(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 the Supplier on the understanding that 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.
(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.
(E) Estimates are valid for 30 days from the date of submission.
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.
All prices quoted are accurate at the date of this despatch and 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 a project 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.
All artwork including reductions, enlargements and touching up will be chargeable at a rate of £80 per hour, with a minimum artwork charge of £20. The accuracy of the content contained within all proofs and final artwork is entirely the responsibility of the Purchaser. 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 provided 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 Purchaser to the Supplier in a format appropriate for the project in hand. Any expenditure relating to library image purchases, commissioned photography, copywriting or other external service will be estimated for separately if required.
In order to meet any agreed schedules, feedback must be made available to the Supplier at each stage in a timely manner in order to expedite the production process.
(A) The Purchasers shall be responsible for goods being suitable in every way for the purpose for which they are intended to be used. 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.
In accordance with GDPR, should the Purchaser wish for the Supplier to handle or process any of their customer data or to provide systems to process personal data (such as online 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 passed over for processing.
For Design & Print Projects: 25% of the total estimated design fee will be due upon placement of order unless otherwise arranged. The balance of the design & print fee 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.
Once payment has been received, the print production process will begin, subject to cleared funds. All INDD, PSD, QXD and other source files that are created by the Supplier over 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 a third party supplier for print production. 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 supplied 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 unless otherwise arranged. The balance will be due upon completion, prior to the finished website going live. For project durations 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 unless otherwise specified.
If the time taken on any digital or printed project exceeds 30 days in duration, invoices will be issued for work carried out to date at 30 day intervals.
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.
For Printed Projects: The Purchaser 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 Purchaser 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 Purchaser has accepted them. The Purchaser 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 website is considered to be acceptance of that solution. Once a website 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.
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.
The Supplier provides website hosting services on leased dedicated servers. Control panel access is not available and all changes to the hosting are managed by the Supplier. All hosting packages are billable annually in advance. If a hosting service is cancelled by the Purchaser before the renewal date, no refund will be made for unused time in the billed year. All services are purchased in advance on behalf of the Purchaser by the Supplier, so the Supplier is unable to refund any part of an annual hosting service that has already been invoiced and paid for.
Unless otherwise specified, printing colour, size and position will be at our discretion, including on repeat orders. Where Pantone colour matches are requested, a 100% match cannot be guaranteed. Unless otherwise specified, all printed projects will be litho printed in CMYK (four colour process). The Supplier reserves the right to use the Purchaser’s logo or advertisement in marketing material unless otherwise instructed in writing.
It is the responsibility of the Purchaser to ensure the Supplier has all the correct details from any previous order.
We reserve the right to alter design material and product specification of any product without notice.
Contact Us