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01234 834 830
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New business enquiry? Contact Stephen
hello at designagency dot co.uk
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working at designagency dot co.uk
Terms & Conditions
This document is to be viewed by all involved parties as a
binding and insoluble contract in agreement to the terms stated
below. After starting any job with Armcom Communications Ltd, you
authorise Armcom Communications Limited and its associated
companies (hereafter referred to as "Armcom") to proceed with the
creation of the service's/product's as discussed with the sales
representative and confirmed on the Job Approval.
Office Hours
Armcom's office hours are 9am - 5.30pm, Monday to Friday.
Telephone calls received out of hours will be diverted to our
answering machine and dealt with on the next working day. Where
staff mobile telephone numbers are provided, we ask that you
exercise discretion when calling out of hours and only call in
emergencies, as in some cases these are also the staff's personal
telephones. We appreciate your understanding.
Contacting Armcom
In
order to deal more effectively with your queries, we ask that you
put any questions to us in writing. This system allows us to
distribute questions to the appropriate departments, and thereby
respond to you, more efficiently. There are three ways to contact
us: Email: info@Armcom.co.uk & for amendments or updates please
email: info@armcom.co.uk, post: The Innovation Centre, Priory
Business Park, Bedford, MK44 3RZ
or call: 01234 834 830
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 Armcom 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.
Print Proof Agreement
If the sales representative has provided you with a proof, your
signing this agreement confirms that you agree to the design and
contents of the printed document as depicted on the proof. By
signing this agreement, you absolve Armcom of all liability for any
errors, omissions or discrepancies which may be present on the
proof. Once you have signed this agreement and proof if supplied,
you are not able to make any changes to the final product, nor are
you able to hold Armcom responsible for anything you are unhappy
with. This contract revokes your right to take any kind of action
against Armcom for any aspect of the work with which you are later
dissatisfied. Signing this contract means that, as long as the
finished product is as discussed with the sales representative and
consistent with the proof if supplied, you must pay in full for the
work. This fact applies whether or not you later take issue with
any aspect of the product. These terms are final and
non-negotiable. This is your final opportunity to make changes to
the content.
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. We accept no responsibility, under any circumstances, for any
mistakes present on the completed work, as the signing-off of a
proof absolves us of all liability (see "Proof Agreement" above).
Once the proof is signed off or agreed, whether verbally or via
email, we incur a film / plate(s) charge and this is passed on to
you as part of the total charge (see "Price Breakdown"). Any
changes made after a proof is signed off will result in a further
film / plate(s) charge.
Print Quality (Print Only)
Every effort will be made to obtain the best possible colour
reproduction on customer's work but because of the nature of the
processes involved, Armcom cannot guarantee an exact match in
colour or texture between any materials with which you supply us,
and the printed article. Our budget business cards do not have a
guaranteed specification and we reserve the right to vary stock or
quality as either we see fit, or circumstances/availability
dictate. If the exact specification is important, the cards must be
ordered as a bespoke job.
Quantity Supplied (Print Only)
Every effort is made to produce the exact quantity of items
ordered. However, some variation is inherent in the print process
and so you accept that minor variations in quantity are possible.
These do not affect the price charged.
Claims (Print Only)
Advice of damage, delay or partial loss of goods in transit or of
non-delivery must be given in writing to Armcom 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 Armcom and the carrier within seven clear days
of delivery (or, in the case of non-delivery, within 42 days of
dispatch). All other claims must be made in writing to Armcom
within 28 days of delivery. Armcom 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
(i) it was not possible to comply with the requirements and
(ii) advice (where required) was given and the claim made as soon
as reasonably possible.
Standing Material (Print Only)
All materials (including but not limited to film, plates,
negatives and positives) produced and used by Armcom during the
production process remain the property of Armcom. Where these
materials are provided by the client, they remain the property of
the client. Armcom 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 (Print)
New customers agree to pay a deposit of 40% of the final bill upon
ordering, and to pay the outstanding balance on delivery of the
completed work. Existing customers agree to adhere to the terms
stated on the invoice. All deposit payments are
non-refundable.
Website Updates & Site Maintenance
These are charged at £45 per hour (or part thereof) for brochure
websites and £60 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 brochure websites is charged yearly in advance £250
plus VAT per year thereafter. No clients or third parties
will be granted FTP (File Transfer Protocol) access to our servers
or any of our affiliates. Where a CMS (Content Management System)
licence and functionality is purchased, hosting is charged from
£300 plus VAT per annum. One pop email account is provided, all
additional email addresses will be forwarded to this or another
email address which must be provided by the client. Armcom take no
responsibility for any loss of business through non retrieval of
emails, bounced messages or undelivered electronic mail. Armcom
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 Armcom 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 Armcom on the client's
behalf.
It is not Armcom's responsibility if there is a delay in
the transfer of a domain name held with another provider, and this
will not be accepted as a reason to delay payment in full of all
outstanding monies.
Systems
Any systems, including eCommerce and Content Management System,
provided to the client remain the intellectual property of Armcom
Communications Ltd. and as such no access is given to the source
code or database. Systems cannot be transferred away from our
provided hosting solution. E-commerce/CMS
E-commerce/CMS systems
will be provided as an empty shop/site, and training will be given
to the client(s) on using the system. A delay in the client
populating the e-shop/site will not be accepted as a reason for
delayed payment as, once it is ready to be populated and training
has been given, Armcom's job is done. Armcom offers a service to
populate the client's shop site/CMS on their behalf, and prices are
available on request for this service. This does not include any
photography, and where clients feel unable to create their own
imagery of products, a photographer must be sought. Armcom are
happy to recommend independent photographers where necessary, but
the contract will be between the client and said photographer.
Additional training and support packages are available, and again
the prices for these services are available on request.
Bespoke
Systems
In the case of a bespoke solution (website), upon
settlement of all outstanding monies due to Armcom for the
development / design of such solution, full copyright and title
will pass to the client.
Warranty
Armcom 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 Armcom 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
Armcom 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 Armcom: 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 40% 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 Armcom 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.
Copyright
Unless negotiated and agreed in writing, the copyrights of general
artwork, commissioned artwork, illustrations, website design,
programming and copy belong to Armcom. If you supply us with
material, it is your responsibility to obtain all necessary
copyrights for its use, and we assume that you possess these. In
such cases, the copyright belongs to you. By signing this
agreement, you agree to indemnify Armcom from any claim which
arises regarding the use of material with which you supply us. We
reserve the right to use any artwork or printing we produce for the
purposes of promoting our services unless you request otherwise in
writing.
Quotes/estimates
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.
Illegal Matter
Armcom reserves the right not to print 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
Armcom accept no liability whatsoever for consequential or third
party losses, resulting in a delay in delivery howsoever
caused.
Financial Loss
Armcom accept no liability whatsoever for financial loss or loss
of earnings arising from products or services provided by
Armcom.
Force Majeure
Armcom 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
Armcom shall not be liable for any loss to the
customer arising
from delay in transit caused by circumstances beyond Armcom's
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 current stage and materials. This invoice 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, Armcom,
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
Armcom 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.