1. Price variation
Quotations are based on the current costs of artwork and production and, unless otherwise stated, are subject to amendment at any time after acceptance to meet any rise or fall in such costs.
Except in the case of a customer who is not contracting in the course of a business not holding themselves out as doing so, PWD reserves the right to charge the amount of any value added tax payable whether or not included in the quotation or invoice.
3. Design Work
All design or artwork carried out whether experimental or otherwise, at
customer’s request shall be charged, at the discrection of PWD.
A charge may be applied to cover any additional work if any copy
supplied by the customer is not clear or legible.
Proofs of all design work submitted for customer’s approval PWD shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customers alterations and additional proofs necessitated could be charged extra. When design and layout is left to PWD judgement changes therefrom made by customer may be charged extra.
6. Delivery and Payment
(a) Delivery of work shall be accepted when notification of that work has been completed the ownership shall pass subject to provisions in clause 17. (b) Unless otherwise specified the price quoted is for delivery to the customer’s address as set out in the Quotation/Invoice. A charge may be made to cover extra costs for delivery to a different address.
If the customer ceases to pay his debts in the ordinary course of business or cannot pay his 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 him, PWD without prejudge to other remedies shall.
(a) have the right not to proceed further with current or future work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer will be charged for.
(b) in respect of all unpaid debts due from the customer whether or not the customer has possession shall be entitled 14 days notice to dispose of such goods or property in such manner and at such price as to
apply proceeds to the debt.
14. Illegal matter
(a) PWD shall not design or print any matter which is in its opinion
may be illegal or libellous matter or an infringement of the proprietary or other rights of any third party.
(b) PWD shall be indemnified by the customer in respect of any claims, cost and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary rights contained in any materials designed or printed by PWD. The indemnity shall extend to any amount paid on a lawyer’s advice in settlement of any claim.
15. Force majeure
PWD shall be under no liability if we are unable to carry out any Provision of the order for any reason beyond its 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. During the continuance of such a contingency to customer may give written notice to PWD elect to terminate the order and pay for work done, but subject thereto shall other wise accept delivery when available.
These conditions and all other express terms of the contract shall be
governed and construed in accordance with the laws of England.
(a) Title to the Goods shall not pass to the Purchaser until payment in full of the price therefor. Until such payment the Purchaser shall have possession of the Goods as bailee for the Seller and shall store the Goods in such a way as to enable them to be identified as the property of the Seller provided that if the purchaser is purchasing the Goods for resale the Purchaser may as agent for the Seller and deliver the Goods to a third party in the ordinary course of the Purchaser’s business on
condition that until such payment as aforesaid the Purchaser shall hold all proceeds of such sales in trust for the Seller sell and in a separate account. The Purchaser hereby assigns to the Seller all rights and claims which the Purchaser may have against its customers arising from such sales until payment is made in full as aforesaid.
(b) The Seller reserves the right to re-possess any Goods in-respect of which payment is overdue and thereafter to re-sell the same and for this purpose the Purchaser hereby grants an irrevocable right and licence to the Seller’s servants and agents to enter upon all or any if it’s premises with or without vehicles during normal business hours. The right shall continue to subsist notwithstanding the termination of the contract for any other reason and is without prejudice to any accrued rights of the Seller thereunder or otherwise.
(c) Should expedited delivery be agreed extra charges may occur.
(d) Should work be suspended at the request of or delayed through any default of the customer for a period of 20 days then PWD shall then be entitled to payment for work carried out.
(e) Payment terms are 30 days from invoice date unless otherwise stated on the invoice/order.
(f) PWD has the right to charge a late payment fee on any unpayed invoices that have past there said 30 day period.
7. Variations in quality
Every effort will be made to deliver the correct quantity ordered but estimates are conditional upon margins of 5 percent for work in one colour and 10 percent for other work.
Advice of damage, delay or partial loss of goods in transit or of non- delivery must be given in writing to PWD and or the carrier within three working days. PWD shall not be liable in respects of any claim unless the aforementioned requirements have been complied with exception in any particular case where the customer proves that it was not possible to comply or PWD gave advice where required.
PWD shall not be liable for any loss to the customer arising from errors,
copyright of provided images and delays that where deemed unforeseen.
All materials supplied by the customer will remain the customer’s property. All artwork, proofs and digital files of customer’s work will remain property of PWD unless otherwise agreed inadvance.
