1. DEFINITIONS – Within these Terms & Conditions “Studio Aura Ltd”, “The company”, “we”, “us”, or “our” refers to STUDIO AURA. “The client”, “you” and “your” refers to the person, business or company from whom orders are received and with whom Studio Aura enter into a lawfully binding contract.
2. PRICE VARIATION – Estimates are based on our current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
3. TAX – We reserve the right to charge the amount of taxes, value added tax, duties or royalties, etc, which are payable, whether or not included on the estimate or invoice.
4. PRELIMINARYWORK – All work carried out, whether experimentally or otherwise, at client’s request will be charged.
5. PROOFS – Author’s corrections, including alterations in style, and the cost of additional proofs, necessitated by such corrections will be charged extra. Proofs of all work may be submitted for client’s approval, and in that event no responsibility will be accepted for any errors not corrected by them.
6. COPYRIGHT – The client shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs, etc. The client will indemnify us and our agents from any claim arising thereof.
7. CANCELLATION POLICY – Should a project for any reason whatsoever come to and end or be put on hold indefinitely, the client will immediately settle a cancellation fee of 100% of the agreed project cost.
8. COMPANY IMPRINT – No work will carry our company imprint unless specifically required by law, or unless we have the client’s permission.
9. DELIVERY & PAYMENT – (a) Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed, the ownership shall pass and payment shall become due. (b) On certain classes of work the company reserves the right to insist upon payment being received prior to commencement of work. (c) Any carriage arranged by the company is on the client’s behalf and the company is not liable for any delays arising out of that carriage. (d) Should expedited delivery be agreed, this may be charged extra to cover any overtime or any other additional costs involved. (e) Should work be suspended at the request of or delayed through any default of the client for a period of 30 days, the company shall then be entitled to payment for work already carried out, materials specially ordered and the additional other costs including storage.
10. PAYMENT TERMS – Unless otherwise agreed in writing, payment of all accounts is due by Direct Debit, 14 days from date of invoice. Should payment not be received on or before the due date then the client may forfeit all discounts on any invoices paid outside this time limit. We reserve the right to charge interest on overdue accounts at a rate equivalent to HSBC Bank base lending rate plus 5%. The goods shall remain the property of Studio Aura until paid for in full. N.B. A £15.00 charge will be made for any cheques returned unpaid.
11. VARIATIONS IN QUANTITY – (a) Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5% for work in one colour and 10% for other work being allowed for overs or shortage (4%and 8%respectively for quantities exceeding 50,000) the same to be charged or deducted. (b) If exact quantities are required (e.g. for a mailing) a reasonable amount of overs must be requested when ordering which will be reflected in the price. For printed envelope orders, a minimum of one extra box of envelopes or 10% overs (whichever is the greater quantity) will be required to guarantee quantity.
12. CLAIMS – Any query regarding the condition of goods supplied must be made to the company verbally before 10.00 a.m. on the working day following receipt of goods and confirmed in writing within 5 working days. Any query relating to invoices should be made to the company in writing within 5 working days of invoice date. Any query regarding non-delivery must be made within 14 days of the invoice date. Claims outside this limit will not be entertained. The company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.
13. LIABILITY – (a) The Company shall not be liable for any loss to the client arising from the delay in transit not caused by us. (b) Where the work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect.
14. STANDING MATTER – (a) Metal, film and other materials used by us in the production of plates, film-setting, negatives, positives, and the like shall remain our exclusive property. (b) Type may be distributed and lithographic, photogravure, or other work effaced immediately after the order is executed, unless written arrangements are made to the contrary. In the latter event, rent may be charged. (c) Studio Aura Design cannot be held responsible for loss or damage to any digital files supplied by the client.
15. CLIENTS PROPERTY – (a) Client’s property and all property supplied by Studio Aura by or on behalf of the client will be held, worked on, and carried at the client’s risk. (b) The company shall be entitled to make a reasonable charge for the storage of any client’s property left with us before receipt of the order or after notification to the client of completion of the work. (c) Whilst every care is taken, the company and their agents cannot accept any responsibility for loss or damage to artwork, photographs, transparencies, etc. Any liability shall be limited to the replacement cost of the basic material.
16. MATERIALS SUPPLIED BY THE CLIENT – (a) The Company may reject any paper, plates or other materials supplied or specified by the client which appear to us to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by us in ascertaining the unsuitability of the materials then that amount shall not be charged to the client. (b) Where materials are so supplied the company will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified. (c) Quantities of materials supplied shall be adequate to cover normal spoilage.
17. INSOLVENCY – If the client 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, the company, without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the client, such charge to be an immediate debt due to him, and (ii) in respect of all unpaid debts due from the client have a general lien on all goods and property in our possession (whether worked on or not) and shall be entitled on the expiration of 14 day’s 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.
18. ILLEGAL MATTER – (a) The company shall not be required to print any matter which in their opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party. (b) The company reserves the right to refuse to print any matter which, in his opinion, may be prejudicial or detrimental to the good of the company’s business. (c) The company shall be indemnified by the client in respect of any claims, costs, and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material produced for the client. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement in any claim.
19. FULL COLOUR PRINTING – Every effort will be made to obtain the best possible colour reproduction on client’s work but because of the nature of the processes involved, we shall not be required to guarantee an exact match in colour or texture between the client’s original colour photograph or transparency and the printed article. Clients who require colour reproduction of a specific standard and who wish to check the colour reproduction prior to printing must order a colour proof, in writing when placing the order. This will be charged as an extra. It is the client’s own responsibility to ensure that the colour photograph(s) or transparency(ies) submitted are suitable for the work in hand. The company cannot accept liability for unsatisfactory results caused by unsuitable or inferior photographic originals.
20. RETAINERS – Should a client wish to cancel their retainer with Studio Aura at any stage, a full calendar month is requested as the notice period. Should the client choose to not work out this notice period, the financial commitment of this period will still be billed and due.
21. MAINTENANCE MARKETING – Should a client wish to cancel their services with Studio Aura at any stage, two full calendar months is required as the notice period. Should the client choose to not work out this notice period, the financial commitment of this period will still be billed and due.
22. FORCE MAJEURE – The company shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond their 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 the client may, by written notice to the company, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
23. PENALTIES – Studio Aura reserves the right to monitor the scope of the project and charge for design and development hours should the initial allocated project time be exceeded. Changes to the brief, or fluctuations in scope, could result in a revised cost estimate. On the condition of an approved and completed project, Studio Aura reserves the right to remove the project from the public domain should payment not be forthcoming. Should a project for any reason whatsoever come to and end or be put on hold indefinitely, all payments made are non refundable to cover Studio Aura’s expenses. Should requested information, which usually takes 1 to 5 days, not be provided for a period of 2 months, the project will terminate and all payments will be kept to cover expenses incurred. Should the client’s inaction hold up the project, the client will be billed 5% of the total project fee for every 7 working days that the project is delayed. Should a client wish to cancel a project that is already signed off, a rejection fee of 100% will be instituted on agreement.
24. LAW – These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of England.