Sutton Design

Website & Graphic Design

Terms & Conditions

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Website Use Terms & Conditions

Website Design Terms & Conditions

Graphic Design Terms & Conditions

Exhibition Design Terms & Conditions

Terms & Conditions of use of Sutton Design (www.suttondesign.co.uk)

Acceptance of Terms

Your access to and use of Sutton Design (www.suttondesign.co.uk) ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

Advice

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

Changes to Website

Sutton Design (www.suttondesign.co.uk) reserves the right to:
change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Sutton Design (www.suttondesign.co.uk) shall not be liable to you for any such change or removal; and
change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

Links to Third Party Websites

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

Copyright

All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Sutton Design (www.suttondesign.co.uk) or otherwise used by Sutton Design (www.suttondesign.co.uk) as permitted by law.

In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

Disclaimers and Limitations of Liability

The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, Sutton Design (www.suttondesign.co.uk) will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

Sutton Design (www.suttondesign.co.uk) makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Sutton Design (www.suttondesign.co.uk) for death or personal injury as a result of the negligence of Sutton Design (www.suttondesign.co.uk) that of its employees or agents.

Indemnity

You agree to indemnify and hold Sutton Design (www.suttondesign.co.uk) and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Sutton Design (www.suttondesign.co.uk) arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.


Website Design Terms & Conditions

General Terms

We do not allow Adult, Warez, illegal MP3 Sites or IRC Bots.

You may not store more data in your account than your allotted server space.

Your server (including FTP and Telnet access) is for client use only. You must not divulge the password to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.

Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your virtual server.

You may not run server processes from your virtual server.

We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.

When your account is closed, all files (including web pages, etc.) will be deleted.

We reserve the right to cancel your account at any time without notice.

We reserve the right to amend and update these Terms and Conditions at any time without notice.

To protect your privacy we never distribute your name or e-mail address to any third parties.

Users must not participate in any form of un-solicited bulk e-mailing or SPAM.

By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions.

Refunds

If you cancel your account within your service period then Sutton Design Studio will not make any refunds on any unused portions of your account. While we do not offer refunds for pro-rated service (beyond our 30 day money back guarantee which is applicable to some accounts only) you have no obligation to continue using our service.

Our 30 day money back guarantee (applicable to some accounts only) excludes the refund of domain name registration fees.

Web Pages

Commercial use of web and ftp space is permitted.

You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law.

You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).

We reserve the right to remove material deemed inappropriate from your web pages, without prior notice. Sutton Design Studio does not permit adult, Warez or illegal MP3 web sites on their servers.

Credit

Credit accounts can be made available to clients subject to satisfactory credit checks. Sutton Design reserves the right to decline to open a credit account at its discretion and without providing a specific reason.

If your account/service is activated before payment is made then payment must be made in full by return.

If payment is not made in full within 28 days from the invoice date, your account may be deactivated and web services suspended.

Law

These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.


Graphic Design Terms & Conditions

Acceptance of Orders

Sutton Design contracts for the supply of goods and/or services only subject to these terms and conditions and all terms and conditions in the customer's order or enquiries inconsistent therewith shall be of no effect.

The terms and conditions herein shall constitute the entire agreement between Sutton Design and any modification to these conditions will be binding only if it is evidenced in writing signed and such evidence contains specific reference to those conditions being modified.

Acceptance of the customers order takes place when an order confirmation is dispatched to the customer, or preliminary work is undertaken on the customers instructions.

We reserve the right to decline any order without giving any reason.

Currency

Payment for accepted orders must be in the currency agreed on the order confirmation or other written communication sent to the customer from ourselves detailing the order. Without this written notification pounds sterling must be assumed.

Disclaimer

Sutton Design disclaims to the maximum extent permitted by law all representations, warranties (express or implied) regarding products, services, quantities, pricing, graphics, software, information, published on our web site, in our buying guides or in any other form or location. Data is constantly updated and therefore is not necessarily accurate, current or complete.

Provision of the products, services, software, information is on an "as is" basis. In particular Sutton Design disclaims without limitation, warranties of merchantability, fitness for purpose, non infringement.

Preliminary Work

All work carried out, whether experimentally or otherwise, at customer's request shall be charged.

Supply of Design Data

A charge may be made to cover any additional work involved where the design data supplied or specified is not clear, legible, or in the prescribed format/specification to produce satisfactory results.

Where design data is so supplied or specified, responsibility will not be accepted for imperfect work caused by defects in the supply, format or specification.

Where we are aware defects in the data are so severe and cannot be remedied we will halt further processing awaiting your instructions. The work to this point will be chargeable.

