Design & Print Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by FK Designs.
All work is carried out by FK Designs is done so on the understanding that the client has agreed to the Terms and Conditions as set out below.
At the time of estimation, FK Designs will provide the customer with a written estimate or quotation.
By accepting the estimate or quotation the customer is agreeing to the Terms & Conditions set out herein.
Provision of Materials
You agree to provide us with the specific copy, images and information we require in order to complete the work, or to advise us as to where we can locate such materials. We accept no responsibility for your work not 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. 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 at our standard rate. We accept no responsibility for the delay caused in providing you with the final work as a result of you supplying us with insufficient or unsuitable materials.
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 FK Designs has provided you with a proof (via pdf), your acceptance of this agreement confirms that you agree to the design and contents of the printed document as depicted on the proof. By accepting this agreement, you absolve FK Designs of all liability for any errors, omissions or discrepancies which may be present on the proof. Once you have signed off this agreement (by email) and proof if supplied, you are not able to make any changes to the final product, nor are you able to hold FK Designs responsible for anything you are unhappy with. This contract revokes your right to take any kind of action against FK Designs for any aspect of the work with which you are later dissatisfied. As long as the finished product is consistent with the proof supplied, you must pay in full for the work. These terms are final and non-negotiable.
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 charged and this is passed on to you as part of the total 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, FK Designs cannot guarantee an exact match in colour or texture between any materials that you may have supplied us, and the printed article.
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 FK Designs 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 FK Designs 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 FK Designs within 28 days of delivery. FK Designs 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 FK Designs during the production process remain the property of FK Designs. Where these materials are provided by the client, they remain the property of the client. FK Designs 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 50% 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.
All estimates 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.
FK Designs 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.
FK Designs accept no liability whatsoever for consequential or third party losses, resulting from a delay in delivery or loss in service provided by FK Designs howsoever caused.
FK Designs accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by FK Designs.
FK Designs 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.
FK Designs shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond FK Designs control.
The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself.
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.
For invoices not settled within the agreed credit terms of 14 days from invoice date, 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.
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, FK Designs, 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.
FK Designs agrees to keep the confidential information of its clients confidential.