XSCreativity

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Terms And Conditions

Confidentiality:
XS Creativity Ltd take the security of your data and personal information very seriously. We will act responsibly in relation to holding, transferring and processing of your data and personal information. All files and material of any kind, information - whether written or verbal, is treated in the strictest confidence. When sensitive information is required to be divulged to a third party as part of a project, consent will always be sought prior to the event.

Quality:
XS Creativity Ltd offers the very highest standards of design and professionalism. Every effort will be made to obtain the best possible reproduction of customers work. However, it is the customers own responsibility to ensure that any media submitted are suitable for the work in hand, XS Creativity Ltd cannot accept liability for results caused by unsuitable or inferior originals submitted by the customer. Printing material ? Unless stated by the customer, XS Creativity Ltd will use their professional judgement as to which paper or board, weight and finish to use. XS Creativity Ltd will replace sub-standard print in line with Print Federation and industry guidelines. XS Creativity Ltd endeavour to deliver the correct print quantity ordered, but estimates are conditional upon margins of 10% allowing for overs and shortages.

Proofs:
Proofs will be submitted for customers approval as XS Creativity Ltd shall incur no liability for any errors not corrected at proof stage by the customer. Customers alterations and any additional proofs necessitated thereby may be charged extra. In situations where the customer is not available to check proofs and XS Creativity Ltd must make judgement for the sake of timely product delivery, we shall exercise all possible care, but shall incur no liability for any errors or omissions so caused. Similarly, if no customer representative is available to check final proofs, XS Creativity Ltd reserves the right to suspend production without liability until such a time as those proofs can be checked.

Liability:
XS Creativity Ltd liability shall not exceed the total of the contract fees for the project. XS Creativity Ltd will not be liable for any loss or damage to the client or any party, including loss of profits, damage to property or wasted expenditure, it is the customers responciability to insure against any such loss and damage.

Fees:
XS Creativity Ltd will provide an estimate outlining the project specifications and estimated fees for our time based on our current hourly rate, plus any goods and professional services commissioned by us in order to complete the project. If the brief changes that alters the specifications described in the original estimate, XS Creativity Ltd will submit a revised estimate to the customer, revised fees must be agreed to by both parties before further work proceeds. Additional or alternative work requested by the customer performed by XS Creativity Ltd after an estimate has been approved is considered to be a revision or alteration. Authors alterations and revisions including copy changes are billed at our standard hourly rates. Estimates are based on a reasonable time schedule, XS Creativity Ltd reserve the right to revise estimates to take into consideration any 'time sensitive' requests for work required in a hurry or that requires overtime. Our suppliers may mark up their charges for the same reason. Estimates are valid for 30 days from the date on the estimate.

Schedule:
XS Creativity Ltd will adhere to agreed schedules. However, the customer agrees any delay in supplying materials or approval to XS Creativity Ltd shall extend the deadline by a period at least equal to the customers delay. In addition, customers failure to meet 'time sensitive' deadlines will entitle XS Creativity Ltd to prepare a revised schedule based on a realistic estimate of the effect of the delay, taking into account other works scheduled by XS Creativity Ltd. XS Creativity Ltd or its agents shall be under no liability if unable to carry out any provision of a contract for any reason beyond its control including Act of God, legislation, war, fire, flood, drought, failure of power supply, lock out, strike or owing to any inability to procure materials required for the performance of the contract. During the continuance of such contingency the customer may by written notice to XS Creativity Ltd elect to terminate the contract and pay for work and materials to-date, otherwise the customer shall accept delivery when available.

Material:
(i) Originals owned by XS Creativity Ltd or its agents remain XS Creativity Ltd's exclusive property. Items supplied by the customer shall remain the customer's property.
(ii) Customer's property, supplied to XS Creativity Ltd or its agents on behalf of the customer are deemed to be at customer's risk and the customer should insure accordingly. The customer agrees to obtaining all necessary authority to reproduce any content provided to XS Creativity Ltd for the purposes of fulfiling the customers instruction. The customer agrees to indemnify XS Creativity Ltd against all losses, damages, claims or expenses arising from any breach of this condition.
(iii) XS Creativity Ltd, under normal circumstances will store original artwork on file for a period of one year beyond delivery, after which time XS Creativity Ltd reserves the right to dispose of it without notice. Duplicate copies can be supplied for an additional charge should the customer request them.

Ownership and payment:
XS Creativity Ltd reserves the right to insist upon payment being received prior to the commencement of work for customers that have not had a submitted credit application approved by our accounts department. Normal conditions will result in an invoice being raised on delivery with full payment being made within 30 days of invoice date. XS Creativity Ltd reserves the right to apply interest charges on sums outstanding from 31 days. The customer will pay XS Creativity Ltd any expenses incurred in connection with the recovery of monies outstanding. Property in any preliminary or completed work shall not pass to the customer until XS Creativity Ltd has received full and satisfactory payment of all the preliminary or completed work and all other work carried out by XS Creativity Ltd for the customer for which payment is then due. Until such time the property including intellectual rights in any work carried out by XS Creativity Ltd for the customer passes to the customer, the customer shall properly store, protect, insured and identify as XS Creativity Ltd property. The Customer shall not be entitled to resell or use such work, whether tangible or intangible.

Copyright law:
The rights to all design and artwork, including but not limited to photography, music and or illustration created by independent photographers, artists or illustrators retained by XS Creativity Ltd, or purchased from a stock agency on behalf of the customer, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of 'all rights' is negotiated with XS Creativity Ltd, you may not use or reproduce the design, artwork or the property therein for a purpose other than the one(s) originally stipulated. If you wish to use the design XS Creativity Ltd have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and make full payment of any additional fees before proceeding. Artwork files including roughs, visuals, mock-ups and presentations are the property of XS Creativity Ltd and will not be released or copied for the customer or any third party to use in any way whatsoever without prior written agreement by a director of XS Creativity Ltd. XS Creativity Ltd reserve the right to photograph and/or distribute or publish any work we create for you, including roughs, visuals, mock-ups and presentations, for our promotional and marketing needs, and as samples for our portfolio, newsletter, brochures, presentations and website.

Email:
As the Internet is not a secure medium of communication, we cannot guarantee the security of any information transferd to or from XS Creativity Ltd via the Internet. Any e-mails may be intercepted at any time by a third party as such communications will not be encrypted. Any such e-mail will be deemed, therefore to be non-confidential and those e-mails may be intercepted by other parties. XS Creativity Ltd is not and will not be responsible for any damages you or any other party may suffer as a result of the loss of confidentiality of any such information.

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