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T & C
Terms and Conditions
1.These Terms and Conditions govern every contract made between RedMinx Creative Design (RedMinx) for the supply of goods and services to any person, firm or company (“the client”).
1.1 All work is carried out by RedMinx on the understanding that the client has agreed to RedMinx’s Terms and Conditions.
1.2. All contracts between RedMinx and the client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English
courts.
1.3 Copyright is retained by RedMinx on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
1.4 If a choice of design is presented, only one solution is deemed to be given by RedMinx as fulfilling the contract. All other designs remain the property of RedMinx, unless agreed in writing that this arrangement has been changed.
2. Project Acceptance
2.1 At the time of proposal, RedMinx will provide the client with a written estimate or quotation. The Terms and Conditions can be read on RedMinx’s website www.redminx.co.uk
2.2 A copy of the written estimate or quotation is to be signed and dated by the client to indicate acceptance and should be returned to RedMinx via post or email. Alternatively, the client may send an official order or Purchase Order (PO) in reply to the estimate or quotation which binds the client to accept RedMinx’s Terms and Conditions. No work on a project will commence until either document or Purchase Order has been received by RedMinx.
3. Charges
3.1 Charges for services to be provided by RedMinx, will be set out in the written estimate or quotation that is provided to the client. At the time of the client’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms and Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until RedMinx has received this amount.
3.2 Charges for any additional or third party services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
3.3 Work carried out experimentally or otherwise, at the client’s request, may be charged for.
3.4 RedMinx shall be entitled to charge the amount of any value added tax or similar tax payable whether or not included in the quotation or invoice.
3.5 Quotations are based on the current cost of production and are subject to amendment on or after acceptance to meet any rise or fall in such cost. The giving of a quotation is no guarantee of the availability of the materials on which the execution of the work depends.
3.6 RedMinx reserves the right (without disclosing a reason) to demand either full or partial payment for work in advance or on collection at any time.
3.7 The client will pay RedMinx any expenses incurred by in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
3.8 Should a client at any stage of any ongoing design work wish to terminate any further work RedMinx reserve the right to charge for the work in progress up to that point.
3.9 Travelling, subsistence and out-of-pocket expenses incurred in performing the Project will be charged for at cost.
4. Payment
4.1 Invoices from RedMinx to the client for supply of goods or services should be paid in full on receipt of invoice, by cheque no later than 28 days from the issue date on the invoice.
4.2 The client will be provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable to RedMinx. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.
4.3 Payments may be made by cash, cheque, BACS or PayPal.
4.4 Publication and/or release of work done by RedMinx on behalf of the client, may not take place before cleared funds have been received.
4.5 Returned cheques will incur an additional fee of £50 per returned cheque. RedMinx reserves the right to consider an account to be in default in the event of a returned cheque.
5. Quotations
5.1 All quotations given by RedMinx will be valid for 28 days from the date of quotation.
56.2 If the clients final order changes from the original specification made for the quotation, RedMinx reserves the right to vary the quotation.
5.3 Once a design has been submitted to the client for approval, one round of revisions and or corrections will be undertaken at no charge to the client. Any changes suggested by the client thereafter will be charged at the hourly design rate of £40
5.4 The client will be responsible for supplying any necessary copy, images, logos and disclaimers for any design work. If RedMinx need to source original artwork or amend files in any way not outlined in an original quote, this will be charged at an hourly rate as an additional extra.
6. Default
6.1 An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. RedMinx shall be considered entitled to remove RedMinx’s and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, design, sub-contractors, printers, photographers, libraries and web services.
6.2 Removal of such materials does not relieve the client of it’s obligation to pay the due amount. Clients whose accounts become default agree to pay RedMinx reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
7. Liability
78.1 The client must contact RedMinx concerning details of an invoice within 7 days of the date of the invoice.
7.2 RedMinx’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 RedMinx for whatever reason;-
7.2.1 Will be limited to the replacement cost of the actual material and;
7.2.2 RedMinx will not be liable for the cost of re-shooting or reprinting the material contained on the material and;
7.2.3 RedMinx will not be liable for any loss or damage to the client or any other party including loss of income and;
7.2.4 It is the clients responsibility to insure against such loss and damage.
7.3 The client accepts that any printed material must be signed off and approved at artwork stage before being sent to print. It is the clients responsibility to check any document for accuracy and spelling and RedMinx will not be held responsible for any typographical errors after any artwork has been approved by the client.
7.4 RedMinx will not be liable for failing to complete any contract between RedMinx and the client due to circumstances beyond RedMinx’s control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.
7.5 RedMinx shall not be liable for indirect or consequential loss or for any loss to the client arising from third party claims occasioned by errors in carrying out the work or by delay in delivery. Where work is defective for any reason, including negligence, RedMinx’s liability (if any) shall be limited to rectifying such defect.
8. Copyright and moral rights
8.1 By supplying text, images and other data to RedMinx for inclusion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
8.2 The client may request in writing from RedMinx, the necessary permission to use materials (for which RedMinx holds the copyright) in forms other than for which it was originally supplied, and RedMinx may, at it’s discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
8.3 By supplying images, text, or any other data to RedMinx, the client grants RedMinx permission to use this material freely in the pursuit of the design.
8.4 Should RedMinx, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow RedMinx to remove and/or replace the file on the site.
8.5 The client agrees to fully indemnify and hold RedMinx free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
8.6 All artwork files remain the property of RedMinx. Artwork will be kept on file after completion of any work up to 1 year. Any amendments or modifications requested by the client at a later date will be charged at an hourly rate of £40
8.7 RedMinx reserve the right to use any artwork for means of advertsing and self promotion in print and on the web.
8.8 Logo designs remain the property of RedMinx until any payments have been received in full. Any trademarks and copyrights will then be transfered to complete ownership of the client
9. Image sizes
9.1 Any images to be used on printed material should be supplied on disc or by e-mail at minimum resolution 300dpi and saved in CMYK format. Images taken directly from a website will not be useable in most printed material. Colour correcting images incorrectly supplied will be charged at an hourly rate of £40
9.2 RedMinx will not be held responsible for the loss or damage of any original artwork supplied by a client. Wherever possible we will return any supplied material.
10. Alterations
10.1 The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
10.2 The client also agrees that RedMinx holds no responsibility for any amendments made by any third party, before or after a design is published.
11. Termination
11.1 The Client may cancel the Project at any time upon written notice.
11.2 Either party may terminate this agreement with immediate effect by written notice if the other commits a material breach of this agreement (and in the case of a breach capable of remedy) fails to remedy it within 30 days of receipt of a written notice from the party not in default specifying the breach and requiring its remedy.
11.3 Either party may terminate this agreement with immediate effect by written notice:
11.4 if the client ceases or threatens to cease to carry on its business;
11.5 if a receiver, administrator or similar officer is appointed overall or any part of the asset or undertaking of the client;
11.6 if the client makes any arrangement for the benefit of its creditors or;
11.7 if the client goes into liquidation other than for the purposes of a solvent amalgamation or reconstruction.
11.8 Termination of this agreement will not affect any rights of the parties accrued to them up to the date of termination.
12. Consequences of Termination
12.1 If this Agreement is terminated by the client then the client will pay RedMinx subject to substantiation from RedMinx that such work has been carried out and provided that such work was required by the client to be performed under this agreement.