Proofs

Proofs of all work may be submitted for customer's approval and we shall incur no liability for any errors not corrected and communicated by the customer in proofs so submitted. Customer's alterations and additional proofs necessitated thereby shall be charged extra.

Archived Designs

Designs are usually archived on CD-ROM so enabling us to reprint, amend or extract data from previous orders. Retrieval and amendment of the designs is a chargeable service. We make no guarantee that files will be archived.

Copyright

Unless negotiated and agreed in writing, the copyright of General Artwork, Commissioned Artwork and Illustrations belongs to Sutton Design, except where the whole printed product design is uploaded, transferred to us by the customer or designed by the customer - without reference to any standard backgrounds, drag and drop items. The customer shall be responsible for all the design data they supply. He/she should obtain the necessary authority to reproduce picture, artwork, photographs, logos etc.The customer will indemnify us and our agents from any claim arising thereof. Web site content (excepting previous), design, software are copyright of Sutton Design. Reproduction of content (excluding that uploaded by the customer) without our written permission is only allowed to the extent it is the result of the proper use of the on line designer tool software, or capture of customer related order information.

Company Imprint

Unless otherwise specifically requested in writing all designs will carry our company imprint which will be positioned at our discretion.

Delivery and Payment

For orders made on a Guaranteed service - Should we fail to despatch within the agreed schedule, a 'print credit' will be awarded. The customer will still be obliged to pay in full for the order, including any premium but will receive an additional 'print credit' (to be used within 6 months) up to the value of the order. These services rely on the customer not delaying the progression of the order in any way, e.g. not returning proofs on time or failing to make payment. In such circumstances Sutton Design will still make the premium surcharge, but will not be bound by any guarantee. We entrust delivery of your goods to third party carriers, whose services we select on the basis of value for money. Their performance is carefully monitored and if we find they are falling short of their advertised claims and the situation cannot be remedied we will cease to use their services. The percentage of failures to successes in meeting service levels are contained within reasonable limits and if your goods do not arrive on time this is a regrettable but not usual event for which we will not be held liable.

Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.

Unless otherwise specified the price quoted is for delivery of the work to the customer' s address as set out in the order. A charge may be made to cover any extra costs involved for delivery to a different address.

Should expedited delivery be agreed, extra may be charged to cover any overtime or any other additional costs involved.

Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days we shall then be entitled to payment for work already carried out, materials specially ordered and any other additional costs including storage.

Variations in quantity - Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins for 10 per cent for work being allowed for overs or shortage (4 per cent and 8 per cent respectively for quantities exceeding 50,000).

Claims

Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to us and the carrier within three working days of delivery (or in the case of non-delivery within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to us and the carrier within seven clear days of delivery (or in the case of non delivery, within 42 days of despatch). All other claims must be made in writing to us within 28 days of delivery. We 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.

Limitation of Liability

The sole liability of Sutton Design in respect of any defect in, or failure of any goods or services supplied or for any shortage in the quantity of goods delivered or for any loss, injury attributable directly or indirectly thereto (other than in respect of death or personal injury) is limited to
i) making good by replacement or
ii) repairing defects or failures which under proper use appear therein

Without prejudice to the foregoing, Sutton Design shall in no circumstances be liable -
i) for any indirect or consequential loss (including without limitation loss of production, loss of profit or liability to third parties) suffered or incurred by the customer.
ii) for any loss or damage in excess of the contract price for the goods or part thereof in respect of which a claim is made.We shall not be liable for any loss to the customer arising from delay in transit of their goods.

Customer's Property

Except in the case of a customer who is not contracting in the course of a business or holding himself out as doing so, customer's property and all property supplied to us by or on behalf of the customer shall while it is in our possession or in transit to or from the customer be deemed to be at customer's risk unless otherwise agreed and the customer should arrange insurance accordingly.

We shall be entitled to make a reasonable charge for the storage of any customer's property left with us before receipt of the order or after notification to the customer of completion of the work.

Materials/Data Supplied by the Customer

We may reject any paper, plates, data, media or other materials supplied or specified by the customer which appear to us to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged.

Responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.

Quantities of materials supplied shall be adequate to cover normal spoilage. Credit terms - For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 2% above the HSBC Bank base rate at the time and an administration fee to cover the debt recovery costs.

Insolvency

If the customer ceases to pay his debts in the ordinary course of business or cannot pay his 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 him, we 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 us, and
ii) in respect of all unpaid debts due from the customer we have a general lien on all goods and property of his in our 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.

Illegal Matter

We shall not be required to print or design any matter which in our opinion is or may be of an illegal or libellous nature or any infringement of the proprietary or other rights of any third party.

