| Terms and Conditions.
All services provided by ACDA Limited to the Customer are subject
to the following terms and conditions.
1. Acceptance. A copy of these terms and conditions must
be signed by all new customers at the time of submission of work to ACDA
Limited, indicating agreement to and acceptance of these Terms and Conditions.
2. Charges. Charges for services to be provided by ACDA
Limited are defined in the project quotation that the Customer receives.
All design services require an advance payment of a minimum of fifty (50)
percent of the project quotation total before the work is supplied to
the Customer for review. The remaining fifty (50) percent of the project
quotation total will be due upon completion of the work. All quotations/estimates
are subject to the addition of VAT at the current rate. ACDA may issue a "work-to-date" invoice for projects which overun the agreed schedule
Payment for services is due by cheque or via online payment. Cheques should
be made payable to ACDA Limited and sent to 11 Onslow Way, Thames Ditton,
Surrey KT7 0JQ.
3. Customer Review. ACDA Limited will provide the Customer
with an opportunity to review the appearance and content of the item during
the design process and once they are completed. At the completion of the
project, such materials will be deemed to be accepted and approved unless
the Customer notifies ACDA Limited otherwise within two (2) days of the
date the materials are made available to the Customer.
4. Payment. Invoices will be provided by ACDA Limited
upon completion of the work for design and any associated services. Invoices
are normally sent via email; however, the Customer may elect to receive
hard copy invoices. Invoices are due upon receipt. Accounts that remain
unpaid thirty (30) days after the date of the invoice will be assessed
a service charge in the amount of the higher of one and one-half percent
(1.5%) or £25 per month of the total amount due.
5. Default. Accounts unpaid thirty (30) days after the
date of invoice will be considered in default. Customers
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with accounts in default agree to pay ACDA Limited
reasonable expenses, including legal fees and costs for
collection by third-party agencies, incurred by ACDA Limited in enforcing
these Terms and Conditions.
6. Termination. Termination of
services by the Customer must be requested in a written notice and will
be effective on receipt of such notice. E-mail or telephone requests for
termination of services will not be honoured until and unless confirmed
in writing. The Customer will be invoiced for design work completed to
the date of first notice of cancellation for payment in full within
thirty (30) days.
7. Copyright. The Customer retains the copyright to data,
files and graphic logos provided by the Customer, and grants ACDA Limited
the rights to publish and use such material. The Customer must obtain
permission and rights to use any information or files that are copyrighted
by a third party. The Customer is further responsible for granting ACDA
Limited permission and rights for use of the same and agrees to indemnify
and hold harmless ACDA Limited from any and all claims resulting from
the Customer's negligence or inability to obtain proper copyright permissions.
A contract for design shall be regarded as a guarantee by the Customer
to ACDA Limited that all such permissions and authorities have been obtained.
Evidence of permissions and authorities may be requested.
8. Standard Media Delivery. Unless otherwise specified
in the project quotation, this Agreement assumes that any text will be
provided by the Customer in electronic format (ASCII text files delivered
on floppy disk or via e-mail or FTP) and that all photographs and other
graphics will be provided physically in high quality print suitable for
scanning. Although every reasonable attempt shall be made by ACDA Limited
to return to the Customer any images or printed material provided for
use in creation of the item, such return cannot be guaranteed.
9. Governing Law. This Agreement shall be governed by
English Law.
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