It's great that we're going to work together. Thank you.
Below are a list of terms and conditions that are here to protect us both should the unlikely take place.
It is assumed on work commencement and agreement to the provided estimate that these terms and conditions have been read and agreed. Regardless of your terms of business, the following terms and conditions apply to any Contract and future dealings between ourselves, Jake Jennings and the Customer:
“Contract” shall mean the commencement of work described in any quotation or invoice of which these terms and conditions form part.
“Jake Jennings” means the self trading under that name.
“Customer” shall mean the party that places the order for Material to be produced.
“Material” shall mean any printed items, graphics, drawings, models, artwork, photographs or negatives or any other work prepared or created.
2. DELIVERY AND PAYMENT
The Customer shall inspect and check the Materials immediately on Delivery and shall give notice in writing to Jake Jennings within three (3) working days of delivery as to any alleged defect together with details of the defects. Failing such notice the Materials shall be deemed to be in accordance with the Contract and the Customer shall be deemed to have accepted the Materials and be liable to pay therefor.
The time for Delivery shall be the time agreed in writing between Jake Jennings and the Customer or (if none given) a reasonable time after commencement of the Contract. The Customer shall not be entitled to reject by reason of late Delivery and Materials unless they have given Jake Jennings twenty one (21) days written notice of his intention to do so and the Materials are not delivered within such time.
If a project is commenced in stages, payment for each stage will be required once each stage is completed before moving to the next stage unless otherwise agreed between the Customer and Jake Jennings.
Final Artwork will be sent to yourself to be checked over before being sent to a printer / uploaded online. This must be checked thoroughly to prevent any errors taking place. We pride ourselves on attention to detail however there are sometimes errors which do slip by. As such, if there are any errors noticed at this 'check' stage caused by our fault, these amends will be completed at no additional charge. Your agreement is your acceptance of responsibility for the artwork and is required before any further action takes place.
Until payment has been made in full of all sums (however arising) owing from the Customer to Jake Jennings, legal and beneficial ownership in the Materials delivered shall remain with Jake Jennings. Where Material is supplied to the Customer on computer disks or other electronic storage method, then Jake Jennings remains the owner of those storage mediums and reserves the right to require immediate return of them.
In the case of any outstanding payment, the copyright and any other intellectual property rights in the Material vest in Jake Jennings unless otherwise agreed between the Customer and Jake Jennings. The Customer shall have the right to use the Material for the purpose of the Application described in the quotation or invoice. For the avoidance of doubt, Jake Jennings retains the copyright and any other intellectual property rights in all Material contained in any presentation in the event of Jake Jennings presentation not proceeding beyond concept stage during this Contract.
Jake Jennings shall be under no liability to the Customer for any actions, costs, claims or demands suffered in respect of any infringement of any patent, copyright trade mark, trade name or registered design.
Jake Jennings will use his best endeavours to preserve confidential information of the Customer and will comply with the Customer’s reasonable requirements in this regard.
7. TECHNICAL AND ARTISTIC CONCEPTS
Jake Jennings reserves exclusive right to use any design concepts, or ideas developed in the course of a Contract in any field or industry outside that of the Customer, unless Jake Jennings agrees in writing to grant exclusivity to the Customer.
8. PUBLICITY AND EXAMPLES
Jake Jennings shall have reasonable right to publicise its involvement in a Contract with the Customer. The Customer shall send Jake Jennings a minimum of three (3) copies of any production run derived from Material unless a smaller quantity is agreed by the parties. These may be used by Jake Jennings for promotional purposes unless otherwise agreed by prior arrangement. Regarding photographed Material the Customer shall allow Jake Jennings reasonable access to such Material produced by Jake Jennings at any stage during the course or within three (3) months after completion of a project and to reproduce and publicise such photography together with background copy for the purpose of promoting Jake Jennings business.
9. FORCE MAJEURE
Neither party shall be in breach of this Contract if there is any total or partial failure of performance by each of its duties and obligations under this Contract caused by any act of God, fire, flood, power failure, reduction of power supplies, mechanical failure, lack or shortage of Materials (not being due to the wilful default of the party), act of government or state, war, civil commotion, insurrection, embargo, strike, lockout, industrial dispute or action taken by the party or any other person, firm or company in connection therewith, and any other reason beyond the control of either party. If either party is unable to perform its duties and obligations under this Contract as a direct result of the effect of one of such reasons, such party shall give written notice to the other of such inability stating the reason in question. The operation of this Contract shall be suspended during the period (and only during the period) in which the reason continues. Forthwith upon the reason ceasing to exist the party relying on it shall give written notice to the other of this fact. If the reason continues for a period of more than 90 days, the party not claiming relief under this Clause shall have the right to terminate this Contract upon giving 30 days written notice of such termination to the other party.
Both Jake Jennings and the Customer shall have the right at any time, by giving notice in writing to the other to terminate this Contract forthwith upon the happening of one or more of the following events (1) if the other shall fail to make any payment hereunder within twenty eight (28) days of the due date, or to remedy any other breach within thirty (30) days upon being required to do so in writing, (2) if the other shall enter into liquidation, whether compulsory or voluntary.
This Contract shall be governed by and construed in accordance with the laws of the United Kingdom and all disputes arising in connection with the Contract shall be submitted to the non-exclusive jurisdiction of the British Courts.
12. ENTIRE AGREEMENT
Unless it is expressly agreed otherwise in writing between Jake Jennings and the Customer, this Contract embodies the entire agreement of the parties. This Contract shall not be modified, amended or varied except in writing signed by duly authorised representatives of the parties.