We shall be indemnified by the customer in respect of any claims costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design of or 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.

Full Colour Printing

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, we shall not be required to guarantee an exact match in colour or texture between the customer's photograph or transparency, monitor display - local or over the internet, colour proof and the printed article.

Force Majeure

We shall be under no liability if we shall be 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 of 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 the customer may by written notice to us elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.

Law

These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.


Exhibition Design Terms & Conditions

Order Confirmation

Your order will be checked and processed as soon as it is received in our office. Some delays will occur over a weekend and bank holidays. We will check all your order details and contact you about payment. You will then receive a final e-mail confirmation from our office that your order is proceeding. Please allow 24 hours for weekdays, 48 hours for weekends.

We understand that by placing an order you are accepting the following terms and conditions.

Order Payment

We have made every effort to present our service in the most understandable way to allow for easy choice and ordering.

Your order will not be processed until payment has been received in full. This can be either by prepayment by cheque against proforma invoice or by BACS/Bank Transfer (Sort Code 40-16-22, Account 52051834).

Prices

All prices quoted include value added tax at the current rate, but exclude delivery.

Customer Details

Your customer details will not be passed on to any other party at any other time. We may however like to contact you, to keep you informed of new developments within our own service, new products and ideas. If you really do not want this service please contact us now or in the future. On receipt of your request your name will be withdrawn from our marketing list.

Delivery

We will endeavour to deliver to your door within seven working days from receipt of approved artwork.

Delivery Charges

Delivery charges are not included in the price unless otherwise stated.

Working Days

Working days are Monday, Tuesday, Wednesday, Thursday & Friday. These days are also the main delivery days within a scheme of working as outlined below. Please note that we can only outline our intentions to provide a reasonably accurate delivery service. We are however in the hands of our preferred carrier or delivery service provider. Every effort is always made to be as efficient as possible. We have very few problems. Special Delivery requirements (next day etc.) on application.

Delivery Areas and Delivery Date

Our main service is presented for deliveries throughout the UK and Northern Ireland. The speed of delivery will vary according to location. But, from ready artwork and payment all our products, with the exception of lenticulars, should be delivered to your door within 5 working days. Exhibition Accessories can be delivered sooner. One off lenticulars can be done in 5 days but high volume runs can take several weeks.

Delivery Expectations

Please note we expect the recipient or someone to be able to receive and sign for the delivery. In the event of someone not at home a "while you were out" card will be left stating the date and time of attempted delivery. The card will have a local contact telephone number for the recipient to call to arrange another delivery. We do not control this situation.

Delivery Address

We offer a professional delivery service. To achieve our greatest efficiency we require full and concise addressing details. It is most important for every order to contain the formal name of the recipient with title, plus the fullest, normal address details. THE MOST IMPORTANT DETAIL IS THE ADDRESS POSTCODE. We will also require a telephone number for the recipient.

If the recipient is staying with another person who actually lives at that address, we require the full name of the person who lives there. We would address as Mr John Smith, c/o Mrs Jane Jones.

Provided full address details are supplied, as requested, all deliveries should be made very precisely. We cannot be responsible for problems, which occur as a result of incorrect or invalid information given.

Damaged Goods

In the unlikely events of goods being received, which appear obviously, damaged in transit. Especially where the packaging may be crushed. Please ask the recipient, either not to accept the parcel or to sign for it as ‘Damaged, unchecked’ or ‘Damaged, unexamined’. If this situation does occur, please contact us by email within three days of receipt.

Complaints Procedures

We pride ourselves on receiving a minimal level of complaints in relation to the high volume of orders we handle. It is very important to us to offer a full and integrated service. This, today, involves a strong and determined effort to deal with any complaints as soon as possible.

It is understood that, as our service works on a working day, delivery principle, see previous explanation, we may have some delays in resolving certain problems. These would depend upon the time of day when the problem is being investigated.

It is most important that any problem that occurs with any order placed through this service is reported to us by e-mail or telephone at the very earliest opportunity to allow our customer services team to respond as fast as possible.

When you contact us please state the following:
Your order number,
Your name as it appears on your order,
Delivery date,
A brief outline of the problem,
A viable suggestion, as to how we can help you, to put the problem right.

Our customer services advisor will give every attention to any problems with your order and contact you by return, as soon as the relevant information is at hand. We can sometimes experience delays, whilst waiting for information from our delivery service.

It is very important to state that every customer services enquiry we receive concerning any delivery made will receive our fullest attention and be resolved with our mutual agreement.

Law

These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.