TERMS & CONDITIONS
The following Terms and Conditions of Service apply to all products and services provided by The New Fat Ltd.
All work is carried out by The New Fat Ltd on the understanding that the client has agreed to The New Fat Ltd’s terms and conditions.
Copyright is retained by The New Fat Ltd on all design work including words, pictures, ideas, visuals and illustrations including all original artwork files unless specifically costed and released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by THE NEW FAT LTD as fulfilling the contract. All other designs remain the property of The New Fat Ltd, unless agreed in writing that this arrangement has been changed.
These Terms and Conditions shall be governed by, construed by and shall take effect entirely in accordance with the laws of England subject to the exclusive jurisdiction of the English courts.
At the time of proposal, The New Fat Ltd will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on The New Fat Ltd’s website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to The New Fat Ltd. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept The New Fat Ltd’ terms and conditions. No work on a project will commence until either document has been received by The New Fat Ltd.
The New Fat will use reasonable endeavours to adhere to any dates proposed by either the Company or the User for the provision of Services, however any such date is to be treated as an estimate only and the Company accepts no liability for failure to meet such dates.
Where The New Fat uses any third-party services, printers, site search facilities, chat room, email, web hosting/developers or search engines submission services, the Company cannot be held responsible for those third-party service commitments, quality or availability.
All work carried out, whether experimentally or otherwise, at the customers request shall be charged.
Charges for design services to be provided by The New Fat Ltd, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due.
CHARGES FOR OTHER SERVICES
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
PaymentThe customer will be provided with a proof to approve (either electronically or printed) and invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to The New Fat Ltd, alternatively the client may send approval in reply to the proof via email. Accounts which remain outstanding for 30 days (or the term specified on the invoice) after the date of invoice, will incur an extra charge of 8% per month of the outstanding amount.
Payments may be made by cash, cheque, bacs, or (for overseas customers), Pound Sterling International Money Order or previously agreed electronic funds transfer.
Publication and/or release of work done by The New Fat Ltd on behalf of a new client or a client who has no credit agreement, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of £50.00 per returned cheque. The New Fat Ltd reserves the right to consider an account to be in default in the event of a returned cheque.
All charges quoted are subject to review and adjustment by the Company at any time. The price of the goods or services shall be at the Company’s quoted price. All prices quoted are valid for 30 days from the time of the quotation after which time the Company may alter them without giving notice to the User.
There is a minimum invoice value of £48.00 that will be invoiced for any transaction to cover administration and handling charges.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. The New Fat Ltd shall be considered entitled to remove The New Fat Ltd’ and/or the customer’s material from any and all computer systems, and the removal of any printed items which the client has in their possession, corporate identities are not allowed to be used in any way, until the amount due has been fully paid. This includes any and all unpaid monies due for all design related services, including, but not limited to, printing of goods, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay The New Fat Ltd reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
FULL COLOUR PRINTING
Every effort will be made to obtain the best possible colour reproduction on customers work but due to the nature of the process involved The New Fat Ltd shall not be required to guarantee an exact match in colour or texture between the printed results and any proof or existing copy so supplied. Pantone ink matches cannot be produced using the full colour process. Any proof copies issued are NOT colour accurate and are issued for content checking only.
The New Fat Ltd have no control over the production of artwork supplied by customer and or their agents, the guide produced by The New Fat Ltd is a basic guide only and in no way provides an exhaustive or guaranteed result, where customers or their agents supply artwork for print on disk or via any other means this is done entirely at the customers own risk The New Fat Ltd can accept no responsibility for the quality of the printed product.
COPYRIGHTS & TRADEMARKS
By supplying text, images and other data to The New Fat Ltd for inclusion in the customer’s website, printed promotional material or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any original artwork, images, or text supplied and/or designed by The New Fat Ltd on behalf of the customer, will remain the property of The New Fat Ltd and/or it’s suppliers.For logo design projects which are quoted for at full market price The New Fat Ltd will give copyright ownership in writing for just one final chosen logo from the design choices presented to the client.
The customer may request in writing from The New Fat Ltd, the necessary permission to use materials (for which The New Fat Ltd holds the copyright) in forms other than for which it was originally supplied, and The New Fat Ltd may, at it’s discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to The New Fat Ltd, the customer grants The New Fat Ltd permission to use this material freely in the pursuit of the design.
