Standard Terms of Business
Terms and conditions in creative industry
Platinum Creative (Platinum Creative is a trading name of Platinum Graphics Limited), Standard Terms and Conditions of Business (Terms), Client (You). All work undertaken by Platinum Creative (PC) is subject to these Terms which the Client is deemed to accept upon instructing PC to undertake work of any nature. Any changes we make to our Terms in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our Terms. These Terms are effective from 1 January 2018.
‘Client’ means the person giving instructions to PC. ‘Contract’ or ‘contract/project’ means each and every contract between PC and Client on these Terms as a result of the PC accepting Client’s instructions.
2.1 Where PC has submitted a quotation to Client this quotation will be open for acceptance for period of time stated in the quotation but PC shall by notice be entitled to withdraw the quotation at any time.
2.2 Certain work is undertaken on the understanding that the quotation provided is an estimate only and that the final amount payable will be calculated upon ascertaining the amount of work involved.
2.3 The existing rate per hour is £96.00 plus VAT. Platinum Graphics (PC) retains the right to modify this rate, providing a 30-day notice.
2.4 Platinum Graphics (PC) retains the right to modify the rate quoted for annual website Support and Maintenance and Secure Socket Layer (SSL) annually or by providing a 30-day notice.
3.1 On Client approval of proofs Client warrants that the written and visual content of the material produced by PC is correct, that it conforms with Client's specification and requirements and that it complies with all relevant legislation and regulations. Client approval of proofs will be PC’s authority to publish or supply finished materials.
3.2 If Client wishes to change, reject, defer, cancel or stop all or any work-in-hand or intended to be put in-hand PC will take all reasonable steps to comply provided it can do so within its contractual obligations to media, suppliers and other third parties. Client shall indemnify PC for all resulting losses, liabilities and claims suffered by PC, pay PC fees and reimburse expenses up to such time.
3.3 Where PC supplies artwork either in digital form or hard copy, it is Client’s responsibility to approve final artwork. PC accepts no liability for errors arising after delivery of artwork to Client or at Client’s instructions after processing by PC.
4.1 Client may, subject to payment of all fees and expenses due or becoming due in respect of work done or committed to be done, terminate the contract/project upon giving the length of notice specified in any special written terms, but not otherwise. If no length of notice is specified in any special written terms the period of notice shall be 30 days.
5.1 PC will invoice Client monthly or at agreed stages of completion or less frequent intervals as it may decide in respect of all or any work other than Media Services undertaken up to the date of all the invoice and/or in respect of expenses incurred or to be incurred by PC. Payment is due 30 days from the date of the invoice, or as otherwise provided for in these Terms or stated in the invoice or agreed by PC in writing.
5.2 PC will require payment in advance prior to mailing or postage costs for direct mail and PC will not release mailing until payment by client is cleared. Client will pay PC within 7 days of date of invoice for contractual payments made by PC in advance of commencement of work by a supplier unless otherwise agreed.
5.3 Amounts payable by Client will be subject to value added tax at the applicable rate. Client’s responsibility for VAT is not affected by any omission of VAT from a quotation or invoice.
5.4 All accounts remaining unpaid by the due dates will incur a charge to interest at 3% per annum above The Bank of England plc base rate from time to time, accruing daily. This clause is without prejudice to any other rights and remedies that PC may have.
5.5 All payments due to be made in respect of any invoice rendered by PC to Client shall be made without deduction, legal or equitable set off or counterclaim.
5.6 Platinum Graphics (PC) reserves the right to take down any Client website from the Internet if payment(s) for Support and Maintenance, as well as SSL Certificate, exceed 30 days from the date of invoice.
6.1 All concepts, ideas, rates, projections and forecasts submitted by PC are of a confidential nature and are submitted to Client on the understanding that they are considered by Client in the strictest confidence and that no use shall be made of the said concepts, ideas, rates, projections and forecasts including communication to a third party, without PC’s express consent.
6.2 PC shall not disclose confidential information supplied by the Client or obtained as a result of PC’s engagement but Client acknowledges PC’s right to use any general information and research which PC has gained during this engagement.
7.1 PC shall not be liable for loss or damage suffered or incurred by Client as a result of any delay or failure in mailing or of reproduction or in meeting targets or start dates of advertising or for errors or otherwise arising out of PC’s performance of any contract/project where it is due to it’s negligence and/or breach of contract/project. PC’s liability for negligence or breach of contract/project in respect of each event or series of connected events shall be limited as follows:
7.1.1 Any loss or damage suffered as a result of any virus or other hostile computer file being emailed to the Client’s computers or computer systems. PC will take necessary measures to ensure files have been virus checked. All contracts/PROJECTS are entered into on the understanding that client has effected insurance against or accepted the risks arising in this sub-clause 7.1.1
7.1.2 PC shall not in any event be liable for any loss or damage arising as a result of circumstances beyond it’s control (including industrial action)
7.1.3 PC shall not be liable for any loses, liabilities or damages, costs, claims, charges and expenses suffered or incurred by Client as a result of any acts or omissions of a third party where such third party has been instructed or nominated to act by Client or any other party in connection with the performance of any contract. For the avoidance of doubt it is immaterial whether or not PC has entered into a contract with such nominated third party.
