Terms & Conditions
Below is Unbreakable standard Terms and Conditions. Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us. By requesting designs and/or services from Unbreakable you agree to our Terms and Conditions and you are aware that you are entering a binding contract – payment is required.
1. Introduction
• 1.1 All work is carried out by Unbreakable on the understanding that the client has agreed to Unbreakable’s terms and conditions.
• 1.2 These terms and conditions (“the terms”) govern every contract made between Unbreakable for the supply of goods and services to any person, firm or company (“the client”).
• 1.3 The terms prevail over any written terms and conditions of the client.
• 1.4 Any variation to the terms must be agreed in writing by a director of Unbreakable.
• 1.5 All contracts between Unbreakable and the client will be governed by English law and the parties agree to submit to the exclusive urisdiction of the English courts.
2. Price and payment
• 2.1 Credit accounts are set up at the discretion of Unbreakable
• 2.2 The client will pay Unbreakable the agreed fee as quoted.
• 2.3 Unbreakable will invoice the client at 7 days if feedback is not received to progress the client’s project.
• 2.4 Invoices from Unbreakable to client with credit accounts for supply of goods or services should be paid in full within 7 days of invoice.
• 2.5 If the client does not have a credit account with Unbreakable , goods or services must be paid for on collection of the completed job. Payment can be made by cheque or cash.
• 2.6 Unbreakable reserves the right (without disclosing a reason) to demand payment for work on collection at any time.
• 2.7 The client will pay Unbreakable any expenses incurred by in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
3. Ordering
• 3.1 Orders for work must be given in writing to Unbreakable by the client – either by email or snail mail.
• 3.2 Not withstanding clause 3.1, if Unbreakable accepts a verbal order from the client, Unbreakable will not be held responsible for any mistakes (made by either party) arising from that verbal order.
• 3.3 Unbreakable reserves the right to refuse to accept any order.
4. Quotations
• 4.1 All quotations given by Unbreakable will be valid for 28 days from the date of quotation.
• 4.2 All quotations will be supplied in writing. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Unbreakable . No work will commence until this document has been received by Unbreakable.
• 4.3 A verbal estimate will not be considered as binding until the amount has been confirmed in writing and accepted by the client.
• 4.2 If the client’s final order changes from the original specification made for the quotation, Unbreakable reserves the right to vary the quotation.
5. Copyright and moral rights
• 5.1 All creative material produced by Unbreakable – including logo visuals, design proofs, website design and design concepts – remains the legal copyright of Unbreakable until such time as the client’s payment is received and the contract completed, or until written confirmation has been given. • 2.2 Unbreakable claims no copyright in material submitted to us for the purposes of fulfilling the client’s instruction.
• 5.2 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 Unbreakable.
• 5.3 The client also warrants that no copyright or moral rights will be infringed by Unbreakable carrying out the requested work.
• 5.4 The client agrees to indemnify Unbreakable against all losses, damages, claims or expenses which Unbreakable may incur by virtue of any breach of the above warranties.
6. Liability
• 6.1 The client must contact Unbreakable concerning details of an invoice within 7 days of the date of the invoice.
• 6.2 Unbreakable ’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 Unbreakable for whatever reason;-
• 6.3 Will be limited to the replacement cost of the actual material and;
• 6.4 Unbreakable will not be liable for the cost of reshooting or reprinting the material contained on the material and;
• 6.5 Unbreakable will not be liable for any loss or damage to the client or any other party including loss of income and;
• 6.6 It is the client’s responsibility to insure against such loss and damage.
• 6.7 Unbreakable will not be liable for failing to complete any contract between Unbreakable and the client due to circumstances beyond Unbreakable’s control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.
Unbreakable
