Terms & Conditions

1. Definitions

‘Client’ is any business or individual to whom The Company provides Services

‘Contract’ is the terms and conditions set out in this document

‘The Company’ is Amadeus Art

‘Services’ is all work done/services by The Company for the Client both before and after the Execution Date.  For the avoidance of doubt, this will include all speculative or unpaid work as well as work for which payment is received or for which invoices are raised.

‘Project Agreement’ is any agreement whether written or verbal made between The Company and the Client relating to Services provided by The Company to the Client. The ‘Project Agreement’ that is set summarises the Services to be provided by the Company (as detailed in the Project Specification), as well as the agreed price for these services and any other project-specific information.

‘Project Specification’ means the detailed list of Services that are to be provided to the Client by The Company as set out in the Project Agreement.

‘Intellectual Property Rights’, also known as “IPR”, means any and all previous, existing and future intellectual or industrial property rights, including, but without prejudice to the foregoing generality, all existing and future copyrights, design rights (whether registered or unregistered), database rights, patents, trademarks (whether registered or unregistered), internet rights or domain names, know-how, confidential information and any and all applications for any of the foregoing and any and all rights to apply for any of the foregoing, in any documents, material, items, inventions, products or other deliverables supplied, developed or created by The Company or on behalf of The Company (whether by an employee or sub-contractor) by virtue of or for the purpose of the provision of the Services provided to the Client by The Company, including, but not restricted to, any logos, designs, computer code (whether source code or object code) or process diagrams;

 

2. Interpretation and Construction

Save to the extent that the context or the express provisions of these Terms & Conditions require otherwise, in these Terms & Conditions:

2.1) Words importing the singular shall include the plural and vice-versa;

2.2) Words importing any gender shall include all other genders.

 

3. Headings

The headings and sub-headings in these Terms & Conditions are included for convenience only and shall be ignored in construing these Terms & Conditions.

 

4. Provision of Information

4.1) The Client warrants that all information and materials supplied by the Client to The Company during the course of the Project:

4.1.1) does not contain anything which constitutes an infringement of copyright, is defamatory, obscene or otherwise illegal;

4.1.2) has the necessary authority and permissions in respect of the use of pictorial representations of (or purporting to be of) living persons and of words attributed to living persons;

4.1.3) shall be legal, decent, honest and truthful, and shall comply with the British code of Advertising Practise or British Code of Sales Promotion Practise and all other codes under the general supervision of the Advertising Standards Authority.

4.2) The Company reserves the right to require copy and other materials to be amended to meet its approval and to terminate or suspend the Project at its sole discretion if such amendments are not made to its satisfaction.

4.3) The Client agrees to indemnify The Company in respect of all costs, damages or other charges falling upon The Company as the result of legal action or threatened legal action arising from the publication and/or distribution of materials and/or information supplied by the Client.

 

5.  Cancellation

The company must be given notice in writing of the Cancellation of all or any part of the Project no less than seven working days prior to the project start date as specified in the Project Agreement. If notification of cancellation is not received within the required time period, the Client will be charged at a rate of 50% of the value of the agreed price specified in the Project Agreement. These fees may be waived by The Company at The Company’s sole discretion.

 

6.  Amendments & Additions

Amendments and/or additions to the Project Specification shall be agreed in advance by The Company and the Client and may result in additional costs to the Client.  All such additional costs shall be agreed in advance unless specifically stated otherwise in the Project Agreement.

 

7.  IPR Claims

The Company will use their best efforts to perform various checks to ensure that all creative materials that they create do not infringe the IPR of any other person or company in the UK.  The Company does not, however, provide any guarantee or warranty that these searches will be completely accurate and the Client agrees to indemnify The Company against all actions, claims, proceedings, costs and damages, including but not restricted to, any damages or compensation paid by the Client on the bonafide advice of its legal advisers to compromise any claim and all legal costs or other expenses arising out of any IPR claims brought against them.