7.2 Where any contract comprises operations such as creative work, printing or mailing, then any failure or delay by PC (whether actual or anticipated) in completing subsequent stages of the Contract shall not affect Client’s liability to pay amounts invoiced for work already completed.
8.1 PC shall retain the copyright of any material contained in any presentation made in competition with any other consultancy (whether successful or not) or otherwise.
8.2 At termination of this Contract unused or unpublished advertising plans and ideas prepared by PC, whether the subject of copyright or not, shall remain the property of PC and shall not be used by the Client thereafter, regardless of whether or not the physical embodiment of any creative work is in the Client’s possession of any form of copy/artwork.
8.3 PC creates work specifically to a brief from the Client and levies charges accordingly. Where the Client wishes to use work created by PC for purposes not specified within the original brief, or wishes to use work outside the UK where such use was not originally specified, PC can levy additional charges for such usage prior to granting rights to Client for use of such work.
8.4 PC will not knowingly infringe any trademark, patent or other intellectual property rights and accordingly gives no warranty that any material produced does not infringe on any such rights.
8.5 Client will indemnify PC against any liability it may incur as the result of any claims or proceedings brought against it based on material originating from Client or from the use of material by any third party authorised by the Client.
8.6 Client shall inform PC forthwith if it considers any statement in any copy produced by PC is false or misleading. Client agrees to supply PC forthwith when requested by PC with objective evidence in support of any assertations made or intended to be made on Client’s behalf.
8.7 PC will not knowingly infringe on any copy that may be copyright to another company/organisation. It’s the clients responsibility to confirm that they’ve checked and approved the copy. On final sign off of each project the client will indemnify PC against any liability it may incur as the result of any claims or proceedings made.
9.1 PC reserve the right to retain all source files that have been designed/artworked in a design application. Print ready pdf’s can be supplied as outlined in point 10.1.
10.1 PC will securly archive artwork for up to 5 years. Clients may request non-editable print ready pdf’s within the period stated. Please note that PC reserve the right to charge for the time to collate and send requested files that are older than 2 years.
11.1 PC will retain files/artwork/pdf’s as outlined in point 10.1 but cannot held responsible for files/artwork/pdf’s becoming corrupt after 2 years.
12.1 PC work with typefaces/fonts that are licensed for individual Client’s. This includes fonts used for a clients logo and those outlined in the Client’s brand guidelines. Client will indemnify PC against any liability it may incur as the result of any claims or proceedings brought against it based on typefaces/fonts originating from the Client or from the use of material by any third party authorised by the Client.
13.1 PC purchase stock images that are licensed for individual clients. Client will indemnify PC against any liability it may incur as the result of any claims or proceedings brought against it based on photographs originating from the Client or from the use of material by any third party authorised by the Client.
14.1 Client will comply with the requirements of the Data protection Act 1988 and any statutory modification or re-enactment thereof.
14.2 Client indemnifies PC against any loss or expense that PC may incur from proceedings brought against PC as a result of any failure by Client to comply with Data Protection legislation.
15.1 Please also note that colour may vary between monitors and printers – the colour on the Client’s monitor or printer may not be exactly the same as the colour that is printed. If precise colour-matching is critical to the job, PC recommend a press-printed proof which can be quoted separately. Due to the variety of materials and manufacturing processes utilised by PC and our suppliers, no guarantee can be given to match each printed or supplied product colour exactly. PC will endeavour to match as closely as possible to the colour references required, but cannot be held liable for any variations that may arise.
16.1 If there is a defect with the product, the Client must notify PC within 5 business days of receiving your order. In order for us to replace your order, we will arrange to collect the full order. On assessment if PC are responsible for any errors in print quality, we will organise a reprint.
17.1 Every effort will be made to ensure projects are delivered on time, but any delivery day or lead time specified is an estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. Delivery is included within the order unless previously outlined. Lead times will be from the date/time we receive final proof approval unless otherwise stated. The risk of the goods shall pass to you on delivery. All goods delivered, remain the property of PC until payment is received in full.
18.1 These Terms, together with any quotation, agreed specification and special written terms issued to Client, constitute the whole contract/project between Client
18.2 No variation to these Terms shall be effective unless made in writing and signed by a duly authorised employee of PC.
