Conditions of Business:
1.1 These terms and conditions (‘the terms’) govern every contract made between Visual Identity for the supply of goods and services to any person, firm or company (‘the client’).
1.2 The terms prevail over any written terms and conditions of the client.
1.3 Any variation to the terms must be agreed in writing by a director of Visual Identity.
1.4 All contracts between Visual Identity and the client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
1.5 The individual placing the order in the name of the client, must be legally authorised to place the order for the client.
2. Price and payment
2.1 The client will pay Visual Identity the fee or quotation charge – whichever is agreed at the time of
2.2 Visual Identity will invoice the client at 30 days if feedback is not received to progress the clients project.
2.3 Invoices from Visual Identity to the client for supply of goods or services should be paid within 30 days from receipt of invoice. Visual Identity accepts cash, personal and company cheques, and BACS Direct Credit payment.
2.4 If the client does not have a pre-arranged credit account with Visual Identity, goods or services must be paid for on collection of the completed job.
2.5 Visual Identity reserves the right (without disclosing a reason) to demand payment for work on collection at any time.
2.6 The client will pay Visual Identity any expenses incurred in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
3.1 Orders for work must be given in writing to Visual Identity by the client.
3.2 Not withstanding clause 3.1, if Visual Identity accepts a verbal order from the client. Visual Identity will not be held responsible for any mistakes (made by either party) arising from that verbal order.
3.3 Visual Identity reserves the right to refuse to accept any order.
4.1 All quotations given by Visual Identity will be valid for 30 days from the date of quotation.
4.2 If the clients final order changes from the original specification made for the quotation, Visual Identity reserves the right to vary the quotation.
5. Turnaround times
5.1 Turnaround times quoted are normal target times only and Visual Identity accepts no liability for
failure to meet these times due to any un foreseen circumstances.
5.2 Visual identity is open on weekdays from 9 am to 5.30 pm. Out of office hours working will be subject to an additional cost.
6. Image sizes
6.1 Clients must provide high resolution images suited to the offset printing process. Visual Identity is not
liable for images printing poorly due to the client providing low resolution files.
7. Print finish
7.1 Visual Identity will reproduce colour from digital files as closely as possible, but may not exactly match color and density due to limitations in the proofing and printing process. A reasonable variation in colour between original materials, proofs and the completed order, will be considered acceptable print quality.
7.2 Unless stated by the client, Visual Identity will decide, at its sole discretion, which print finish or stock to use (either semi-matt or gloss).
7.3 Repro proofs are mandatory and must have signed and dated approval to be signed and dated prior to printing stage.
7.4 Printing time may vary.
7.5 Should the client elect to purchase the print, Visual Identity will not accept liability for loss, damage or negligence which may be suffered or incurred, directly or indirectly with respect to the print stage.
8. Errors and Omissions
8.1 Visual Identity is not responsible for errors and omissions approved by the Client. The client is solely responsible for errors missed during the proofing process of either artwork supplied by the client or artwork created by Visual Identity.
8.2 If a mistake is noticed before printing begins and needs to be corrected, the client will be responsible for all related costs.
9. Colour balancing
9.1 Visual Identity will, if requested by the client, scan images to a colour balance provided by the client
by way of reference prints or polaroids.
9.2 If no such request or reference material is provided by the client Visual Identity will scan and/or print images using its own ‘judgement’ for colour balancing.
10. Uncollected work
10.1 If any items of work including prints and original files belonging to a client are not collected after 12 months of the requested work being done, Visual Identity reserve the right to dispose of such material.
11. Copyright and moral rights
11.1 Visual Identity claims no copyright in material submitted to us for the purposes of fulfilling the clients
11.2 The client warrants that the client owns or controls all rights, has obtained all copyright, or has permissions, consents and waivers that as are now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by Visual Identity.
11.3 The client also warrants that no copyright or moral rights will be infringed by Visual Identity carrying out the requested work.
11.4 The client agrees to indemnify Visual Identity against all losses, damages, claims or expenses which Visual Identity may incur by virtue of any breach of the above warranties.
11.5 All intellectual property rights remain with Visual Identity until payment.
11.6 All creation files remain the property of Visual Identity.
11.7 Visual Identity retains the copyright and the right to use all artwork created in advancing the profile of Visual Identity and to be recognised for all artwork created by Visual Identity.
12. Website and data transmission
12.1 Visual identity does not offer hosting, nor does it have any control over the status of your website or
12.2 Any problems with technical aspects of websites are to be taken up with your service provider.
12.3 In the case where the client has no hosting service, Visual identity will recommend one, however the client understands that the agreement is between them and the service provider.
12.4 Visual identity will not be held responsible for any sites or email that is/are temporarily unavailable.
12.5 Visual identity is not responsible for backing up of website, hosting solutions or email.
12.6 Visual identity is not responsible for transferring domains or setting up your email, however we may choose to do so for an additional cost.
12.7 In order for Visual identity to upload your website, you will be required to provide the FTP details.
12.8 Visual identity will not be held responsible for any damages resulting from websites being down, unavailable, infected by viruses, deleted or any other reason.
12.9 Visual identity can not determine the size of space your website will require or the traffic that you may use.
12.91 Any content changes to new websites, must be done within one week of the site going live or for an additional cost.
12.92 Visual identity is also not responsible for your dialup connection or any other connectivity.
12.93 It is the clients responsibility to supply all content for any web maintenance.
12.94 Quotes on websites do not include website registration with search engines or site optimisation, but meta tags will be included on your submission.
12.95 All the conditions in printing apply to website and internet as well, and visa versa.
12.96 All content is assumed to be approved by the client in any media.
12.97 Visual Identity will not accept responsibility for loss of earnings to the client for untransmissable data. It is solely the responsibility of the client to ensure the receiving end of the transmission has an active compatible computer. It is also the responsibility of the client to ensure the correct electronic address is given to Visual Identity.
13.1 The client must contact Visual Identity concerning details of an invoice within 7 days of the date of
13.2 Visual Identity’s liability to the client or any other party for the loss including theft, or destruction or damage to any materials provided by the client which are deposited with Visual Identity for whatever reason;-
13.2.1 Will be limited to the replacement cost of the actual material and;
13.2.2 Visual Identity will not be liable for the cost of reshooting or reprinting the material contained on the material and;
13.2.3 Visual Identity will not be liable for any loss or damage to the client or any other party including loss of income and;
13.2.4 It is the clients responsibility to insure against such loss and damage.
13.3 Visual Identity will not be liable for failing to complete any contract between Visual Identity and the client due to circumstances beyond Visual Identity’s control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.