Terms and Conditions
1. Price variation - Estimates are based on current costs of production and, unless otherwise agreed, are subject to
amendment on or at any time after acceptance to meet any rise or fall in such costs. Any work required by the customer
over £200 Lime Design North Ltd will require a deposit of 33% of the total cost.
2. Tax - Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, Lime Design (North) limited reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
3. Preliminary work - All work carried out, whether experimentally or otherwise, at customer's requests shall be charged.
4. Copy - A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
5. Proofs - Proofs of all work may be submitted for customer's approval and shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customer's alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to Lime Design (North) Limited's judgment, changes there from made by the customer shall be charged extra.
6. Delivery and payment - (a) Delivery of work shall be accepted when tended and there upon or, if earlier, on notification that the work has been completed payment shall become due. (b) Unless otherwise specified the price quoted is for delivery of the work to the customer's address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address. (c) Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved. (d) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days Lime Design (North) Limited shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
7. Variations in quantity - Every endeavor will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5 per cent for work in one colour only and 10 per cent for other work being allowed for over’s or shortage (4 per cent and 8 per cent respectively for quantities exceeding 50,000) the same to be charged or deducted.
8. Claims Advice or damage - Delay or partial loss of goods in transit or of non-delivery must be given in writing to Lime Design (North) Limited and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to Lime Design (North) Limited and the carrier within seven clear days of delivery (or, in case of non-delivery, within 42 days of dispatch). All other claims must be made in writing 28 days of delivery. Lime Design (North) Limited shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (a) it was not possible to comply with the requirements and (b) advice (where required) was given and the claim made as soon as reasonably possible.
9. Liability - Lime Design (North) Limited shall not be liable for any loss to the customer arising from delay in transit not caused by the printer.
10. Standing material - (a) Metal, film, glass and other materials owned by Lime Design (North) Limited and used by Lime Design (North) Limited in the production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives and the like shall remain Lime Design(North) Limited's exclusive property. (b) Type may be distributed and the lithographic, photogravure or other work effected immediately after the order is executed immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.
11. Customer's property - (a) Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, customer's property and all property and all property supplied to Lime Design (North) Limited by or on behalf of the customer shall while it is in the possession of Lime Design (North) Limited or in transit to or from the customer be deemed to be at customer's risk unless otherwise agreed and the customer should insure accordingly. (b) Lime Design (North) Limited shall be entitled to make reasonable charge for the storage of any customer's property left with Lime Design (North) Limited before receipt of the order or after notification to the customer of completion of the work.
12. Materials supplied by customer - (a) Lime Design (North) limited may reject any paper plates or other materials supplied or specified by the customer which appear to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by Lime Design (North) Limited in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer. (b) Where materials are so supplied or specified, Lime Design (North) Limited will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defect in or unsuitability of materials so supplied or specified.(c) Quantities of materials supplied shall be adequate to cover normal spoilage.
13. Insolvency - If the customer ceases to pay debts in the ordinary course of business or cannot pay his debts as they become due or being a company deemed to be unable to pay 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 him, Lime Design (North) Limited without prejudice to remedies shall (i) have the right not to proceed further with contract or any other work of already carried out (whether completed or not) and materials purchased for the customer, such charge to be immediate debt due to him and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in his possession (whether worked on or not) 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 he thinks fit and to apply the proceeds towards such debts.
14. Title - To the goods shall not pass to the purchaser until payment in full of the price therefore. Until such payment the Purchaser shall have possession of the goods as bailee for the Seller and shall store the goods in such a way to enable them to be identified as the property of the Seller provided that if the Purchaser is purchasing the Goods for resale the Purchaser may as agent for the Seller sell and deliver the Goods to a third party in the ordinary course of the Purchaser's business on condition that until such payment as aforesaid the Purchaser shall hold all proceeds of such sales in trust for the Seller and in a separate account. The Purchaser hereby assigns to the seller all rights and claims which the Purchaser may have against its customers arising from such sales until payment is made in full as aforesaid. (i) The seller reserves the right to repossess any Goods in respect of which payment is overdue and thereafter to re-sell the same and for this purpose the Purchaser hereby grants an irrevocable right and license to the seller's servants and agents to enter upon all or any of its premises with or without vehicles during normal business hours. This right shall continue subsist not wit standing the termination of the Contract for any reason and is without prejudice to any accrued rights of the seller there under or otherwise.
