Terms and Conditions
(19 Grams) 19 Grams Ltd whose registered office is Somerville Road, Leicester, LE3 2ET
(Client) The individual/organisation for whom 19 Grams are performing a service by request of said individual/organisation.
(Brief) The Brief refers to any contact between the Client and 19 Grams in which details and restrictions about the project are outlined and mutually acknowledged. This may include but is not limited to; email, written communications, given brief, completed brief template.
1. Description of goods
1.1 19 Grams supply the Brief to be signed off by both 19 Grams and the Client for all kinds of service offered. This, as well as any acknowledged communications created during the project, will act as the definitive description of goods. 19 Grams will keep records of all communications and update the Brief as appropriate.
1.2 19 Grams endeavour to allow Clients the ability to amend and refine their design to the best possible standard however due to limitation of time and resources 19 Grams must limit the number of Client led amends to 2 amends. Client led amends are defined by 19 Grams as: Changes to the final deliverables after all points of the outlined Brief are fulfilled.
2.1 If you intend to pay 19 Grams hourly 19 Grams are happy to deliver an up-to-date documentation of project costs on request. Should the number of hours spent be deemed unacceptable at the time of invoicing 19 Grams will not be held accountable.
2.2 19 Grams reserve the right to charge an additional cost for work performed outside of acceptable business hours. These are defined by 19 Grams as between 09.00am and 17.00pm Greenwich Mean Time on the days of Monday, Tuesday, Wednesday, Thursday and Friday with the exception of bank holidays. The aforementioned cost is defined within the Brief.
2.3 Where services include the supply of materials or labour, 19 Grams may vary the agreed price to take account of any increased costs. 19 Grams will inform the Client of any change in cost before the additional work is undertaken.
2.4 When working for a fixed price 19 Grams will notify you should this price change before the work is undertaken.
2.5 19 Grams will not be held accountable for a project delay or collapse due to additional work being demanded and therefore an addition to cost and an extension/adjustment of timescales.
3.1 19 Grams allow up to 30 days from invoicing for a payment to be received unless otherwise specified.
3.2 Please ensure that, should you place 19 Grams on a retainer, the conditions of such retainer are agreed upon before the work is begun and signed in writing.
3.3 Although 19 Grams offer a 30 day credit period, work tackled by third parties will require payment upfront. These services include but are not limited to printing, web development, illustration, photography.
3.4 19 Grams provide the Client with a payment schedule within the Brief should they want to draw up their own bespoke payment schedule.
3.5 For projects that are expected to run for longer than 30days, 19 Grams provide a payment schedule with pre-defined payment points. These payment points must be defined at the start of the project.
3.6 In the event of an on-going contract with no set value i.e. Projects costed hourly/daily 19 Grams reserve the right to invoice at such a point that the project value exceeds £1000 and for every subsequent multiple of that value.
3.7 19 Grams reserve the right to perform a credit check on any individual, organisation or parent organisation for which they undertake work.
3.8 19 Grams will insist on a payment schedule for jobs for which the value exceeds £1,000.
3.9 19 Grams reserve the right to charge interest on any overdue payment in accordance with the Late Payment of Commercial Debts (Interest) Act. 19 Grams will charge interest at 5% per day for the duration that an invoice remains overdue and unpaid.
3.10 19 Grams will invoice you via email in a .PDF file format and seek confirmation immediately that this invoice has been received. 19 Grams will not be held accountable for non-valid invoicing once an invoice has been confirmed as received.
3.11 19 Grams reserve the right to begin winding up proceedings against any Client who are unable or unwilling to pay for work delivered.
Variation of Services
4.1 19 Grams reserve the right to alter expected project timescales based on reasonable grounds such as demand for additional work for which the existing timeframe is unfeasible and unforeseen circumstances, such as equipment failure or acts of god (see section 6. Force Majeure), causing a project delay.
4.2 If 19 Grams accepts a request to vary the Services the price and times for the project will be adjusted by 19 Grams as appropriate and the changes notified to the Client. 19 Grams may decline to carry out any requested variation.
5.1 19 Grams endeavour to ensure that information security is paramount. In order to achieve this the following measures are employed:
- Work is kept on a password protected network accessible only within the studio.
- Files are backed up onto secure storage daily.
- Agreements are in place between 19 Grams and any third party contractors.
- 19 Grams employ a ‘double checking’ method on all projects.
- 19 Grams employ email encryption where appropriate.
- 19 Grams work from securely locked, council run premises.
5.2 All delivery dates given by 19 Grams are given in good faith but dates are not guaranteed and 19 Grams will not be liable to the Client for any delay in delivery.
6.1 19 Grams acknowledge that there are very occasional instances within our industry, in which there may be disagreement around the quality/appropriateness of designs. In these cases 19 Grams reserve the right to rectify any errors for which they are held responsible. Details of what is expected of 19 Grams for any individual project can be found within the Brief.
7.1 Neither party to this agreement shall be liable for failing to perform or delay of performance, if delay is caused by circumstances or events outside their reasonable control, which shall include but not be limited to industrial action, acts of God, terrorism and civil commotion, refusals to grant licences or permissions.
7.2 In the event of the above issues 19 Grams will attempt to pass you onto an alternative suitable and reputable supplier.
Retention of Title
8.1 Any design work or intellectual property created or exchanged during a project is the property of 19 Grams and should be treated as such. Should you wish to transfer any intellectual property or trademarked items on project completion you will need a written document signed by either Chris Seed or Tom O’Callaghan expressing their consent for the transfer.
8.2 19 Grams reserve the right to publicise any work created for portfolio use unless otherwise specified.
8.3 Title passes on to the Client once 19 Grams has received payment for the project and signed over said title in writing, however risk is passed on to the Client upon delivery.
8.4 Under no circumstances will the Client copy or make use of any of 19 Grams i.p.rights.
Warranty & Liability
9.1 Liability placed on 19 Grams is limited to the fees payable by the Client or, where applicable, the fees appropriate to the area of the project which the dispute concerns. Under no circumstances will 19 Grams’ liability to the Client exceed a sum equal to the total price payable for the relevant Services nor will it extend to any loss of business or profit or any indirect loss incurred by the Client.
9.2 All terms, conditions and warranties implied by law, trade use or otherwise (including but not limited to any warranties as to quality or fitness for purpose) are excluded to the extent permitted by law. The Client acknowledges that the only warranties are those given expressly by the Supplier in these Conditions.
9.3 19 Grams will not be held responsible for mistakes which occur due to miscommunication from third parties controlled by the Client and for which 19 Grams are not responsible.
9.4 19 Grams will exercise reasonable skill and care in the supply of the services.
10.1 If the Client (a) commits a breach of agreement, or (b) fails to make a payment on the due date, or (c) becomes insolvent or has a receiver or liquidator appointed then, in any such case, 19 Grams shall be entitled to end the agreement and recover all costs and losses including loss of profit up to the termination date.
10.2 Should legal proceedings ensue concerning this agreement; 19 Grams intend to recover the full value of the project, any interest accumulated on the project invoice and the resulting cost to 19 Grams of any legal proceedings.
10.3 Either party may terminate this agreement by written notice to the other party if that the other party:
(A)Commits a breach in this agreement (and in the case of a breach capable of remedy, it fails to remedy the breach within 14 days of being required to do so in writing);
(B)Becomes insolvent, or has a liquidator, receiver, manager or administrative receiver appointed.