Finkk Ltd Point

For owner/designer read 'Finkk Ltd', for customer read 'Client'.

The Client - The person or organisation which enters in to a contract agreement with Finkk Ltd.

Finkk Ltd - Design company providing web development, print and advertising services.

These Terms and Conditions of Trade shall govern all contracts between Finkk Ltd and the Client and shall prevail unless expressly agreed between the parties.

Terms and Conditions Point

The acceptance of any telephone or email order shall be solely upon the basis of these Terms and Conditions and not (for the avoidance of doubt) any which may appear on any purchase order, which are inconsistent. No written order submitted by the Client shall be deemed to be accepted unless and until confirmed in writing by Finkk Ltd. No variation of these Terms and Conditions is binding upon Finkk Ltd unless agreed in writing by Finkk Ltd.

Estimates are based on Finkk Ltd's current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.

All work carried out, whether experimentally or otherwise, at the Client's request shall be charged at the quoted hourly rate.

A charge may be made to cover any additional work involved where copy supplied is not clear and legible or supplied as paper original requiring keyboard input.

Proofs of all work may be submitted for the Client's approval and Finkk Ltd shall incur no liability for any errors not corrected by the proofs. Any changes necessitated thereby shall be charged extra. When style, type or layout is left to the designer's judgment, changes subsequently made by the Client shall be charged extra. It is the Client's responsibility to ensure all work carried out is approved for correct content inc. grammar, spelling and technical content.

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

Unless otherwise stated all prices are exclusive of Valued Added Tax and payable in pounds sterling within 28 days of the date of the invoice sent by Finkk Ltd. All sums payable by the Client shall be paid in full by cash, cheque or telegraphic transfer and payment shall be deemed to have been made only when the payment has been credited for value to Finkk Ltd's account. Failure by the Client to make payment in accordance with this paragraph shall entitle Finkk Ltd to suspend any outstanding work/deliveries or to cancel the contract so far as it remains unperformed at its option and without prejudice to its rights to claim the price of materials supplied and services rendered at the date of cancellation and for loss incurred thereby.

Should work be suspended at the request of or delayed through any default of the Client for a period of 28 days Finkk Ltd shall be then entitled to payment for work already carried out and other additional costs.

Finkk Ltd may charge interest at the rate of 2.5% per annum above Barclays Bank plc's base rate on the amount of any unpaid accounts. Finkk Ltd may require the Client to pay 50 per cent of the contract price on the acceptance of the order and the remaining 50 per cent as stated above.

Claims advice of damage, delay or partial loss of goods in transit or of non-delivery must notify the Finkk Ltd or the specific printer/company involved as soon as possible.

The Client will inspect the materials as soon after delivery as is reasonably practicable and will notify Finkk Ltd or the printer/company involved as soon as possible of any defects in the materials or any other complaint in respect of the materials or services. Finkk Ltd will be under no legal liability in respect of any alleged defect supplied by the printer or complaint for any errors not corrected at the proofing stage.

Finkk Ltd shall not be liable for:

any defect in the materials arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Finkk Ltd's instructions (oral or written), or misuse or alteration to the materials without the approval of Finkk Ltd;

any materials and/or services wrongly supplied as a result of any misunderstanding arising from instructions (whether written or oral) given to Finkk Ltd;

any costs, liabilities, expenses, damages and losses arising out of any claim relating to any drawings, designs, materials or specifications, supplied by the Client;

any special, indirect, economic or consequential loss, costs or expenses of any kind, including without limitation any loss resulting from defective materials and loss of profit whether or not arising out of the negligence of Finkk Ltd and whether or not such loss was reasonably foreseeable or Finkk Ltd had been advised of the same;

any loss to the Client arising from delay in transit not caused by Finkk Ltd. Internet designs are completed and published at the risk of the client and Finkk Ltd cannot be held responsible for third party costs incurred by the content of such designs. It is the Client's responsibility to ensure the content is in keeping with English laws inc. copyright, criminal law, patents, trademarks and any other authority legislation affected by the content of the web site. Finkk Ltd reserves the right to terminate at any time a contract to design, print, publish any material felt to be in contradiction of any of these laws.

any delay in performing or any failure to perform any of its obligations in relation to any materials if the delay or failure is due to any unforeseen circumstances beyond its reasonable control;

Client's property

Except in the case of a Client who is not contracting in the course of a business nor holding himself out as doing so, the Client's property and all property supplied to Finkk Ltd by or on behalf of the Client shall while it is in possession of Finkk Ltd or in transit to or from the Client be deemed to be at Client's risk unless otherwise agreed by Finkk Ltd and the Client.

It is the Client's responsibility to ensure that in the case of web names and hosting the renewal payments are made within the contract period. A charge may be payable for administration work if required to assist in any hosting that has not been renewed.

Materials supplied by the Client

Where materials are so supplied or specified, Finkk Ltd 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.

Insolvency

If the Client ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company who is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person who commits an act of bankruptcy or has a bankruptcy petition issued against him, Finkk Ltd without prejudice to other remedies shall:

have the right not to proceed further with the contract or any other work for the Client and be entitled to charge for work already carried out (whether completed or not).

Illegal matter

Finkk Ltd shall not be required to publish any matter which is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.

Finkk Ltd shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent and design or of any other proprietary or personal rights contained in any material published for the Client. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim. It is the responsibility of the Client supplying images, text and any other elements forming the final design to ensure they are copyright approved and/or permissions have been granted for their usage if not owned/copy written by the Client.

Force majeure

Finkk Ltd shall be under no liability if they are unable to carry out any provision of the contract for any reason beyond their control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply. During the continuance of such a contingency the Client may by written notice to Finkk Ltd 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.

Copyright ©: all imagery and/or scripting used on Finkk Ltd servers or servers contracted by Finkk Ltd remains the intellectual property of Finkk Ltd, therefore it is prohibited and unlawful to copy, adapt, distribute, communicate to the public by electronic transmission (including by broadcasting and in an on demand service), rent or lend copies to the public or any other 3rd party within England and the UK without prior written permission of Finkk Ltd. If material is discovered in use without permission Finkk Ltd will inform the police or the relevant local trading standards department.

For more details phone us on 023 8094 2817, or email us on enquiries@finkk.com or click here to use our enquiry form.