Published: 16th December 2020 at 7:27 pm
Updated: 22nd September 2022 at 9:34 am
elmtree creative Terms and Conditions of Business
Submission of work to be performed by Elmtree Creative Partnership Ltd will be deemed acceptance of these terms and conditions.
1. Proofs of work will be submitted for client approval and Elmtree Creative Partnership Ltd shall incur no liability for any errors not corrected at proof stage. Any changes necessitated thereby shall be charged extra. When style, type or layout is left to the designers judgment, changes then made by the client shall be charged extra. It is the client’s responsibility to ensure all work carried out is approved for correct content inc. grammar, spelling, and technical content.
2. All work or concepts supplied remains the sole property of Elmtree Creative Partnership Ltd until such time as the fee for said work is paid in full. Mechanical, computer files or software utilised to generate said work shall remain the property of Elmtree Creative Partnership Ltd. Final art files used for printing or reproduction become the property of the client once fees are paid in full. We reserve the right to use any or all work for promotional purposes. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By accepting said work, you agree to indemnify Elmtree Creative Partnership Ltd from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.
3. Standard minimum delivery time is no less than 24 hours from submission and acceptance of briefed work. Actual delivery time to be agreed at the time of submission of brief. Any work required outside of standard delivery time may be subject to a rush charge outlined in the relevant Elmtree Creative Partnership Ltd Ratecard.
4. Any concept work submitted to client but unused by client shall be deemed rejected work and thus intellectual property rights revert to Elmtree Creative Partnership Ltd. Elmtree Creative Partnership Ltd reserve the right to use rejected work in whatever way they see fit.
5. Once all relevant fees are paid all work submitted and or approved is deemed to be free of use for the client in any media for any use in the United Kingdom of Great Britain and Northern Ireland and the Irish Republic except broadcast television and radio. It is the client responsibility to make any requests for use outside the United Kingdom of Great Britain and Northern Ireland and the Irish Republic or for use in broadcast television and radio.
6. Additional fees will be required for use of any or all material in territories outside of the United Kingdom of Great Britain and Northern Ireland and the Irish Republic or for use in broadcast television and radio. Additional fees for this use to be negotiated at the time of requesting such use.
7. Elmtree Creative Partnership Ltd reserves the right not to reproduce any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us 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 printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
8. Elmtree Creative Partnership Ltd accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery however caused. Elmtree Creative LLP accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided.
9. Elmtree Creative Partnership Ltd accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our 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 you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
10. Jobs put on hold or cancelled by the client during production will be invoiced as estimated or charging work to date. The invoice we issue must be paid in full together with any taxes that fall due accordingly.
11. Our terms of business are strictly 30 days unless otherwise agreed in writing. For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 8% above the Barclays base rate at the time and a weekly administration fee to cover the debt recovery costs.
12. Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their 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 it, Elmtree Creative Partnership Ltd, without prejudice to other remedies, shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ 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.