Abingdon Print and Website Design 

 
 
  WEB DESIGN AND ABINGDON PRINT

Based in Abingdon, Oxfordshire

t: 01235 202689

info@mayodigitalmedia.co.uk

TERMS & CONDITIONS

CONDITIONS OF SUPPLY

1. Conditions:

1.1 These terms and conditions (the “Conditions”) supersede all previous conditions, including any terms and conditions of the Buyer and shall not be

superseded, varied or waived other than by the express written consent of the Seller.

1.2 In the Conditions the following definitions shall apply:

(a) Buyer means the party contracting with the Seller to acquire the Work;

(b) Seller means Mayo Digital Media Limited (Regd. No. 09537295);

(c) Work means all goods (including intermediate or finished goods) and services including print, mailing and design services;

(d) Preliminary Work means all work done in the concept and preparatory stages including design, artwork and colour matching;

(e) Electronic File means any text, illustration or other matter supplied or produced by either party in digitised form on disc, via email, dropbox or any other link;

(f) Intellectual Property means all copyright, patents, trademarks and trade names, design rights, inventions, know-how and other intellectual property including applications for registration and the right to make such applications;

1.3 Any order or request for Work by the Buyer to the Seller shall be conclusive proof of the Buyer’s acceptance of the Conditions.

2. Payment:

2.1 Estimates are based on the Seller’s current costs of production and, unless otherwise agreed in writing, are subject to amendment to meet any rise or fall in such costs that occur prior to delivery.

2.2 All Work carried out shall be chargeable including Preliminary Work whether or not the Buyer agrees to it being carried forward to production.

2.3 Any additional Work required by reason of the Buyer supplying inadequate copy, incomplete or incorrect instructions or insufficient material or late delivery of any of them shall be chargeable.

3. Materials Supplied or Specified by the Buyer:

3.1 Electronic Files.

3.1.1 The Buyer shall maintain a copy of all Electronic Files provided by the Buyer to the Seller.

3.1.2 The Seller shall not be responsible for checking the accuracy of supplied input from any Electronic File unless otherwise agreed in writing.

3.1.3 Without prejudice to clause 5.1.2 if an Electronic File is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action the Seller may either reject the file or charge for any additional costs incurred in taking such corrective action in each case without prejudice to its rights to payment for work done and materials purchased.

3.2 Other Materials.

3.2.1 Where the content of the Work is generated by the Seller it may at its absolute discretion (including in order to protect its Intellectual Property) replace any material supplied by the Buyer with materials of similar or better quality.

3.2.2 The Seller may reject any Electronic Files or other materials supplied or specified by or on behalf of the Buyer which the Seller considers unsuitable for the intended purpose and any additional costs incurred shall be chargeable except to the extent that such additional costs could have been avoided but for unreasonable delay by the Seller in ascertaining the suitability of the materials.

3.2.3 Without prejudice to clause 5.2.2 where materials are so supplied or specified by the Buyer and the Seller so advises the Buyer of their unsuitability that the Buyer instructs the Seller to proceed anyway the Seller shall have no liability for the quality of the Work.

3.2.4 Quantities of materials supplied by the Buyer shall be adequate to cover normal spoilage and any costs incurred as a result of shortages, including re-starting jobs and duplicating masters will be chargeable.

3.3 Risk and Storage.

3.3.1 All property supplied to the Seller by or on behalf of the Buyer shall, while it is in the Seller’s possession or in transit to or from the Seller, be deemed to be at the Buyer’s risk unless otherwise agreed in writing.

3.3.2 The Seller shall be entitled to make reasonable charges for the storage of any property supplied by or on behalf of the Buyer before receipt of the order (in sufficient detail to commence Work) or after notification to the Buyer of completion of the Work.

3.3.3 The Buyer warrants to the Seller that the Buyer owns or has absolute rights to use all Intellectual Property and/or other proprietary interests in all materials (including Electronic Files) supplied by or on behalf of the Buyer and shall indemnify the Seller in accordance with clause 13.2 in respect of any and all claims, costs and expenses arising.

