Terms and Conditions
All orders placed with Singlamarket Business Services shall be bound by these conditions unless otherwise agreed in writing. These terms and conditions are in conjunction with all formal signed contracts between Singlamarket Business Services (us) and the Client (you). Please note we reserve the right to vary these terms and conditions at any time.
1. ORDER
a. Quotations are only valid for 30 days after the initial quote date.
b. An order must be accompanied by sufficient information to enable us to proceed forthwith; otherwise, we are at liberty to amend quoted prices to cover any increase in cost/work resultant from lack of information, amendments or additions (including extras) and time for delivery/installation may have to be extended
c. Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today’s current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation of the accepted contract, we shall be entitled to charge such increases to you.
d. Placement of an order in any format constitutes your acceptance of these terms and conditions, notwithstanding that, no contract shall exist between us until the order is accepted in writing by us.
e. Illegal Matter – Singlamarket Business Services reserves the right not to produce, publish or print any matter which in our opinion is or may be of an illegal immoral or libellous nature or an infringement of the proprietary or other rights of any third party.
f. Once you have placed your print order, due to the automated factory process, you will not be able to make changes to the artwork you have supplied, you will become liable to charges if you need to amend or supply new artwork.
2. DRAWINGS & DESIGN
a. All artwork, designs, drawings, proofs and particulars submitted by us are, as to colour, approximate only, and all descriptions and illustrations contained in our brochures and other advertising matter are illustrative only and shall not form part of the contract between us.
b. Further, any written or oral representations made to you prior to the contract are hereby excluded from forming part of the contract, unless expressly incorporated therein.
3. ARTWORK/ PRELIMINARY WORK
a. All artwork, proofs, etc. which are submitted by us upon placement of your order are chargeable from the first proof whether the final artwork or design is accepted or not.
b. When style or layout is left to our Judgement or discretion; changes later made by you shall be charged as an extra cost.
c. We charge £180.00 for our logo design service for the first 3 proofs. We then charge our hourly rate of £50.00 an hour for any change thereafter.
d. You may not reproduce or otherwise use design mock-ups, proofs, drafts, sketches etc. created by us during work on the project but not included in the final version of the project. Such artwork belongs solely to Singlamarket Business Services and we reserve the right to use it at our own discretion.
4. CHANGES OF SPECIFICATION
a. We reserve the right at any time to amend specifications, artwork or designs and to substitute equivalent goods or materials or better without liability to the client for any loss or expense which they may sustain as a consequence. In such event, we will notify the client who will then be entitled to cancel the contract on payment to us of the amount of loss or expense which we may incur as a result, and upon an indemnity basis.
5. COMPLETION OF WORK
a. We will make every effort to finish work on such date as may be agreed but will accept no liability for failure to do so unless specifically agreed in writing.
b. If you fail to cooperate with us (here meaning that we do not hear from you for a period of 28 days from the last contact), or you alter, unilaterally, arrangements made, then you will be liable to pay us a sum equating, on an indemnity basis, to all losses and expenses flowing from such failure/delay, including, but not limited to, labour costs, storage costs and costs and (so far as applicable) fees associated with re-arranging work.
6. PROOFING OF DESIGN WORK
a. We will check the work produced for the client as closely as possible, but cannot hold any responsibility for spelling errors, visual errors, inconsistencies or missing information. It is the client’s responsibility to do the final check on the artwork(s) before being printed or published, to ensure that the design and all grammar and spelling are correct. A refund or re-print cannot be issued for these errors.
7. COPYRIGHTED ASSETS
a. Any image(s) supplied by the client is down to their own responsibility to know if they free license to be used in their own artwork.
b. Furthermore, we will try our best to source only free licensed text and images, but cannot be held accountable for any fine or charges that may arise from assets used in any final artwork.
8. TERMS OF PAYMENT
Prompt payment is the essence of the contract.
a. All invoices issued by Singlamarket Business Services are due on the issue date unless otherwise agreed.
b. Some orders become subject to VAT, dependent on the contents of the artwork or the nature of the work requested. If you place an order and such a payment applies, VAT will be added to your order. You will be contacted to pay the VAT before delivery will be undertaken.
c. Upon successful completion of all compensation terms and outstanding balances owed to us, the client is granted full and unlimited reproduction rights to the project.
d. Payment in respect of Design or Consultancy services supplied by us, unless otherwise agreed, shall be upon the basis of 50% of the price being payable on the placement of your order, and the balance immediately following completion of the works or 1 month after commencement, whichever happens first; and you shall have no right to make deductions therefrom, whether by way of set-off or otherwise.
e. Payment in respect of Print services supplied by us, unless otherwise agreed, shall be upon the basis of 100% of the price being payable on the placement of your order; and you shall have no right to make deductions therefrom, whether by way of set-off or otherwise.
f. Payment in respect of Hosting services supplied by us, unless agreed differently, shall be upon the basis of 100% of the price being payable on the issuance of an invoice; and you shall have no right to make deductions therefrom, whether by way of set-off or otherwise. Please note: Your Hosting account may be terminated without notice in the event that invoices fall into arrears. This will affect email communications and any other online services provided by Singlamarket Business Services.
e. We reserve the right to charge you for any legal or collection charges where it is necessary to obtain payment from you for an overdue account through a third party or Court proceedings.
f. All payments and invoices shall become due immediately upon the commencement of any act or proceeding in which the Client’s solvency is involved.
