Terms and Conditions

General

(A) Tinstar Design Ltd (“The Supplier”) does business upon and subject to these general conditions which will be deemed to be incorporated into all contracts between The Suppliers and their clients (“The Purchasers”) to the exclusion of any other terms and conditions of the Purchasers. All work is carried out by Tinstar Design Ltd on the understanding that the The Purchasers have agreed to these terms and conditions.

(B) A quotation shall only constitute an invitation to treat. All orders are subject to acceptance by the Supplier, the Purchaser’s acceptance of delivery of said acknowledgement of orders shall be deemed to include acceptance of these general conditions.

(C) Telephone orders must be confirmed in writing by letter or e-mail. No responsibility will be accepted if this is not done.

(D) The Supplier cannot guarantee that the goods will be exactly the same as previously supplied. Samples are available on request to check for size, materials etc.

Waiver

Failure by the Supplier at any time to enforce any of the provisions of these general conditions shall not be construed as waiver by the Supplier of such provisions or in any way affect the validity of these general conditions.

Prices & Estimates

All prices shall be as per the Supplier’s price list current at the date of this despatch and all prices are exclusive of VAT. All prices are subject to increases without notice owing to circumstances beyond the Supplier’s control.

Should the amount of time spent on any aspect of the projects named above be less than estimated, the associated fee will be reduced accordingly. If the project brief or content alters leading to additional time being required, a revised estimate for that element will be submitted.

Artwork

All artwork including reductions, enlargements and touching up will be chargeable at a rate of £75 per hour. Minimum artwork charge: £18.75. All prices are subject to VAT.

The accuracy of the content contained within all proofs and final artwork is entirely the responsibility of the Customer. The Supplier is unable to accept responsibility for textual or graphical errors which come to light after artwork has been approved for print or digital production by the Purchaser. It is the Purchaser’s responsibility to ensure that appropriate licensing permission has been obtained for any images supplied to the Supplier for use in a project. All design work contained within all proofs and final artwork is copyright © Tinstar Design Ltd.

Unless otherwise agreed, all text, images, video and other media must be supplied by the client to the designer in an appropriate format for use. Any expenditure relating to library image purchase, commissioned photography, copywriting or other external service will be estimated for separately if required.

Workflow

In order to meet any agreed schedules, feedback must be supplied to the designer at each stage in a timely, constructively critical manner in order to expedite the development process.

Liability

(A) The Purchasers shall be responsible for the goods being suitable in every way for the purpose for which they are intended to use them and no warranty, condition or representation is given by the Supplier as to the fitness of any goods for any particular purpose.

(B) Whilst every effort will be made to deliver on time, time for delivery is not of the essence and there is no liability for delays occasioned by circumstances beyond the Supplier’s control.

(C) Any liability of the Supplier to the Purchaser shall be limited in total to the price of the goods.

(D) In the event of incorrect or faulty goods supplied, credit will only be given if the entire consignment is returned.

Personal Data

In accordance with GDPR, should the Client wish for The Supplier to handle/process any of their customer data or to provide systems to process personal data (eg web-based databases), it is The Purchaser’s legal responsibility to ensure the processes requested of The Supplier are data-compliant and to have a written contract in place to carry out such processes. Furthermore, it is The Purchaser’s responsibility to ensure that consent has been obtained from the individuals for the personal data they pass over for processing.

Terms of payment

For Printed Projects: payment will be due in full after a final artwork proof has been approved for production by the Purchaser prior to any printing or production process taking place (or prior to the supply of final digital artwork in the event that The Purchaser manages the printing process). Once payment has been received by BACS transfer or cheque, the print or production process will begin, subject to cleared funds.

All INDD, PSD, QXD and other source files that are created by The Supplier during the duration of the project remain the exclusive property of The Supplier. Upon completion of the project a press-ready PDF file will be made available either to The Purchaser or to the Production Team for printing. No other files will be released unless specifically arranged upon commencement of the project. The price for releasing source files will be equivalent to 10% of the project design fee (per file). All working and source files will be kept on archive by The Supplier for later access in the event that amendments, reprints or additions are required.

For Website Projects: 25% of the total estimated fee will be due upon placement of order. The balance will be due upon completion, prior to going live with the finished website. For projects of 30 days or more, interim invoices will be issued at the end of each month for work completed during the previous month. All invoices will be issued for payment within 28 days.

Testing

The Supplier will make best efforts to test all solutions that it provides and resolve any defects that are found. This will be carried out according to the functional description and acceptance criteria agreed as part of this document. Please be aware that software and websites are complex by nature and it is impossible to guarantee that any deliverable is entirely free of defects. Any defects that are reported after the project has been accepted, either explicitly or implicitly by going live, will be fixed and charged for at the rates set out in this document.

Claims and acceptance

For Printed Projects: The Purchasers shall inspect all goods immediately upon delivery and shall within seven days from delivery notify the Supplier of any matter or thing by reason of which they may allege that the goods are not in accordance with the contract. If the Purchasers shall fail to give such notice within such period it shall conclusively be determined that the goods are as to quality, number, weight, volume and in all respects in accordance with the contract and that the Purchasers have accepted them. The Purchasers shall have no right to reject the goods, but shall be bound to pay for the same accordingly.

Non delivery by any carrier must be notified to the Supplier in writing within 14 days.

Goods are only returnable with our expressed agreement. Goods will not be accepted back without prior arrangement.

For Website Projects: Although The Supplier will conduct thorough testing of a website prior to final delivery, it is The Purchaser’s responsibility to conduct acceptance testing in order to ensure that the solution behaves according to specification prior to going live. The Supplier will notify The Purchaser of the availability of the final version that The Purchaser should perform acceptance testing on. Testing may be carried out on other versions and any findings will be handled as part of the development work and not form part of the acceptance process.

The acceptance criteria that are applied will be limited to the description of the website deliverables contained within the agreed Estimate or Contract. Change requests resulting from the application of other criteria that have not been specified as part of the Estimate or Contract will be chargeable. In the event that any defects are found in the final delivery version, The Supplier will rectify such defects in a timely manner and at its own expense and supply a new version for further acceptance testing. Going live with a solution or site is considered to be acceptance of that solution. Once a site is live then the balance of the full payment is owing on the development. Payment will not be withheld based on individual items awaiting completion unless this is agreed prior to going live. Once a solution has been accepted, any further fixes or changes will be chargeable unless these are explicitly agreed prior to going live.

Cancellations

All cancellations are to be notified in writing. Charges will be made for all work done at The Supplier’s prevailing hourly rate or for software, digital products or materials purchased.

Printing

Unless otherwise specified printing colour, size and position will be at our discretion even on repeat orders. Where Pantone colour matches are requested, a 100% match cannot be guaranteed. Unless otherwise specified, all year planners will be litho printed in CMYK (four colour process). We reserve the right to use your logo or advertisement in our brochures unless otherwise instructed in writing.

Repeat orders

It is the responsibility of the Customer to ensure the Supplier has all the correct details from any previous order.

Product specifications

We reserve the right to alter design material and product specification of any product without notice.