3.4 Finished Goods.

3.4.1 Risk in the Work and all goods delivered in connection with it shall pass to the Buyer on despatch.

3.4.2 On completion of the Work the Seller will store the Work and other materials for a maximum of one month after which time the Seller may destroy them without notice.

4. Materials & Equipment Supplied by the Seller:

4.1 All materials owned or supplied by or on behalf of the Seller in the production of any part of the Work shall remain the Seller’s exclusive property.

4.2 Printed material shall be distributed and film and plates, tapes, discs, Electronic Files and other materials destroyed immediately after the Work is completed unless agreed otherwise in writing in which case storage shall be chargeable. The Seller reserves the right to retain Electronic Files of printed materials.

4.3 The Seller shall not be obliged to provide any data from its equipment or supplied to the Buyer in any format.

5. Proofs & Variations:

5.1 The Work is undertaken by the Seller on the basis that proofs will be provided, diligently checked by the Buyer and approved prior to production of the Work and the Seller shall not be liable for any errors (including errors introduced by the Seller) not corrected by the Buyer where the Buyer has been so provided with proofs.

5.2 Alterations required by the Buyer (except to the extent caused by the default of the Seller) and additional proofs necessitated thereby shall be chargeable. To the extent that style, type or lay-out is left to the Seller’s judgement changes therefrom made by the Buyer shall be chargeable.

5.3 Where the Buyer waives any requirement to examine proofs the Seller shall not be liable for any errors in the finished Work and shall be indemnified by the Buyer against all resulting losses.

5.4 Colour proofs: due to differences in equipment, paper, inks and other conditions between colour proofing and production runs it is hereby agreed and accepted by the Buyer that a reasonable variation in colour between the proofs and the completed job will be acceptable (unless otherwise specifically agreed in writing).

5.5 Variations in quantity: estimates of quantity are conditional upon margins of 5% for Work being allowed for “overs” or “unders” which will be chargeable or deductible, unless otherwise agreed in writing.

5.6 The Seller may at any time change the specification of the Work as required to comply with any applicable safety or statutory requirements or which do not materially impair the function of the Work.

5.7 All implied and express terms, conditions and warranties relating to quality and/or fitness for purpose of the Work are excluded whether made by the Seller or its servants or agents or otherwise.

6. Acceptance of Goods:

6.1 The Buyer shall be deemed to have accepted the Work upon collection. The Buyer shall inspect all the Work on collection and notify the Seller of any defects or if the Work is not in accordance with the contract upon collection.

7. Design Services:

7.1 The Buyer shall provide a clear written specification to the Seller (including full details of the product to be designed and timescales) and will promptly respond to all enquiries raised by the Seller about such specification and the Buyer’s requirements.

7.2 All Intellectual Property created by the Seller pursuant to this contract shall be the property of the Buyer provided always that the Seller shall be entitled to retain copies for the purposes of marketing and further design development.

7.3 The Seller shall be under no liability whatever to the Buyer in respect of any loss and/or expense suffered by the Buyer arising out of any design created or developed by the Seller which infringes or is similar to any design or design rights of any third party.

7.4 The Seller shall not be liable for any losses arising as a result of misquoted prices or incorrect coding or similar in websites designed by the Seller.

7.5 All design work (including website design) is undertaken by the Seller on the basis set out in clause 7.1 namely that the initial design of website will be diligently checked by the Buyer and approved prior to being finalised and being fully available to users and the Seller shall not be liable for any errors (including errors introduced by the Seller) not corrected by the Buyer where the Buyer has been provided with the initial design for checking.

8. Data Protection:

8.1 The Buyer warrants to the Seller that it has the absolute right to provide the personal data (if any) contained in materials supplied to the Seller in accordance with this contract and will indemnify the Seller from and against all claims, costs and expenses arising from any breach of this warranty or data protection legislation by the Buyer (including the cost of complying with any requests for information by third parties).

8.2 Any personal data may be stored by the Seller in providing its services to the Buyer but it is the practice of the Seller to destroy such data on completion of the contract.