Should The New Fat Ltd, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow The New Fat Ltd to remove and/or replace the file on the site or document.
The customer agrees to fully indemnify and hold The New Fat Ltd free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The customer also agrees that The New Fat Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.
The Company shall not be liable to the User or deemed to be in breach of the Agreement by reason of any delay in performing or any failure to perform any of the Company’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Company’ reasonable control. Without prejudice to the generality of the foregoing the following, shall be regarded as causes beyond the Company’s reasonable control: Act of God, explosion, flood, tempest, fire or accident, War or threat of war, sabotage, insurrection, civil disturbance or acquisition, Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government parliamentary or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving employees of the Company or any third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.
Any design, copywriting, drawing, idea or code created for the customer by The New Fat Ltd, or any of it’s contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of The New Fat Ltd and any of it’s relevant sub-contractors.
All design work- where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. The New Fat Ltd will not be held responsible for any and all damages resulting from such claims.
The New Fat Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold The New Fat Ltd responsible for any such loss or damage. Any claim against The New Fat Ltd shall be limited to the relevant fee(s) paid by the customer.
The client agrees to The New Fat Ltd’s definition of acceptable means of supplying data to the company. Text is to be supplied to The New Fat Ltd in electronic format as standard text (.txt) or MS Word (.doc). Images which are supplied in an electronic format, are to be provided in a format as prescribed by The New Fat Ltd via e-mail. Images must be of a quality suitable for use without any subsequent image processing, and The New Fat Ltd will not be held responsible for any image quality which the client later deems to be unacceptable. The New Fat Ltd cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
DESIGN PROJECT DURATION
Any indication given by The New Fat Ltd of a design project’s duration is to be considered by the customer to be an estimation. The New Fat Ltd cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by The New Fat Ltd for the initial payment or by date confirmed in writing by The New Fat Ltd.
RIGHTS OF ACCESS FOR WEBSITE CONSTUCTION
The client agrees to allow The New Fat Ltd all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow The New Fat Ltd access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply The New Fat Ltd with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
DESIGN PROJECT COMPLETION
The New Fat Ltd considers the design project complete upon receipt of the customer’s signed Approval form, or receipt of an email, telephone conversation or postage item which confirms that a proof supplied is acceptable and approved. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
WEBSITE DESIGN ONLY
All website projects are designed to a specific sitemap and specification which is predetermined in a website design and development agreement. Once web design is complete, The New Fat Ltd will provide the customer with the opportunity to review the resulting work. The New Fat Ltd will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to The New Fat Ltd by e-mail or fax and confirmed by post.
The New Fat Ltd will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
The New Fat Ltd does not offer in-house hosting services. The New Fat Ltd can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. The New Fat Ltd may request that clients change the type of hosting account used if that account is deemed by The New Fat Ltd to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organisation are the responsibility of the client and The New Fat Ltd are not liable for their payment.
The New Fat Ltd cannot guarantee the availability of any domain name. Where The New Fat Ltd is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
SEARCH ENGINE SUBMISSION
Due to the infinite number of considerations that search engines use when determining a site’s ranking, The New Fat Ltd cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
The customer agrees to allow The New Fat Ltd to place a small credit on printed material exhibition displays, advertisements and/or a link to The New Fat Ltd’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow The New Fat Ltd to place websites and other designs, along with a link to the client’s site on The New Fat Ltd’s own website for demonstration purposes and to use any designs in its own publicity.
RIGHTS OF REFUSAL
The New Fat Ltd will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. The New Fat Ltd also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that The New Fat Ltd does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow The New Fat Ltd to remove the contravention without hindrance, or penalty. The New Fat Ltd is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, The New Fat Ltd will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed, or a minimum of £45 , above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by The New Fat Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
The New Fat Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. The New Fat Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. The New Fat Ltd is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold The New Fat Ltd responsible for any such loss or damage. Any claim against The New Fat Ltd shall be limited to the relevant fee(s) paid by the customer.
The New Fat Ltd reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. The New Fat Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
The New Fat Ltd and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. The New Fat Ltd recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. The New Fat Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
ACCEPTANCE OF QUOTATION AND TERMS AND CONDITIONS
The placement of an order for design and/or any other services offered by The New Fat Ltd and validated by the customer’s signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and The New Fat Ltd.