 

8.  Payment Terms

All invoices and any other form of request for payment shall be subject to our Payment Terms & Conditions;

Payment Terms & Conditions

In the absence of agreed credit terms, payment must be received at the time of booking by bank transfer / online banking payment. Credit terms are at the sole discretion of The Company and may be withdrawn at any time.

Unless otherwise agreed, credit terms are strictly 30 days from the date of the invoice.

In the event that an invoice is not paid within the timescale specified in these terms and conditions, we reserve the right to charge interest from the date of the invoice at a rate of 3% above the base rate of HSBC Bank.

If an invoice has not been paid for a period deemed to be excessive by The Company, The Company may engage the services of a debt recovery specialist.   The Client will be responsible for paying all of the costs incurred by The Company in recovering the debt.

The ownership of all Intellectual Property Rights (IPR) shall remain the property of The Company until all invoices issued to the Client are paid in full by the Client.  Should the Client fail to pay any invoice relating to Services provided by The Company on the Clients behalf, the Client will not be able to use any of the Intellectual Property Rights (including but not limited to the copyright) created by The Company while providing Services to the Client and doing so may lead to legal action being taken against the Client.

 

9.  Value Added Tax (VAT)

The Company will be entitled to charge the amount of any Value Added Tax payable whether or not stated in The Contract or included in the quotation.  For the avoidance of doubt, all prices are quoted exclusive if VAT, unless stated otherwise.

 

10. Assignation of IPR

All Intellectual Property Rights (IPR) shall remain the property of the Company until such times as full payment of all monies owed to The Company by the Client is received, at which time all relevant IPR shall be assigned to the Client;

 

11. Confidentiality

All commercially sensitive information provided to The Company by the Client as part of the Project shall be protected by way of a confidentiality agreement / privacy policy.

 

12. Client Agreement

12.1 Confidentiality Agreements

We always sign Confidentiality Agreements with all of our clients that we undertake BRAND JOURNEY work with clients.  These agreements stipulate that we cannot divulge the details of the work that we do with our clients.

The reason that we always enter into a confidentiality agreement with our clients is due to the fact that much of the information that is divulged in the course of the BRAND JOURNEY process is highly sensitive in nature.  We feel that we not only have a moral obligation to keep the material we uncover confidential but it also gives our clients confidence that they can trust us with their information which is critical to building the foundation for a successful brand that works.

12.2 Assignation of Copyright

Many people who commission and external person company to create some form of artistic work, including graphic design, do not realise that the copyright to the work is owned by the person/company who creates it.  This can cause a lot of difficulties for the companies who commission the work.  In the worst case, a business can find that they create a successful brand with a well-known logo and find that they don’t actually own the rights to their own logo!

At Amadeus Art we believe that when you pay us to develop a brand for you then you should own the rights to all of the materials that we create for you.  Consequently, we assign copyright to you for all of the materials that we create for you.  Not only that but the assignation is not limited to work done as part of the branding project but for all work that we undertake for you in the future.

 

13.  General Terms

The placing of an order by the Client to The Company for any work shall constitute an acceptance of the above conditions and any conditions stipulated on the Client’s own form or elsewhere by the Client shall be void in so far as they are in conflict with them.

 

14. Disclaimer

The content and information provided in this website is provided freely for use by visitors to the site and Clients of The Company.  Your use of any information provided on this website is strictly at your own risk and The Company shall be in no way liable for any loss suffered as a result of the use of this information.  If you do not agree to this then you should not use any of the information either directly or indirectly in your business or any other business.

You are granted a limited license to copy anything from this site.  This does not create or imply any contractual or extra contractual liability on the part of The Company or any of its agents, members, organizers or other users.

Any intellectual property rights that are mentioned, used or cited on this site are the property of their respective owners.  Unless otherwise stated, The Company’s sites are neither endorsed by nor affiliated with any of the holders of such rights, nor can The Company grant rights to use otherwise protected materials. Your use of any such incorporeal property is at your own risk.

For further information, please contact us at contact@amadeusart.co.uk.

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