OUR STANDARD TERMS & CONDITIONS
THE FIVE FINGERS DESIGN COMPANY |
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This document is to be viewed by all involved parties as a binding and insoluble contract in agreement to the Terms & Conditions stated below. By signing the sales agreement presented to you by the company, or when you authorise Five Fingers Design Limited or its associated companies or operations (hereafter referred to as "FFD") to proceed with the creation of the product as discussed with the sales representative and confirmed in an order form, email or other form of communication, you are agreeing to abide by our Terms & Conditions contained in this document, a copy of which can be requested directly from FFD.
FFD would prefer it if you accepted a printed copy of this document which you should return to the company, signed by an officer of the company or the person with overall responsibility. However, failing to submit a returned signed version of this document does not constitute non-acceptance of our standard Terms & Conditions contained herein.
FFD reserves the right to amend our Terms & Conditions without notice at any time.
Provision of Materials
You agree to provide us with the specific copy, images and information we require in order to create your product, or to advise us as to where we can locate such materials. We accept no responsibility for your site not being put live/product being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you. If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final product, as these may arise through our lack of specialist knowledge regarding the content of your product.
The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged to you at our standard rate. We accept no responsibility for the delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials. This does not apply if the additional cost could have been avoided but for unreasonable delay on the part of FFD in ascertaining the unsuitability of the materials with which you provide us.
Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
The original price we agree is subject to one set of amendments, and subsequent amendments will be charged for at the prevailing hourly rate.
Print Proof Agreement
FFD will offer to provide you with a proof before progressing to press or any other production format or technique. Your signing this proof confirms that you agree to the design and contents of the printed document, manufactured product or production of any kind, as depicted by the proof. By signing this proof, you absolve FFD of all liability for any errors, omissions or discrepancies which may be present in the final product. It is your choice whether to accept a proof or not. Should you choose not to see and approve a proof before production, you are thereby authorising FFD to instruct the printer, manufacturer or producer directly and you absolve FFD of any liability for any errors, ommisions or discrepancies in the final product.
Making Changes After Proof Stage (Print Only)
If a change is requested, we will do everything we can to make the correction before the printing starts, but we cannot guarantee this. All additional costs will be passed on and there will be subsequent amendment charges costed at our standard studio rates.
Materials
All materials (including but not limited to film, plates, negatives and positives) produced and used by FFD during the production process remain the property of FFD. Where these materials are provided by the client, they remain the property of the client. FFD reserves the right to dispose of lithographic work immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged for the safe-keeping of the materials.
Payment Terms
New customers agree to pay a deposit of 50% of the final bill upon ordering, and to pay the outstanding balance on delivery of the completed work. In the case of digital files, all customers are required to pay in full for all outstanding invoices before delivery of data. All outstanding amounts must have been received into FFD's bank account before delivery of final resolution files, although low resolution proof files will be supplied at FFD's discretion. Existing customers agree to adhere to the basic payment terms stated on each invoice. All deposit payments are non-refundable.
Website Updates & Site Maintenance
These are charged at £35 per hour (or part thereof) for brochure websites and £40 per hour for all others. If you want to introduce new material in the form of extra pages, additional functions, or more information than is already available on your site, this must be paid for as a new job.
Hosting & Email Accounts
Hosting for website is charged from £150 plus VAT per year. (Ask for details about this and our other internet services)
FFD take no responsibility for any loss of business through non retrieval of emails, bounced messages or undelivered electronic mail. FFD take no responsibility for the content of emails including attachments and viruses. Cancellation of any website will result in the withdrawal of the hosting package after 48 hours. All hosting packages are non-refundable. Should the client request that a domain name purchased by FFD on their behalf be transferred to another host, a release fee of £50 + VAT will be charged. Website hosting will be renewed automatically as part of the initial contract, but a notice period of not less than 14 days will be given at the time invoicing. Clients must cancel their renewal in writing within this notice period, otherwise all charges will become payable and cancellation will NOT be accepted after this date, as monies will have been paid by FFD on the client's behalf.
Additional training and support packages are available, and again the prices for these services are available on request.
Warranty
FFD guarantees all of its websites / bespoke software solutions provided to clients insofar as any faults or bugs will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time. Any software provided by FFD proving to be faulty or defective will be repaired / replaced free of charge to the working standard equivalent to launch.
Website Proofs
Once a client has agreed a look and feel proof and instructed FFD to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate.
Exceptions (Web
We accept that certain details regarding your business, such as telephone numbers and email addresses, sometimes change, and that the details placed in a proof are liable to change. To this end we will amend smaller details such as these as part of our construction package. This policy applies throughout your contract with FFD: if a minor detail needs to be amended, we are more than happy to do so, free of charge. Larger changes, such as the creation of a new page or introduction of a new feature on your site, or the sourcing / changing of images are not covered by this policy and must be paid for.
Payment Terms (Web)
You agree to pay a deposit of 50% of the final bill immediately. When we have finished building your site, we will put it live on our own server under a temporary name which we will give you. After we have informed you of the site's location on our server, you have 48 hours to view the site and ask for any amendments to be made. The site can be kept live for a longer period if you specifically request this. After the 48-hour viewing period has elapsed, the invoice will be issued as - apart from minor alterations or transfers onto other domain names - our work on the site is then complete. Once the bill is settled in full, we will put the site live on its own domain name, or - if you have not yet selected one - it will remain live on our server. If you possess your own domain name, we will initiate whatever process is necessary to put the site live once the bill is settled. You are not permitted to point your own domain name to the test site on the FFD server. If this is found to be the case, we reserve the right to remove the site from our server. All deposits are non-refundable.
FFD Logo
The FFD logo and a short line of text are featured as standard, in an unobtrusive location, on all customer websites. This serves as our seal of quality and cannot be removed without specific discussion with our directors.
Quotes
All quotes for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.
Deposit Payments
A deposit payment, howsoever made, constitutes an agreement to the contract to which it relates, and will be accepted by FFD in lieu of a signature on said contract.
Illegal Matter
FFD reserves the right not to produce 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.
Consequential Loss
FFD accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.
Financial Loss
FFD accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by FFD.
Force Majeure
FFD 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.
Liability
FFD shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond FFD control.
Price Breakdown
The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself. Supplying us with suitable material will, therefore, reduce the time spent on design and, thereby, the final charge. VAT is charged at the current Customs & Excise rates and according to current regulations, irrespective of whether or not it is included in a price quotation.
Jobs Put On Hold or Cancelled by the Client
Jobs put on hold or cancelled by the client during production will be invoiced at our full hourly rate based on the number of hours worked and our outlay on materials. This applies irrespective of any package agreements which have been signed, as package discounts only apply if a job is brought to completion. The invoice we issue must be paid in full together with any VAT that falls due accordingly.
Credit Terms
For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 2% above the Barclays base rate at the time and an administration fee to cover the debt recovery costs.
Insolvency
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, FFD, 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.
Data Protection
FFD agrees keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act.
Law
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
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