EMB GRAPHICS LTD Terms & Conditions
These Terms and Conditions apply to the provision of the services (including web or print) by emb graphics ltd. to the party buying the services (you or Customer). You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services. These Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
Acceptance of Quotation and Terms and Conditions The placement of an order for design and/or any other services offered by emb graphics ltd and validated by the customer’s response on the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the client and emb graphics ltd.
Fees and Deposit (Print and Web Design) The fees for the Services are set out in the Sage quotation or via email quotation and are on a time and materials basis.
Cancellation and Amendment We can withdraw, cancel or amend a quotation at any time if it has not been accepted by you, or if the Services have not started. If you want to amend any details of the Services you must tell us in writing as soon as possible.
Payment We will invoice you for payment of fees either: when we have completed the Services or on the invoice dates set out in the quotation. You must pay the Fees due within 14 days of the date of our invoice.. Payments may be made by BACS, cash, cheque, iZettle or Paypal. If you do not pay within the period set out, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with you. All goods unpaid remain the property of emb graphics ltd until payment is received. If services (Domain names, Hosting, Email or Print) are suspended or cancelled, no back up copy of data will be saved or issued. Receipts for payment will be issued by us only at your request. Any cancellation which is not formally confirmed in writing and received by emb graphics ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project. A 50% deposit or full payment for print products will be due prior to artwork entering print production.
Default An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. emb graphics ltd shall be considered entitled to remove emb graphics ltd and/or the customer’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, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Website and domain services will suspend after a period of 30 days if unpaid for 30 days from the due date of invoice. After a further 30 days those services will terminate and all data linked to your website, domain and or email will be deleted. No back up will be saved by emb graphics ltd. If you wish to cancel domain name, hosting or email services, you must inform emb graphics ltd at least 30 days prior to your renewal or your requested cancellation date.
Services We will use our reasonable endeavours to complete the performance of Services within the time agreed or as set out in the quotation.
Copyrights and Trademarks By supplying text, images and other data to emb graphics ltd for inclusion in the customer’s print or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. The customer agrees to fully indemnify and hold emb graphics ltd free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Design Any working files, artwork, images, or text supplied and/or designed by emb graphics ltd on behalf of the customer, will remain the property of emb graphics ltd and/or it’s suppliers, excluding Logo design in which full copyright will be passed to the client upon receipt of full payment. Where multiple design concepts are submitted, only one concept is deemed to be given by emb graphics ltd to fulfill the contract. All other artwork designs remain the property of emb graphics ltd but can be purchased at an agreed extra cost. emb graphics ltd will supply print ready PDF files. emb graphics ltd reserves the right to charge fees for working artwork files. emb graphics ltd will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to emb graphics ltd by e-mail. emb graphics ltd will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period. The customer agrees to allow emb graphics ltd to place a small credit on printed material, exhibition displays, advertisements and/or a link to emb graphics ltd own website on the customer’s website. This will be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow emb graphics ltd to place all designs on emb graphics ltd own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise. emb graphics ltd will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. On approval to print by the client and files enter print production, any changes made thereafter that approval are at the liability to the customer and will incur additional print costs. All print design must be checked and proof prior to sign off. All deliveries must be checked on receipt of delivery and emb graphics ltd be informed of any problems with print finish within 48 hours of receipt. Out with 48 hours emb graphics ltd will not be liable to follow up and amend print finish problems with the third party print supplier used. Print colour reproduction can have a 10% + (plus) / - (minus) variation and emb graphics ltd is not held responsible for those variances. emb graphics ltd and its clients agree to comply with the Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. emb graphics ltd recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
Termination We can terminate the provision of the Services immediately if you: commit a material breach of your obligations under these Terms and Conditions; or fail to make payment any amount on the due date for payment; or are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor.
Liability and Indemnity emb graphics ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract. We are not liable in connection with our provision of those Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for: any indirect, special or consequential loss, damage, costs, or expenses or any loss of profits, loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruption, or, other third party claims, or any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control, or any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
Circumstances Beyond a Party’s Control Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
Communications Notices shall be deemed to have been given: when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; when sent, if transmitted by email and a successful transmission report or return receipt is generated; All notices under these Terms and Conditions will be addressed to the most recent address, email address notified to the other party, it is up to you the customer to inform emb graphics ltd of any changes to your contact information.
Law These Terms and Conditions shall be governed by and interpreted according to the law of Scotland, all disputes arising under the Terms and Conditions, including non-contractual disputes or claims shall be subject to the exclusive jurisdiction of Scotland.
General These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. emb graphics ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
T&C’s relate to services and goods supplied by emb graphics ltd, office address: 27 Dunkeld Street, Aberfeldy, Perthshire, Scotland. PH15 2AA. Last updated on 1 February 2024.