TERMS AND CONDITIONS

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We Are Approach LTD Terms and Conditions, June 2019

Introduction

These terms and conditions (“the Terms”) govern every contract made between We Are Approach LTD (“Approach”) for the supply of goods and services by Approach to any person, firm or company (“the Client”).

The Terms prevail over any written terms and conditions of the client.

Any variation to the Terms must be agreed in writing by a Director of Approach.

All contracts between Approach and the Client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.

Pricing and payment

The Client will pay Approach the price set out in Approach’s current price list which Approach can change at any time.

Invoices from Approach to the client for supply of goods or services should be paid in full within 30 days of the date of the invoice by cheque/ bank transfer.

 Payment must be made within 30 days of invoice date. Failure to do so will result in interest being charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Interest will be charged at 8% over base rate, calculated daily. Any queries regarding an invoice must be raised within 7 days of invoice date.

Approach reserves the right (without disclosing a reason) to demand payment for work on collection at any time.

The client will pay Approach any expenses incurred by Approach in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).

The Client will pay the full amount in the correct currency on the invoice. The Client shall be responsible for all customs and other duties and all related costs and expenses payable on any international transaction.

Ordering

Orders for work must be given in writing to Approach by the Client.

If Approach accepts a verbal order from the Client then Approach will not be held responsible for any mistakes (made by either party) arising from a verbal order. Approach reserves the right to refuse to accept any order.

Quotations

All quotations given by Approach will be valid for 30 days from the date of the quotation.

If the Client’s final order changes from the original specification made for the quotation, Approach reserves the right to vary the quotation.

Turnaround times

Turnaround times which are quoted in the price list and website are normal target times only and Approach accepts no liability for failure to meet these times. Normal working hours at Approach are between 9am – 5pm Monday to Friday, unless discussed otherwise for particular jobs.

Receiving imagery

Approach will not be held responsible for failing to meet deadlines if the imagery was delivered late from the Client.

If imagery is received late, Approach will charge what was originally quoted plus any additional time spent to complete.

Cancellation Policy

Approach will charge a cancellation fee for any scheduled work cancelled within 48 hours of agreed commencement of work date. Cancellations will be charged at 25% of Approach’s day rate for all dates scheduled. Payment must be made in line with Approach’s ‘Pricing and payment’ terms.

Image sizes

The Client must inform Approach of file size or image size, including pixel by pixel and dpi for each individual project.

Data transmission

Approach will not accept responsibility for loss of earnings to the Client for un-transmittable data.

Colour balancing

If no such request or reference material is provided by the client, Approach will use its own ‘judgement’ for colour balancing.

Approach will not accept liability for loss or damage to the Client resulting from Approach’s own ‘judgement’ for colour balancing.

Uncollected work

If any items of work including prints and digital files belonging to a Client is not collected after 12 months of the requested work being done, Approach reserve the right to dispose of such material.

Archiving of Digital Material

Approach will only archive completed digital images for 6 months, unless requested by the client in writing. It is the responsibility of the client to ensure they have copies of the finished images.

Copyright and moral rights

Approach claims no copyright in material submitted to Approach by virtue of work undertaken by Approach on behalf of the Client.

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 Approach.

The Client also warrants that no copyright or moral rights will be infringed by Approach carrying out the requested work.

The Client agrees to indemnify Approach against all losses, damages, claims or expenses which Approach may incur by virtue of any breach of the above warranties.

Approach will not display any imagery on their website or social media, until the client has themselves posted online/ imagery has gone ‘Live’, unless stated otherwise by the client.

Liability

The Client must contact Approach concerning details of an invoice within 30 days of the date of the invoice.

Approach’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 Approach for whatever reason:-

Will be limited to the replacement cost of the actual material and;

Approach will not be liable for the cost of re-shooting or re-printing the material contained on the material and;

Approach will not be liable for any loss or damage to the Client or any other party including loss of income and;

It is the Client’s responsibility to insure against such loss and damage.

Whilst every possible care is taken with your material, we do not accept any liability beyond the cost of replacing the raw material, whether as a result of negligence by Approach, its servants, agents or subcontractors or otherwise. Clients are advised to arrange their own insurance for material of substantial value

Approach will not be liable for failing to complete any contract between Approach and the Client due to circumstances beyond Approach’s control including loss of power supply, machine breakdown, fire, storm, flood, act of God, war, civil disturbance, loss of materials.

We Are Approach Ltd. 10873805

 

+44 (0) 7590532104 +44 (0) 7590311699

Studio 17, Studio Way, London, SW19 3TZ

www.weareapproach.com