- These terms and conditions govern every contract made between topright for the supply of goods and services to any person, firm or company (“the client”).
- The terms prevail over any written terms and conditions of the client. Any variation to the terms must be agreed in writing by a director of topright.
- All contracts between topright and the client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
2 Price and payment
- The client will pay topright the fixed fee, or pre-determined hourly rate – whichever is agreed at the time of instruction.
- topright may invoice the client at 28 days from commencement for work done.
- Unless otherwise provided for, payment is due within 30 days from date of invoice. Should the customer fail to pay within the time period then topright shall be entitled to charge interest at the rate of 2% for each month or part of month that the payment is outstanding, such interest to be added each month to the account for the purposes of calculating the monies due on the next month’s account.
- topright reserves the right to demand payment for work delivered, completed or part completed at any time and may do so without disclosing a reason.
- The client (debtor) will pay topright or topright’s appointed collection agent any costs and/or expenses incurred in connection with the recovery of due debts.
- Orders for work may be given to topright in writing or via e-mail.
- Not withstanding clause 3.1, if topright accepts a verbal order from the client, topright will not be held responsible for any mistakes (made by either party) arising from that verbal order.
- topright reserves the right to refuse to accept any order, written or verbal.
- Quotations given by topright will normally be valid for 28 days from the date of quotation.
- Amendments to quotations will be made prior to the commencement of the work unless client time constraints or other factors limit topright’s obligation to provide that amended quotation.
- If the client’s final order changes from the original specification to which topright’s quotation relates, topright reserves the right to vary the quotation.
5 Turnaround times
- Turnaround times which are agreed verbally or in writing are target times only and topright accepts no liability for failure to meet these times, but will use its best endeavours to do so.
6 Supply of printed and digital materials
- topright will not accept responsibility for the accuracy of content. The client will be responsible for ensuring the accuracy of content by thoroughly checking proofs prior to printing or production.
- Proofs may be supplied by topright as printed pages or as digital .pdf (portable document format) files.
- topright will charge a print management fee for print orders which may be included as a percentage of the print quote or may be quoted as a separate additional fee.
- The quality of print and/or substrate purchased by topright on behalf of a client will be the responsibility of topright.
- The quality of print and/or materials purchased directly by the client using artwork produced by topright will be the responsibility of the client.
- topright cannot guarantee exact colour matching on different print runs, different substrates, different media types or from proof to final print though every care will be taken to minimise discrepancies.
7 Data transmission
- topright will not accept responsibility for problems arising from the inability of the client or topright to transmit/receive digital information. Whilst every effort will be made to ensure problem free communication unforeseen circumstances can inevitably arise.
8 Colour balancing
- topright will, if requested by the client, scan or electronically manipulate images to a colour balance provided by the client by way of reference.
- If no such request or reference material is provided by the client topright will scan and/or print images using its own judgement for colour balancing.
- topright cannot guarantee exact colour matching/balancing on different print runs, different substrates, different media types or from proof to final print though every care will be taken to minimise discrepancies.
- topright does not guarantee to archive artwork in any way shape or form after the completion of an order though in most cases archived artwork is retrievable from our systems.
- Retrieval of archived artwork will incur a charge equal to the time taken to retrieve the artwork at the hourly design rate prevailing at the time of retrieval.
10 Copyright and intellectual rights
- topright claims no copyright in third-party material submitted to us for the purposes of fulfilling the clients instruction.
- 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 topright of any material the client has supplied.
- The client also warrants that no copyright or intellectual rights will be infringed by topright carrying out the requested work.
- The client agrees to indemnify topright against all losses, damages, claims or expenses which topright may incur by virtue of any breach of the above warranties.
- All copyrights and intellectual property rights for original material remain the property of topright until paid for in full.
- All copyrights for original photography remain the property of topright subject to prior written agreement.
11 Ownership of artwork
topright retain ownership of original artwork in all its forms unless by prior agreement
- The client must contact topright concerning details of an invoice within 7 days of the due date of the invoice.
- topright’s liability to the client or any other party for loss including theft, destruction or damage to any materials provided by the client which are deposited with topright for whatever reason will be limited to the replacement cost of the actual material. topright will not be liable for the cost of reshooting or reprinting or otherwise reinstating the material contained on the substrate and; topright will not be liable for any loss or damage to the client or any other party including loss of income and; it is the clients responsibility to insure against such loss and damage.
- topright will not be liable for failing to complete any contract between topright and the client due to circumstances beyond topright’s control including loss of power supply, mechanical, electrical, electronic or communications breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.