Terms & Conditions

Terms & Conditions

1. Definitions ‘Studio 94 Designs is - Design Marketing its registered office at Inch Colm Avenue, The Inches, Larbert, FK54FP ‘The Customer’ is the person or company for whom, or on whose behalf, the work is carried out. ‘The Work’ is the work supplied or carried out by Studio 94 Designs pursuant to any contract made under these conditions.

2. Pricing Estimates for design, artwork and printing are strictly subject to sight of final copy, transparencies, diagrams, any other content material and final instructions from the client. Quotations are fixed for 14 days from the date of issue. Beyond that period we reserve the right to amend them. Unless otherwise specified, all quotations submitted are based on reasonable time schedules. In cases where the work is requested on a ‘rush’ or ‘overtime’ basis, any additional costs incurred due to such circumstances, will be reflected in our final invoice.

3. Modifications & Alterations Modifications and alterations requiring additional work not allowed for in the original quotation may result in supplementary charges. Every effort will be made to intimate and agree these before proceeding.

4. Meetings A reasonable allowance for initial briefing and discussions is made in the quotation. If extra meetings are called, then a supplementary charge may be made.

5. All relevant out-of-pocket expenses will be charged extra and will be subject to a small administration charge.

6. Payment All accounts should be settled within 30 days of the invoice unless otherwise agreed. If the work extends beyond one month, interim invoices will be issued at the end of each month relating to work done in that month, or on completion of relevant phases of the project. Acceptance of our proposal agrees to any interim invoices being paid within the month they are raised.

7. Invoices All invoices are deemed to be accepted unless notice is received by Studio 94 Designs within seven days of receipt of the invoice. Should any invoices not be paid within 30 days, we reserve the right to charge interest at the maximum rate permitted by law. If we are forced to retain solicitors to collect our invoices, such fees and court costs that may be necessary, as well as any interest rate charges incurred, will become payable.

8. Termination and Cancellation Premature cancellation of any confirmed order by the customer will entitle us to payment for all services rendered up to and including the date of termination. Cancelled orders will be refunded at full price less any balance due for work which has already been undertaken. Notice of cancellation of an order must be made in writing within 48 hours of the order being confirmed.

9. Proofs Proofs of all work may be submitted for customers’ approval and Studio 94 Designs shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customers alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to Studio 94 Designs judgment, changes there from made by the customer shall be charged extra.

10. Intellectual property rights Studio 94 Designs will be the owner of all intellectual property rights concerning any original work it creates including but not limited to, designs, computer programmes, software and documentation. Whole title and interest in any said creations will remain with Studio 94 Designs unless Studio 94 Designs agree to waive its moral rights, if any, pursuant to sections 77 to 83 inclusive of the Copyright Designs and Patents Act 1988 in favour of the customer.

11. Delivery and Payment (a) Delivery of work shall be accepted when tendered to the customer and thereupon or, if earlier, on notification that the work has been completed, the risk therein shall pass to the customer and payment shall become due to Studio 94 Designs. (b) Until such time as payment in full is made to Studio 94 Designs in accordance with these conditions and title of the work has passed to the customer, the customer shall hold the work as trustee, but not as agent, for Studio 94 Designs and shall ensure that the work shall be stored separately from any other property of the customer or from any property belonging to a third party and held by the customer and shall be clearly identifiable as the property of Studio 94 Designs. At any time prior to title to the work passing from Studio 94 Designs in accordance with these conditions, Studio 94 Designs shall be entitled to demand to recover possession of the work or any of it and, for this purpose, shall be entitled to enter upon the customers premises (or any other premises where the work is stored) during normal business hours for the purpose of removing such work from such premises. These conditions constitute an authority for any third party authorised by Studio 94 Designs to exercise our rights hereunder. Payments from clients using credit or debit cards will be processed in the same manor as other payments in respect to any disputes or credit notes. (c) Acceptance of purchase order from Studio 94 Designs to their suppliers will be bound by these terms and conditions and agree that no retention of title can be carried forward by a supplier after the goods have been delivered to the agreed delivery date whereupon title transfers exclusively to Studio 94 Designs.

12. Design Credits We reserve the right to claim authorship of all designs for which we have been responsible and to reproduce any works in a reasonable way for our own marketing purposes.

13. Printed Specimens We are entitled to receive a reasonable number of printed specimens of all designs for our files and for our own promotional purposes.

14. License agreements (a) Each License granted under this Contract is non-transferable and non-exclusive and the Buyer has no right to grant any sub-license. (b) Each software program and other intellectual property rights in it remains the property of Studio 94 Designs or its licensor and the Buyer shall acquire no rights in respect of any of the programs nor may the Buyer in any circumstances take any copies of any of the programs, unless the client has agreed to have software specific to their needs only developed on a bespoke basis and after payment in full IP would pass to the client.

