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Global Creative

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Terms of service

Please read through our terms - working with GC means accepting our terms of service

This document is to be viewed by all involved parties as a binding and insoluble contract in agreement to the terms stated below. By agreeing with these terms you authorise Global Creative and its associated companies (hereafter referred to as "Global Creative") to proceed with the creation of the product as discussed either verbally or as a result of an agreed proposal.

Office Hours
Global Creative's office hours are; Monday: 10am - 5.00pm. Tuesday to Thursday: 9am - 5.00pm. Friday: 9am - 4.00pm. Please note that staff do not have business mobile telephones.

Contacting Global Creative
In order to deal more effectively with your queries, we ask that you put any questions to us an email. This system allows us to distribute questions to the appropriate departments, and thereby respond to you, more efficiently. There are three ways to contact us. For general enquiries, email info@globalcreative.co.uk. For amendments or updates please email info@globalcreative.co.uk. t: +44 (0)845 519 7549.

Provision of Materials
You agree to provide us with the specific copy, images and information we require in order to create your product, or to advise us as to where we can locate such materials. We accept no responsibility for your site not being put live/product being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you. If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final product, as these may arise through our lack of specialist knowledge regarding the content of your product. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged to you at our standard rate. We accept no responsibility for the delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials. This does not apply if the additional cost could have been avoided but for unreasonable delay on the part of Global Creative in ascertaining the unsuitability of the materials with which you provide us. Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.

 

Print - Print Proof Agreement
If Global Creative provided you with a proof, your signing this agreement or 'signing off' via email confirms that you agree to the design and contents of the printed document as depicted on the proof. By signing off this agreement, you absolve Global Creative of all liability for any errors, omissions or discrepancies which may be present on the proof. Once you have signed off this agreement and proof if supplied, you are not able to make any changes to the final product, nor are you able to hold Global Creative responsible for anything you are unhappy with. This contract revokes your right to take any kind of action against Global Creative for any aspect of the work with which you are later dissatisfied. Signing off this contract means that, as long as the finished product is as discussed with Global Creative and consistent with the proof if supplied, you must pay in full for the work. This fact applies whether or not you later take issue with any aspect of the product. These terms are final and non-negotiable. This is your final opportunity to make changes to the content.

Making Changes After Proof Stage (Print Only)
If a change is requested, we will do everything we can to make the correction before the printing starts, but we cannot guarantee this. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability (see "Proof Agreement" above). Once the proof is signed off or agreed, whether verbally or via email, we incur a film / plate(s) charge and this is passed on to you as part of the total charge. Any changes made after a proof is signed off will result in a further film / plate(s) charge.

Print Quality (Print Only)
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, Global Creative cannot guarantee an exact match in colour or texture between any materials with which you supply us, and the printed article. Our budget business cards do not have a guaranteed specification and we reserve the right to vary stock or quality as either we see fit, or circumstances/availability dictate. If the exact specification is important, the cards must be ordered as a bespoke job and requirements discussed prior to starting.

Quantity Supplied (Print Only)
Every effort is made to produce the exact quantity of items ordered. However, some variation is inherent in the print process and so you accept that minor variations in quantity are possible. These do not affect the price charged.

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

Standing Material (Print Only)
All materials (including but not limited to film, plates, negatives and positives) produced and used by Global Creative during the production process remain the property of Global Creative. Where these materials are provided by the client, they remain the property of the client. Global Creative reserves the right to dispose of lithographic work immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged for the safe-keeping of the materials.

Payment Terms (Print)
New customers agree to pay a deposit of 50% of the final bill upon ordering, and to pay the outstanding balance on delivery of the completed work. Existing customers agree to adhere to the terms stated on the invoice. All deposit payments are non-refundable.

 

Websites - Website Updates & Site Maintenance
These are charged at an agreed rate per hour (or part thereof). If you want to introduce new material in the form of extra pages, additional functions, or more information than is already available on your site, this must be paid for as a new job. Where possible Global Creative build websites to confirm with web standards. This may not always be possible and we do not guarantee all sites will validate. Global Creative do not guarentee sites look or operate the same in all browsers/operating systems. Your requirements should be specified BEFORE any work is undertaken. All outstanding invoices must be settled prior to new projects going live.

PLEASE NOTE: Global Creative no longer build websites for Internet Explorer 6 & 7 or below.

Hosting & Email Accounts
Global Creative take no responsibility for any loss of business through non retrieval of emails, bounced messages or undelivered electronic mail. Global Creative take no responsibility for the content of emails including attachments and viruses. Cancellation of any website will result in the withdrawal of the hosting package after 48 hours. All hosting packages are non-refundable. Should the client request that a domain name purchased by Global Creative on their behalf be transferred to another host, a release fee of £50 + VAT will be charged. Website hosting will be renewed automatically as part of the initial contract, but a notice period of not less than 14 days will be given at the time invoicing. Clients must cancel their renewal in writing within this notice period, otherwise all charges will become payable and cancellation will NOT be accepted after this date, as monies will have been paid by Global Creative on the client's behalf. Our poviders full terms & Conditions Can be viewed here.

