'The Supplier’ shall undertake services and work for you 'The Client’. This includes your organisation’s or individual’s self (sole trader), employees, assignees, sub-licensees and successors in title. The term ’work’ means all material, including images, prints, designs, artworks, paintings, or any other type whether physical or electronic. These terms form the basis for future work where these terms are not specifically drawn to your attention. By using our services you agree that you have read and understood the current version of these terms of service available at www.cuecreative.co.uk
These terms of service may be reviewed and changed from time to time at the suppliers discretion. Significant changes to these terms will be notified in writing to the client.
Should a client disagree with any updates to the suppliers terms of service, it is the client's responsibility to notify the supplier of their desire to terminate services immediately. No refund will be issued for any service in place at such time if the client chooses to terminate their agreement. In the event of a breach of this agreement, or failure to comply with the terms of this agreement, the supplier will have the sole right to suspend or terminate any service immediately.
Copyright and Content
Clients shall be solely responsible for obtaining permission of use for all content supplied or purchased on their behalf, including but not limited to third party copyright works; trademarks, designs or other intellectual property. The client will indemnify the supplier against all expenses, damages, claims and legal costs relating to the above. Clients warrant that such content will conform to the suppliers terms of service and will not infringe or contain any content that infringes or violates any copyright or other protected works. In regard to web hosting, the supplier reserves the right at its sole discretion, to block or remove any site hosted on its servers that violates this agreement, or which is deemed unacceptable, undesirable, objectionable, offensive, infringes a third parties copyright, or otherwise violates a law.
Licence to Use
License to use and ownership of work created by the supplier for the client, is effective once full payment of all relevant invoices has been received. No use of work may be made before this time without prior agreement from the supplier in writing. Prior use agreement will be revoked if full payment is not received by the invoice due date, or if the client is put into receivership or liquidation.
The supplier reserves the right to use all material created for the client in its advertising and promotion for the purpose of furthering its business. If the work is of sensitive nature, the clients wishes should be made know to the supplier in writing and will be respected.
Instructions to the supplier for goods and services should be in written form and are believed to be genuine (whether written or verbal). Instruction should be supplied with a purchase order stating the agreed budget for the work related. The supplier cannot be held responsible for misunderstandings where instructions supplied by the client are verbal only. The supplier will not be liable for misdirection, interception, corruption or failure of any communication sent electronically. Any alterations to the initial instructions will be scheduled and budgeted separately.
The suppliers verbal or written estimates are approximate and not binding upon the supplier. Estimates are subject to the supplier receiving sight of all original material and related documents and information. Estimates are not an exact ’quote’ and will need adjustment or replacement if the client supplies new information or extra work is required. Estimates do not include couriers, transport, postage and packing or any other miscellaneous expenses.
Under normal circumstances the supplier will endeavour to produce work in a timely manner. If work is urgently required at times when the supplier has a full schedule (or over a weekend), the supplier reserves the right to apply a rush charge on the urgent requirement.
Cancellation or Postponement
A booking is considered firm from the date of commission, be it verbal or written. The supplier will at their discretion, charge a fee for cancellation or excessive postponement.
Media files for print are held by the supplier as a free service for a limited period once the initial work has been supplied. Hosted files are backed-up according to the paid hosting and backup plan a client has purchased. The supplier does not guaranteed backup and retrieval of any data outside of these arrangements.
The supplier does not and cannot control the flow of information to or from the network and other portions of the Internet. Such flow depends on the performance provided or controlled by third parties. The supplier disclaims any and all liability resulting from or related to such events.
The supplier does not guarantee 100% service uptime on Its web servers. Web servers occasionally need to be taken off-line for short periods of time for system maintenance and bug fixes. This work is quite infrequent and is usually done at off-peak times. Services interruption issues relating solely to the supplier hosting will be dealt with as an urgent priority. The suppliers aim is to restore such services, as soon as is reasonably possible.
Web Server Storage and Traffic
The suppliers web server storage space is specifically for the use of client's website hosting and related files. It is not intended and should not be used for other file storage or transfer. Space allocated on the suppliers web server relates to the hosting package purchased by the client. The supplier shall monitor the allocated space and will advise the client that an upgrade to the package is necessary if extra storage is required. The supplier does not allow content that would be deemed as offensive or upsetting on its web servers.
The supplier will recommend the best hosting package for a clients needs. This will include a given amount of traffic to and from the web server. Generally the package will amply cover a clients needs. In the event that there is undue server traffic, the client will be informed and will be charged an additional fee for this usage.
Subject to a written request from the client, the supplier will provide email routing from a clients domain through a third party email host (i.e. google). The supplier will not be held responsible for any loss of data or system downtime howsoever caused if it is outside of the suppliers control. If requested by the client the supplier will provide a limited email hosting service as a temporary measure whilst a third party email host is prepared.
Technical Training Support
The supplier does not provide free ongoing training or technical support. Training and technical support should be costed and agreed separately.
New clients are required to pay 50% of our estimate before work commences, with the balance payable before completion of that work. Existing clients will be given credit facilities (Subject to approval). Credit terms are indicated on the suppliers invoices. Payments for goods and services from the supplier should be paid in full by the due date as invoiced. Credit is supplied in good faith and the client is asked to honour the credit terms. On large projects, the supplier may require payment on account to cover costs, and may request additional payments as the project proceeds.
The client is liable to reimburse the supplier for payments made on the client's behalf for goods and services purchased from third parties. The supplier reserves the right to charge a handling fee on goods and services.
If an invoice remains unpaid after the stated credit term the supplier has the right to charge interest until the invoice is paid and withhold further services. In addition the supplier will remove any agreed discount pertaining to the relevant invoice and will issue a replacement invoice without discount. The supplier will at their discretion delete a clients account and all related files if payment is withheld for a period of more than 60 consecutive days.
The client shall not be entitled to withhold payment by reason of any right of set-off, claim, cash flow difficulties or dispute with the supplier. If payments are withheld the supplier will suspend credit facilities and stop supplying further goods and services.
Rejection or Dispute
The client is responsible for inspecting all finished goods and services upon delivery. The supplier presumes the client accepts these goods and services unless the supplier is notified in writing within 48 hours of delivery.
The supplier cannot be held responsible for the quality and consistency of goods and services requested by the client if produced in less time than is recommended by the supplier.
The client holds no right to reject work on the basis of style or composition if:
1. Written instructions were not supplied by the client.
2. The work was created without a visual guide.
3. Style and composition was left completely to the suppliers interpretation.
4. Work was not formally approved by the client prior to delivery.
Third Party Goods & Services
The supplier undertakes to purchase and handle third party goods and services on behalf of the client as part of its service to the client. Whilst every care is taken, the supplier will not be held responsible for the quality of or damage to third party goods and services outside of the suppliers control.
The supplier will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by the client or any third party arising in connection with the suppliers terms of service. The supplier does not provide refunds or compensation for cancellation of services, network or service interruptions, or lost or incomplete data due to backup malfunction or system failures.