15. Claims Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Studio 94 Designs and the carrier within three clear days of delivery (or in the case of non-delivery, within 14 days of despatch of the goods) and any claim in respect thereof must be made in writing to Studio 94 Designs and the carrier within seven clear days of delivery (or in the case of non-delivery, within 21 days of despatch) all other claims must be made in writing to Studio 94 Designs within 14 days of delivery. Studio 94 Designs 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.

16. Liability (a) Studio 94 Designs shall not be liable for any loss, whether direct, indirect, consequential or otherwise, or third party claims occasioned by any failure to complete or delay in completing the contract or failure of or any delay in delivery. (b) Where any work is defective for any reason, including negligence, Studio 94 Designs liability (if any) shall be limited to rectifying such defect. (c) While Studio 94 Designs takes every reasonable care to ensure the quality of its software it is impossible to eliminate the risk that computer software may develop faults or viruses or in unforeseen circumstances perform in a manner not anticipated by the Seller of it and Studio 94 Designs will not be liable for any loss of business incurred through this process.

17. Materials supplied by the customer (a) Studio 94 Designs may reject any paper, plates or other materials supplied or specified by the customer, which appear to Studio 94 Designs to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by Studio 94 Designs in ascertaining the suitability of the materials then that amount shall not be charged to the customer. (b) Where materials are so supplied or specified by the customer, Studio 94 Designs will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified. (c) Quantities of materials supplied by the customer shall be adequate to cover normal spoilage.

18. Insolvency If any monies due to Studio 94 Designs be overdue or if the customer should enter into a composition or other arrangement with or for the benefit of its creditors or becomes apparently insolvent within the meaning of the Bankruptcy (Scotland) Act 1985 or a petition for bankruptcy order to be made against the customer is presented to a Court or, being a body corporate, a receiver is appointed over the whole or part of the customers property or undertaking or a petition is presented for the making of an administration order or winding up order in respect of the customer or the customer passes a resolution for the winding up of the customer or a proposal is made for the making of a voluntary arrangement in respect of the customer then Studio 94 Designs shall, without prejudice to other remedies available to Studio 94 Designs (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 Studio 94 Designs, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in Studio 94 Designs 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 Studio 94 Designs thinks fit and apply the proceeds to such debts.

19. Complaints Handling Scheme 1. Complaints may be made in writing, by e-mail, or any other form in respect of a claims management service that I have provided and that is regulated under the Compensation Act 2006. 2. I reserve the right to decline to consider a complaint that is made more than six months after you became aware of the cause of the complaint. There may be instances where I will waive this requirement at my discretion. I will confirm to you in writing if a complaint has been made outside the time limit that I am prepared to consider. 3. I will send you a written or electronic acknowledgement of a complaint within five business days of receipt. As a sole trader I will deal with any complaints and although the complaint may be in respect of a decision which I took, I will investigate it thoroughly. 4. Within four weeks of receiving a complaint, I will send you either: a) a final response which adequately addresses the complaint; or b) a holding response, which explains why I am not yet in a position to resolve the complaint and indicate when I will make further contact with you. 5. Within eight weeks of receiving a complaint I will send you either: a) a final response which adequately addresses the complaint; or b) a response which: (i) explains why I am still not in a position to make a final response, giving reasons for the further delay and indicating when I expect to be able to provide a final response; and (ii) informs you that you may refer the handling of the complaint to the Legal Ombudsman if you are dissatisfied with the delay. 6. Where I decide that redress is appropriate, I will provide you with fair compensation for any acts or omissions for which I am responsible and will comply with any offer of redress which you accept. Appropriate redress will not always involve financial redress.

20. Periodical Publications A contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks notice is given in the case of periodicals produced monthly or more frequently or 26 weeks notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Nevertheless, Studio 94 Designs may terminate any such contract forthwith should any sum due thereunder remain unpaid.

21. Illegal Matter (a) Studio 94 Designs shall not be required to print any matter which in Studio 94 Designs opinion is or may be of an illegal, defamatory or libelous nature or an infringement of the proprietary or any rights of any third party. (b) Studio 94 Designs shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libelous matter or any infringement of copyright, patent, and design or of any other proprietary or personal rights contained in any materials printed for the customer. The indemnity shall extend to any amounts paid on legal advice in settlement of any claim.

22. Force Majeure Studio 94 Designs shall have the right to cancel or delay deliveries or to reduce the quantity of goods delivered and shall under no circumstances be responsible for failure or delay in performing or fulfilling any contract or otherwise failing to implement its obligations to the customer if such failure or any delay shall be due to any cause of circumstance beyond the control of Studio 94 Designs. Subject to the foregoing the occurrence of such circumstances or events will not operate so as to effect or suspend any other rights or obligations of either party hereunder.

23.Jurisdiction This contract shall be construed according to, and governed by Scottish Law; the parties moreover agree to submit to the exclusive jurisdiction of the Scottish Courts in any dispute or difference of any kind that may arise concerning the contract.

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