11. Customer’s property
(a) Customers property while in the possession of PWD or in transit will be deemed to be at customer’s risk unless otherwise agreed and the customer should insure accordingly.
12. Materials supplied by the customer
PWD may reject any materials specified by the customer which appear to be unsuitable. Additional costs may be incurred if additional time or materials have to be purchased to complete quoted job. All material supplied are at customer’s own risk.
PWD The Creative Solution Terms and Conditions
Who we are
In this section you should note your site URL, as well as the name of the company, organization, or individual behind it, and some accurate contact information.
The amount of information you may be required to show will vary depending on your local or national business regulations. You may, for example, be required to display a physical address, a registered address, or your company registration number.
What personal data we collect and why we collect it
In this section you should note what personal data you collect from users and site visitors. This may include personal data, such as name, email address, personal account preferences; transactional data, such as purchase information; and technical data, such as information about cookies.
You should also note any collection and retention of sensitive personal data, such as data concerning health.
In addition to listing what personal data you collect, you need to note why you collect it. These explanations must note either the legal basis for your data collection and retention or the active consent the user has given.
Personal data is not just created by a user’s interactions with your site. Personal data is also generated from technical processes such as contact forms, comments, cookies, analytics, and third party embeds.
By default WordPress does not collect any personal data about visitors, and only collects the data shown on the User Profile screen from registered users. However some of your plugins may collect personal data. You should add the relevant information below.
In this subsection you should note what information is captured through comments. We have noted the data which WordPress collects by default.
In this subsection you should note what information may be disclosed by users who can upload media files. All uploaded files are usually publicly accessible.
By default, WordPress does not include a contact form. If you use a contact form plugin, use this subsection to note what personal data is captured when someone submits a contact form, and how long you keep it. For example, you may note that you keep contact form submissions for a certain period for customer service purposes, but you do not use the information submitted through them for marketing purposes.
In this subsection you should list the cookies your web site uses, including those set by your plugins, social media, and analytics. We have provided the cookies which WordPress installs by default.
By default WordPress does not collect any analytics data. However, many web hosting accounts collect some anonymous analytics data. You may also have installed a WordPress plugin that provides analytics services. In that case, add information from that plugin here.
Who we share your data with
In this section you should name and list all third party providers with whom you share site data, including partners, cloud-based services, payment processors, and third party service providers, and note what data you share with them and why. Link to their own privacy policies if possible.
By default WordPress does not share any personal data with anyone.
How long we retain your data
In this section you should explain how long you retain personal data collected or processed by the web site. While it is your responsibility to come up with the schedule of how long you keep each dataset for and why you keep it, that information does need to be listed here. For example, you may want to say that you keep contact form entries for six months, analytics records for a year, and customer purchase records for ten years.
What rights you have over your data
In this section you should explain what rights your users have over their data and how they can invoke those rights.
Where we send your data
In this section you should list all transfers of your site data outside the European Union and describe the means by which that data is safeguarded to European data protection standards. This could include your web hosting, cloud storage, or other third party services.
European data protection law requires data about European residents which is transferred outside the European Union to be safeguarded to the same standards as if the data was in Europe. So in addition to listing where data goes, you should describe how you ensure that these standards are met either by yourself or by your third party providers, whether that is through an agreement such as Privacy Shield, model clauses in your contracts, or binding corporate rules.
In this section you should provide a contact method for privacy-specific concerns. If you are required to have a Data Protection Officer, list their name and full contact details here as well.
How we protect your data
In this section you should explain what measures you have taken to protect your users’ data. This could include technical measures such as encryption; security measures such as two factor authentication; and measures such as staff training in data protection. If you have carried out a Privacy Impact Assessment, you can mention it here too.
What data breach procedures we have in place
In this section you should explain what procedures you have in place to deal with data breaches, either potential or real, such as internal reporting systems, contact mechanisms, or bug bounties.
What third parties we receive data from
What automated decision making and/or profiling we do with user data
If your web site provides a service which includes automated decision making – for example, allowing customers to apply for credit, or aggregating their data into an advertising profile – you must note that this is taking place, and include information about how that information is used, what decisions are made with that aggregated data, and what rights users have over decisions made without human intervention.
Industry regulatory disclosure requirements
If you are a member of a regulated industry, or if you are subject to additional privacy laws, you may be required to disclose that information here.