9. DELIVERY OF PRINT ORDERS
a. Our intention is for all physical goods to be supplied within the quoted timeframe; however, Singlamarket Business Services shall not be liable for any loss, damage or expense relating to any print order (whether direct, indirect or consequential) to the customer arising from;
- Delay in transit not caused directly by us or the print factory,
- Any other cause beyond reasonable control.
- So far as the law permits, our liability for any damage, loss or expense howsoever arising, and not otherwise excluded by these terms and conditions, shall be confined to an amount no greater than the contract price agreed between us, excluding the cost of materials.
b. Short or excess shipments of up to 10% of the quantity ordered are to be accepted. We have the right to choose between the repair or replacement of faulty goods which we have delivered, and for which we have assumed liability. Should repair fail, you will be offered a reduced purchase price.
c. Paper stock, GSM and colour Reproduction. Due to the nature of paper suppliers and the print factory printing techniques, the weight of the paper and colours can vary from time to time. Singlamarket Business Services therefore cannot be liable for any issues arising to paper weight and stock or colour reproduction.
d. If the client fails to accept delivery of any goods when delivered or in the event of any goods being delayed at your request or in the event of the client failing to make any payment for goods when it is due, then the client shall be liable to for all additional cost incurred in relation to such goods.
e. If the goods are appropriated to the client but kept at the Singlamarket Business Services’ premises at your request, we shall have no responsibility with respect to the safety of the goods thereafter and accordingly, you should insure the goods against such risk (if any) as it thinks appropriate.
f. Where delivery is to be made by instalments each instalment shall be treated as a separate contract. Any delay, default or non-delivery in respect of any instalment by Singlamarket Business Services shall not entitle the client to cancel the remainder of the agreement.
g. Advice of damaged, delayed or partial loss of goods in transit or of non-delivery must be notified to Singlamarket Business Services within three clear days of delivery (or in the case of non-delivery, within 7 days of despatch of the goods) and any claim in respect thereof must be made in writing to Singlamarket within 7 days of the delivery.
10. WAIVER
Any waiver or allowance made by us shall be limited strictly to the matter and occasion on which waiver or allowance is made. It shall not otherwise be taken to limit in any way our ability to rely upon and enforce these terms and conditions.
11. CANCELLATIONS AND REFUNDS
a. Cancellation by the client for reasons other than as referred to in condition 3a above shall be permissible only with our written consent and shall be subject to a minimum cancellation charge of 10% of the agreed price or such sum, upon an indemnity basis, as shall be sufficient to cover our losses and expenses, including loss of profit, if greater.
b. Refunds are at the complete discretion of Singlamarket Business Services.
12. INTEREST
Any sum(s) payable to us (which shall include such legal costs and expenses [upon an indemnity basis] as we may incur by reason of your default) in accordance with these terms and conditions if unpaid within 14 days of becoming due and payable shall attract interest (to be compounded/accumulated with the sum(s) payable) at the rate of 1.5% per month (both before and after judgment), payable by the client in addition.
13. USE OF WEBSITE singlamarket.co.uk
The copyright in all material contained on, in, or available through the website including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material is owned by or licensed to Singlamarket Business Services. As such you cannot copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the material without our express permission.
14. LIABILITY
a. Our liability in respect of goods supplied shall be confined to the terms of such guarantee as may be provided with the client, which, so far as the law permits, shall be in place of any other conditions or warranties, whether imposed by statute or implied by common law, trade custom, course of dealing or otherwise.
b. We accept no responsibility for any drawing, design, artwork or specification not prepared by us, and submission of our quote/tender does not constitute any warranty, guarantee, representation or opinion as to the practicability of use, or of the efficacy, safety or otherwise of materials to be supplied or work to be done by us in accordance therewith, and the cost of any additional work caused by any defects in any such drawings, designs, artwork or specifications shall be chargeable in addition. We shall not be liable for any consequential or resultant loss or damage howsoever arising.
15. DISPUTES
These terms and conditions shall in all respects be construed and operate in conformity with English Law. Any disputes arising from this Contract will be litigated or arbitrated in England.
a. In the event of any dispute between us we each agree that the disputed matter(s) shall be referred to a senior lawyer for determination, who shall act as an expert and who shall be appointed, in the absence of agreement, upon the application of either party, by the President of the Law Society of England and Wales, or his / her deputy, and whose decision shall be final and binding upon us, save in the event of manifest error. Any such expert so appointed who shall die or otherwise be unwilling or unable to fulfil his / her appointment shall be replaced by another appointed by the same method.
b. Any term or condition found to be invalid in law or otherwise unenforceable shall be severed herefrom without affecting the validity of the remainder, and replaced by such similar, but valid or enforceable term or condition, as shall most nearly reflect the spirit thereof.
16. REGISTRATION
Company Address: Singlamarket Business Services, S04 Terriers House, Amersham Road, High Wycombe, Bucks. HP13 5AJ.
VAT Number: 940 1746 37.