Servers
We re-sell server space - we are not responsible or make any commitments regarding performance or fraud aginst any website that is hosted or loss of business. We do not automatically backup websites unless this has been specified in writing by the client as this will incurr additional costs. We accept no responsibility for any loss of content as a result of the afore mentioned. Servers are all under a 12 month non-refundable contract. Our poviders full terms & Conditions Can be viewed here.

HTML email
HTML email is not supported by all email systems and we do not guarantee the code we provide will display correctly in all email clients. Your requirements should be specified BEFORE any work is undertaken.

Systems
Any systems, including eCommerce and Content Management System, provided to the client remain the intellectual property of Global Creative and as such no access is given to the source code or database. Systems cannot be transferred away from our provided hosting solution. Any admin or CMS system is only licensed to the client and will remain the property of Global Creative.

E-commerce/CMS
E-commerce/CMS systems will be provided as an empty shop/site, and training will be given to the client(s) on using the system. A delay in the client populating the e-shop/site will not be accepted as a reason for delayed payment as, once it is ready to be populated and training has been given, Global Creative’s job is done. Global Creative offers a service to populate the client’s shop site/CMS on their behalf, and prices are available on request for this service. This does not include any photography, and where clients feel unable to create their own imagery of products, a photographer must be sought. Global Creative are happy to recommend independent photographers where necessary, but the contract will be between the client and said photographer. Additional training and support packages are available, and again the prices for these services are available on request.

Warranty
Global Creative guarantees all of its websites / bespoke software solutions provided to clients insofar as any faults or bugs will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time. Any software provided by Global Creative proving to be faulty or defective will be repaired / replaced free of charge to the working standard equivalent to launch.

Website Proofs
Once a client has agreed a look and feel proof and instructed Global Creative to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate. Once a website has been signed off it is classed as 'tested'. Any faults found post sign off will be charged to rectify.

Website Testing
Global Creative will test systems where possible as system checks. It is the clients responsibility to test the system to their satisfaction and to meet the requirements of their users. Once sign off has been completed Global Creative accept no responsibility for any errors or malfunctions of their systems or code. The client is wholly for testing. Global Creative can arrange third party testing if required on behalf of the client.

Payment Terms (Web)
You agree to pay a deposit of 50% of the final bill immediately. Payment is strictly 21 days from the date of the invoice unless otherwise specified. All website design projects must be paid in full prior to 'going live'. We reserve the right to suspend any services until the outstanding debt is cleared. Any non-payment of a invoice may be subject to a £30 administration charge. The customer is responsible for all money owed from the time it was established. Hosting and domain name payment is due immediately upon setup. When we have finished building your site, we will put it live on our own server under a temporary name which we will give you. After we have informed you of the site's location on our server, you have 48 hours to view the site and ask for any amendments to be made. The site can be kept live for a longer period if you specifically request this. After the 48-hour viewing period has elapsed, the invoice will be issued as - apart from minor alterations or transfers onto other domain names - our work on the site is then complete. Once the bill is settled in full, we will put the site live on its own domain name, or - if you have not yet selected one - it will remain live on our server. If you possess your own domain name, we will initiate whatever process is necessary to put the site live once the bill is settled. You are not permitted to point your own domain name to the test site on the Global Creative server. If this is found to be the case, we reserve the right to remove the site from our server. All deposits are non-refundable.Projects that are stalled or put on hold outside of the control of Global Creative will be charged and billed after 21 days.

 

Copyright
Global Creative does not supply clients with our original artwork unless specified. An additional charge will be made to provide these files. Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to Global Creative. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnify Global Creative from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.

Quotes
All quotes for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.

Deposit Payments
A deposit payment, howsoever made, constitutes an agreement to the contract to which it relates, and will be accepted by Global Creative in lieu of a signature on said contract.

Illegal Matter
Global Creative reserves the right not to print any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of 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.

Consequential Loss
Global Creative accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.

Financial Loss
Global Creative accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by Global Creative.

Force Majeure
Global Creative accept no responsibility if we are 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 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 you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

Liability
Global Creative shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond Global Creative's control.

Price Breakdown
The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself. Supplying us with suitable material will, therefore, reduce the time spent on design and, thereby, the final charge. VAT is charged at the current Customs & Excise rates and according to current regulations, irrespective of whether or not it is included in a price quotation.

Jobs Put On Hold or Cancelled by the Client
Jobs put on hold or cancelled by the client during production will be invoiced at our full hourly rate based on the number of hours worked and our outlay on materials. This applies irrespective of any package agreements which have been signed, as package discounts only apply if a job is brought to completion. The invoice we issue must be paid in full together with any VAT that falls due accordingly.

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 Barclays base rate at the time and an administration fee to cover the debt recovery costs.

Insolvency
Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their 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 it, Global Creative, 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 it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its 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.

Data Protection
Global Creative agrees where possible to keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be treated as confidential in accordance with the Data Protection Act but Global Creative accepts no responsibility for issues ariing from third parties faults. Hacking is a minor risk but Global Creative accept no responsibility for 'hacked' sites. We will however endevour to restore any site within reasonable time.

We reserve the right to update these Terms and Condidtions at any time.

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