19.1 “The client warrants that any artwork, logos, design elements, graphics, text, or other components that has been submitted to PC for printing (the “Materials”) do not infringe on the intellectual property rights, including copyright and trademark rights, of any third party. The client agrees to indemnify PC against any damages, losses and expenses, including legal fees, arising out of or resulting from claims that the Materials infringe on the intellectual property rights of third parties.”
20.1 These Terms and each Contract shall be governed by and construed in accordance with Scottish and English law. Both parties submit to the exclusive jurisdiction of the Courts of Scotland, England and Wales
21.1 Order Approval
Client is fully responsible for final proof and layout approval prior to the printing process.
Platinum Creative is not liable for errors in a final product caused by any of the following reasons: misspelling, grammar, punctuation, wrong design approval, or wrong colour approval.
Please check the PDF file carefully to make sure all the content is correct – both the type and graphic elements. It is your responsibility to look over this proof for any typographic or content errors. Approving this job assures us that everything is accurate and you will not hold Platinum Creative responsible for any errors. If you have any questions or problems let us know as soon as possible by calling us on 0131 343 2007. Please also note that colours vary between monitors and printers – the colour you see on your monitor or printer may not be exactly the same as the colour that is printed on our press. If precise colour-matching is critical to your job, then we highly recommend a press-printed proof. Otherwise, we cannot guarantee colours will be accurate.
Copyright Disclaimer – please read carefully. By authorising us to proceed into production, you acknowledge that you have read and understood the following statement:
“Client warrants that any artwork, logos, design elements, graphics, text, or other components that it has submitted to Platinum Creative for printing (the “Materials”) do not infringe on the intellectual property rights, including copyright and trademark rights, of any third party. Client agrees to indemnify Platinum Creative. and hold it harmless as to any claims, damages, losses and expenses, including legal fees, arising out of or resulting from claims that the Materials infringe on the intellectual property rights of third parties.”
21.2 Order Cancellation, Returns & Refunds
Once the order has been placed, no refunds will be issued.
Since each order is unique to the client and has no resale value, all sales are final. If we verify that we were responsible for any print quality error, we will reprint the order. No refunds or credit will be issued.
If there is a defect with your product, you are responsible for notifying Platinum Creative within 5 business days of receiving your order. In order for us to replace/reprint your order, you must return 100% of the defective product to us within 15 days.
22.1 PC will use reasonable endeavours to perform the Web Development Services in accordance with any timetable set out in the Proposal; however, PC does not guarantee that timetable will be met (and time of delivery of the Services is not of the essence).
22.2 PC will use reasonable endeavours to deliver the Website to the Client for acceptance testing on or before the Delivery Date.
22.3 During the Acceptance Period and / or any Extended Acceptance Period, the Client may carry out acceptance tests on the Website to determine: (a) whether the Website conforms in all material respects with the Website Specification; and (b) whether the Website has any material Defects.
22.4 If the Website does not, in the Client’s reasonable opinion, meet the Acceptance Criteria: (a) the Client shall send to PC a written notice during the Acceptance Period and / or the Extended Acceptance Period (where relevant) setting out in detail the respect(s) in which the Website does not meet the Acceptance Criteria; and (b) PC shall have a further remedial period (of twenty (20) Business Days from the date of notification (“Remediation Period”)) to modify the Website so that it meets the Acceptance Criteria, if and to the extent that PC deems such modifications necessary.
22.5 The Website shall be deemed to have been accepted by the Client if: (a) the Client has given written notice of acceptance; (b) the Client does not give any notice to PC before expiry of the Acceptance Period and / or Extended Acceptance Period (c) the Client publishes the Website or uses the Website for any purpose other than development and / or testing.
Maintenance and Hosting Services shall be provided in all material respects in accordance with the terms set out in the Proposal.
24.1 The Client acknowledges that PC’s ability to provide the Services is dependent upon the full and timely co-operation of the Client (which the Client agrees to provide), as well as the accuracy and completeness of any information and data the Client provides to PC.
24.2 The Client will be responsible for procuring any third party co-operation reasonably required by PC to enable Pc to fulfil its obligations under the Agreement.
25.1 The Client warrants to PC that the Client Works do not contain any Unsuitable Content.
25.2 The Client shall indemnify and keep indemnified PC against all damages, losses and expenses (including legal expenses) arising as a result of any action or claim that the Client Works constitute Unsuitable Content, or any legal proceedings relating to such a claim.
25.3 The Client acknowledges that PC has no control over any content placed on the Website or SEO Website by visitors to the Website or SEO Website and does not purport to monitor the content of the Website or SEO Website. PC reserves the right to remove content from the Website or SEO Website where it reasonably suspects such content is Unsuitable Content.
