TERMS & CONDITIONS

1.1 All work is carried out by Den Design on the understanding that the client has agreed to Den Design‘s terms and conditions. 1.2 These terms and conditions (“the terms”) govern every contract made between Den Design for the supply of goods and services to any person, firm or company (“the client”).1.3 The terms prevail over any written terms and conditions of the client. 1.4 Any variation to the terms must be agreed in writing by Den Design. 1.5 All contracts between Den Design and the client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

2.1 Credit accounts are set up at the discretion of Den Design. 2.2 The client will pay Den Design the agreed fee as quoted. 2.3 Den Design will invoice the client at 30 days if feedback is not received to progress the client’s project. 2.4 Invoices from Den Design to client with credit accounts for supply of goods or services should be paid in full within 30 days of invoice. 2.5 If the client does not have a credit account with Den Design, goods or services must be paid for on collection of the completed job. Payment can be made by cheque or BACs transfer. For any project that exceeds the total of £1000 including VAT, 50% must be paid upfront before any development begins 2.6 Den Design reserves the right (without disclosing a reason) to demand payment for work on collection at any time. 2.7 The client will pay Den Design any expenses incurred by in connection with the recovery of monies outstanding (including legal costs on an indemnity basis). 2.8 Any invoices that pass the payment due date will incur daily interest charges along with a £25 administration charge for each reminder sent out.

3.1 Orders for work must be given in writing to Den Design by the client - either by email or post. 3.2 Not withstanding clause 3.3, if Den Design accepts a verbal order from the client, Den Design will not be held responsible for any mistakes (made by either party) arising from that verbal order. 3.3 Den Design reserves the right to refuse to accept any order.

4. Quotations
4.1 All quotations given by Den Design will be valid for 30 days from the date of quotation. 4.2 All quotations will be supplied in writing. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Den Design. No work will commence until this document has been received by Den Design. 4.3 A verbal estimate will not be considered as binding until the amount has been confirmed in writing and accepted by the client. 4.2 If the client’s final order changes from the original specification made for the quotation, Den Design reserves the right to vary the quotation. 5. Proofing

5.1 Den Design will supply the client with a PDF proof. 5.2 Whilst we endeavour to provide a thorough, error-free service, it is the sole responsibility of the client to check all content of said proof - including spelling, grammar, punctuation and use of images - unless otherwise stipulated by Den Design. 5.3 Den Design will provide the client with up to two proofs, unless otherwise agreed at commencement of the project. As a guideline these proofs should progress through the following stages: Proof 1: amendments to general design/layout (including image usage) and corrections to text (including grammar and spelling) Proof 2: (final proof) check all content thoroughly and sign off in writing. Den Design cannot accept liability for errors within the copy beyond this stage.

6.1 Turnaround times are normal target times only and Den Design accepts no liability for failure to meet these times, but will use its best endeavours to do so.

7.1 Den Design will inform the client if images supplied are - in their professional opinion - not of suitable quality for print. However, if the client once apprised of this, chooses to retain use of the image in question, Den Design will not be held responsible for quality of reproduction.

8.1 Unless stated by the client, Den Design will decide, at its sole discretion, weight of material and which print finish to use (either semi-matt or gloss).

9.1 Unless otherwise stipulated, Den Design will not accept responsibility for ensuring that a client’s website is catalogued or ranked highly by any search engine. 9.2 Den Design cannot guarantee the appearance of any website it designs will not alter within the confines of non-specified browsers or monitor dimensions. 9.3 Den Design will supply the client with all content management system login information pertaining to the client’s site on request. 9.4 After work on the client’s website has been ceased, Den Design will not be held responsible for the maintenance, monitoring or upkeep of said site unless otherwise agreed in writing. 9.5 If payment for design services is not received within the agreed time period, Den Design reserves the right to remove any unpaid-for content from the client’s website. 9.6 Unless otherwise stipulated in writing, it is the client’s sole responsibility to ensure payment (monthly or annual) for the domain name and web-space associated with their site. 9.7 Although Den Design may sometimes offer the set-up of POP3 mailboxes as part of its website publishing service, it cannot be held responsible for any problems that occur as a result of the client’s own email software or set up. Any assistance requested in this matter will be charged at the standard hourly rate. 9.8 All data, text, information, links and other content, posted to the client’s website, is the sole responsibility of the client. This means that the client, and not Den Design, is entirely responsible for all content that published, posted, uploaded, distributed, disseminated or otherwise transmitted to the client’s website. Under no circumstances will Den Design be liable in any way for any content, including but not limited to any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted to the client’s website. The client agrees that he/she must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.

10.1 Den Design will, if requested by the client, scan images to a colour balance provided by the client by way of reference prints or polaroids. 10.2 If no such request or reference material is provided by the client Den Design will scan and/or print images using its own ‘judgement’ for colour balancing. 10.3 Digital printing methods cannot guarantee exact matching to pantone references. However Den Design can, on request, supply the client with one digital proof before publication. Further proofs will be subject to charge at an agreed rate.

11. Uncollected work
11.1 If any items of work including prints and original files belonging to a client are not collected after 12 months of the requested work being done, Den Design reserve the right to dispose of such material. 12. Copyright and moral rights

12.1 All creative material produced by Den Design - including logo visuals, design proofs, website design and design concepts - remains the legal copyright of Den Design until such time as the client’s payment is received and the contract completed, or until written confirmation has been given. 12.2 Den Design claims no copyright in material submitted to us for the purposes of fulfilling the client’s instruction. 12.3 The client warrants that the client owns or controls all rights, has obtained all copyright, or has permissions, consents and waivers that as are now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by Den Design. 12.4 The client also warrants that no copyright or moral rights will be infringed by Den Design carrying out the requested work. 12.5 The client agrees to indemnify Den Design against all losses, damages, claims or expenses which Den Design may incur by virtue of any breach of the above warranties. 12.6 It is the clients responsibility to ensure that any images / logos / photos or text / copy that are provided to Den Design for use on the clients designs / website are either their own material or that a license has been purchased to use such materials for the medium required. Den Design accepts no responsibility for any copyright infringements for any materials provided to them by the client.

13.1 The client must contact Den Design concerning details of an invoice within 7 days of the date of the invoice. 13.2 Den Design’s liability to the client or any other party for the loss including theft, or destruction or damage to any materials provided by the client which are deposited with Den Design for whatever reason;- 13.2.1 Will be limited to the replacement cost of the actual material and; 13.2.2 Den Design will not be liable for the cost of reshooting or reprinting the material contained on the material and; 13.2.3 Den Design will not be liable for any loss or damage to the client or any other party including loss of income and; 13.2.4 It is the client’s responsibility to insure against such loss and damage. 13.3 Den Design will not be liable for failing to complete any contract between Den Design and the client due to circumstances beyond Den Design’s control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.13.4 Den Design will no be liable for any domain names that are registered on behalf of the client, it is the clients sole responsibility to ensure that domain names are available and legally allowed to be owned and traded under. 13.5 Den Design Hosting services accept no liability for the content or websites hosting on any of it’s servers or hosting plans, it is the sole responsibility of the client to ensure that no international laws are being broken with the files, services or business that is being displayed from the servers.