15. Illegal matter - (a) Lime Design (North) limited shall not be required to print any matter which in their opinion is or may be of an illegal or libelous nature or an infringement of the proprietary of other rights of any third party. (b) Lime Design (North) Limited shall indemnified by the customers in respect of any claims, costs and expenses arising out of any libelous matter or any infringement or copyright, patent, design or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any accounts paid on a lawyer's advice in settlement of any claim.
16. Periodical publications - A contract for the printing of a periodical Publication may not be terminated by either party unless 13 weeks’ notice in writing is given in the case of periodicals produced monthly of more frequently or 26 weeks’ notice in writing is given in the case of other periodicals. Notice may be given at anytime but wherever possible should be given after completion of work on any one issue. Nevertheless Lime Design (North) Limited may terminate any such contract forthwith should any sum due thereafter remain unpaid.
17. Force Majure - Lime Design (North) Limited shall be under no liability if they shall be unable to carry out any provision of the contract for any reason beyond their 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 the customer may be written notice to Lime Design (North) Limited elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
18. Law -These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
1.1 The contract between Lime Design (North) Ltd and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2 CONTACT METHOD
2.1 Email will be the method of contact with regard to all communication for the website design & development. It is the Client's responsibility to inform us of any change in email address so we always have up to date email contact details. Lime Design (North) Ltd cannot be held liable in any way relating to communication issues if we are not supplied a valid email address. Lime Design (North) Ltd will acknowledge all emails within 5 working days.
2.2 If a customer's conduct via telephone is considered unreasonable we will insist on email communication only. Lime Design (North) Ltd reserve the right to cancel a contract should customer contact be in breach of our anti-harassment policy (*). Calls made to our office and mobiles are monitored and recorded.
3.1 All fees payable by the Client to Lime Design (North) Ltd shall be paid in full, without set off or deduction. Lime Design (North) Ltd reserves the right to suspend or terminate hosting services if fees are not paid on or before the due date.
3.2 If the Client does not use Lime Design (North) Ltd hosting services, then the management and hosting of the domain name are the full responsibility of the Client.
3.3 Should the Client wish to transfer their website hosting away from Lime Design (North) Ltd, a £50 admin charge will be issued, which must be paid before the transfer takes place.
4 DOMAIN NAMES
4.1 Domain names will be registered by Lime Design (North) Ltd and also registered to Lime Design (North) Ltd current address. Although the domain names are registered to Lime Design (North) Ltd, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Lime Design (North) Ltd will do this within a reasonable timeframe.
4.2 It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Lime Design (North) Ltd cannot be held liable for this. However, Lime Design (North) Ltd will make reasonable effort to contact the Client regarding domain renewal.
4.3 If the Client does not use Lime Design (North) Ltd to register the domain name, then the management of the domain name will be the full responsibility of the Client.
4.4 Should the Client wish to transfer a domain name away from Lime Design (North) Ltd, a £50 admin charge will be issued, which must be paid before the transfer takes place.
5. SEARCH ENGINE OPTIMISATION (SEO)
5.1 Where asked to provide search engine optimisation for a Client, Lime Design (North) Ltd do not guarantee any specific placement or high ranking on search engines.
5.2 Lime Design (North) Ltd do not take any responsibility for the Client’s website rank on search engines. Every effort will be made to achieve the best possible ranking for any specified keyword or phrase, but Lime Design (North) Ltd shall not be held accountable for circumstances beyond our control, such as search engine algorithm shifting, search engine flux or other anomalies.
6.1 The Client shall make a non-refundable Preliminary Payment of 33% by way of deposit prior to the commencement of provision of the Services. No work shall begin until the Preliminary Payment is received by Lime Design (North) Ltd. If quoted price is above £1,500 a non-refundable Preliminary Payment of £500 will be required by way of deposit
6.2 The remainder of the Quoted Price shall be payable on completion.
6.3 Lime Design (North) Ltd and the Client agree that costs incurred by Lime Design (North) Ltd through services that are supplementary or incidental to the performance of the Services that are not included in the Project Proposal shall be paid in arrears by the Client to Lime Design (North) Ltd. Lime Design (North) Ltd shall not use such services without the prior consent of the Client.
6.4 Lime Design (North) Ltd reserves the right to suspend provision of the Services in the event that any amounts due from the Client are not paid on time. Provision of the Services shall resume upon receipt of cleared funds amounting to all amounts due by Lime Design (North) Ltd. Lime Design (North) Ltd shall not be liable for any project delays occasioned by the Client’s failure to make required payments on time.
6.5 The Client shall pay all required sums upon receipt of invoices for the same. In the event that invoices remain unpaid for 7 days after invoice due date, the amount due will be subject to a £40 late fee.
6.6 All payments must be made by the Client before the invoice due date, unless agreed otherwise. If an invoice remains unpaid after 14 days, Lime Design (North) Ltd reserves the right to close any website associated with the Customer. If an invoice remains unpaid after 30 days, Lime Design (North) Ltd reserves the right to remove access to any email facilities. If an invoice remains unpaid after 60 days, Lime Design (North) Ltd may begin legal proceedings to reclaim all costs.
6.7 If any project is postponed or cancelled after the initial design is complete, all work shall continue to be invoiced in full and completed according to the Customers’ continuation date.
7 OWNERSHIP OF SITE MATERIALS
7.1 Lime Design (North) Ltd shall retain legal ownership of all Site Materials created by them under this Agreement until all charges are paid in full by the Client. Upon receipt by Lime Design (North) Ltd of all sums due, legal ownership shall be immediately assigned to the Client.
7.2 The Client shall retain ownership of all Site Materials owned by them prior to entering into this Agreement. No property shall be assigned to Lime Design (North) Ltd by the Client at any time.
8. INTELLECTUAL PROPERTY
8.1 All Site Materials provided by the Client and the copyright, design rights and trademarks therein shall remain the property of the Client. Lime Design (North) Ltd shall use such Site Materials under licence for the sole purpose of providing the Services to the Client.
8.2 The Client warrants that they have obtained all relevant permissions and rights for the use of any Site Material that they provide that are owned by, or were otherwise created by, a third party.
8.3 The Client agrees to fully indemnify and hold Lime Design (North) Ltd free from any and all claims for intellectual property infringement that may arise out of the Client’s failure to obtain the required permissions and rights for the use of any Site Material provided.
9.1 Where images used on the website have been purchased by Lime Design (North) Ltd on behalf of the Client, these images are strictly for use on the website only. Lime Design (North) Ltd are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
10. OPEN SOURCE SOFTWARE
10.1 It is the Client’s responsibility to check with Lime Design (North) Ltd whether Open Source Software is being used or not.
10.2 The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by Lime Design (North) Ltd or the Client.
11.1 Lime Design (North) Ltd reserve the right to employ any individual, company or firm to carry out work relating to any project.
12.1 Lime Design (North) Ltd and the Client hereby agree that time shall not be of the essence. Lime Design (North) Ltd shall provide a completion time in the Project Proposal but shall not be responsible for any project over-runs, irrespective of the cause.
13.1 Lime Design (North) Ltd shall place a text link on the footer of the Clients website that simply states the website was designed by Lime Design (North) Ltd and links to our company website.
14. QUOTATIONS AND COSTS
14.1 Our quotes are valid for 30 days.
14.2 Our hourly rate for updates and maintenance is £35.00 p/hr. Any work outside an agreed list of deliverables, in the absence of a quote or due to author's changes is charged at this rate.
14.3 Our hourly rate for basic text updates is £20.00 p/hr.
15. FORCE MAJEURE
15.1 Neither Lime Design (North) Ltd or the Client to this Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control Lime Design (North) Ltd or the Client. Such causes include, but are not limited to, power failure, Internet Service Provider failure, 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 Lime Design (North) Ltd or the Client.
16. LAW AND JURISDICTION
16.1 This Agreement shall be governed by the laws of England and Wales.
16.2 Any dispute between the Parties relating to this Agreement shall be fall within the jurisdiction of the courts of England and Wales.
17. TERMS AND CONDITIONS
17.1 We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. All changes will be available to view both by request and online at http://www.limedesignnorth.co.uk.
(*) Lime Design (North) Ltd will not tolerate any form of harassment against its employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse towards our employees thereafter any further communication must be via postal mail only.
'We have worked with Lime Design on a number of projects. They are professional, easy to work with and the quality of work is excellent. Highly recommended.'
Quantum Elite Group
'Lime Design made an excellent job designing and producing work for us. It was delivered on time and was good value. I would recommend Lime Design to anyone.'
'We design and print marketing material and websites that help you create more business and do it more efficiently. In addition we offer great value for money and offer unrivalled customer service.'