1.1 All work is carried out by Adelante on the understanding that the client has agreed to our terms and conditions.
1.2 These terms and conditions (‘the terms’) govern every contract made between Adelante for the supply of goods and services to any person, firm or company (‘the client’).
1.3 The terms prevail over any written terms and conditions of the client.
1.4 Any variation to the terms must be agreed in writing by the partners of Adelante.
1.5 All contracts between Adelante and the client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
2. Price & Payment
2.1 The client will pay Adelante the agreed fee as quoted.
2.2 Adelante will invoice the client after 30 days for work completed if feedback is not received to progress the client’s project.
2.3 Invoices from Adelante to client for supply of goods or services should be paid in full within 30 days of invoice.
2.4 The client will pay Adelante any expenses incurred in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
3.1 Orders for work must be given in writing to Adelante works by the client – either by post or email.
3.2 Not withstanding clause 3.1, if Adelante accepts a verbal order from the client, Adelante will not be held responsible for any mistakes (made by either party) arising from that verbal order.
3.3 Adelante reserves the right to refuse to accept any order.
3.4 Any work we undertake for new clients is subject to written instruction to proceed, together with 50% payment of the quoted cost.
4.1 All quotations given by Adelante will be valid for 30 days from the date of quotation.
4.2 All quotations will be supplied in writing. The client has to acknowledge that the quotation is acceptable in writing: facsimile, post or email. No work will commence until this confirmation has been received by Adelante.
4.3 Acceptance of a quote is deemed as a contractual agreement between the client and Adelante.
4.4 If at any point during the design process a client wishes to terminate the agreement, we shall invoice the client an amount in proportion to the work completed. This will include administration and travel time. No property in the work completed shall pass to the client.
4.5 If the client’s final order changes from the original specification made for the quotation, Adelante reserves the right to vary the quotation.
5. Design Proofs
5.1 Adelante will supply the client with either a hard copy or .pdf proof.
5.2 Whilst we endeavour to provide a thorough, error-free service, it is the sole responsibility of the client to check all content of said proof – including spelling, grammar, punctuation and use of images – unless otherwise stipulated by Adelante.
5.3 Adelante will provide the client with up to three proofs, unless otherwise agreed at commencement of the project. As a guideline these proofs should progress through the following stages :
Proof 1: amendments to general design/layout, (including image usage).
Proof 2: corrections to text (including grammar and spelling).
Proof 3: (final proof) check all content thoroughly and sign off in writing or via email. Adelante cannot accept liability for errors within the copy beyond this stage.
6.1 Turnaround times are normal target times only and Adelante accepts no liability for failure to meet these times, but will use its best endeavours to do so.
7.1 Adelante will inform the client if images supplied are – in their professional opinion – not of suitable quality for print. However, if the client once apprised of this chooses to retain use of the image in question, Adelante will not be held responsible for quality of reproduction.
8 Print, stock and print finish
8.1 Unless stated by the client, Adelante will decide, at its sole discretion, weight of stock and which print finish to use.
9.1 Unless otherwise stipulated, Adelante will not accept responsibility for ensuring that a client’s website is catalogued or ranked highly be any search engine.
9.2 Adelante cannot guarantee the appearance of any website it designs will not alter within the confines of non-specified browsers or monitor dimensions.
9.3 Adelante will supply the client with all login information pertaining to the client’s site.
9.4 After work on the client’s web-site has been ceased, Adelante will not be held responsible for the maintenance, monitoring or upkeep of said site unless otherwise agreed in writing.
9.5 If payment for design services is not received within the agreed time period, Adelante reserves the right to remove any unpaid-for content from the client’s website.
9.6 Unless otherwise stipulated in writing, it is the client’s sole responsibility to ensure payment for the domain name and web space associated with their site.
9.7 Adelante may offer the set-up of email mailboxes as part of its website service, it cannot be held responsible for any problems that occur as a result of the client’s own mail server or set up.
10. Colour Balancing
10.1 Adelante will, if requested by the client, scan images to a colour balance provided by the client by way of reference print.
10.2 If no such request or reference material is provided by the client Adelante will scan and/or print images using its own ‘judgement’ for colour balancing.
11. Uncollected Work
11.1 If any items of work, including prints and original files, belonging to the client are not collected after 12 months of the requested work being done, Adelante reserve the right to dispose of this material.
12.1 All creative material produced by Adelante – including logo visuals, design proofs, website design and design concepts – remains the legal copyright of Adelante until such time as the client’s payment is received and the contract completed, or until written confirmation has been given.
12.2 Adelante claims no copyright in material submitted to us for the purposes of fulfilling the client’s instruction.
12.3 The client warrants that the client owns or controls all rights, has obtained all copyright, or has permissions, consents and waivers that as are now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by Adelante.
12.4 The client also warrants that no copyright or moral rights will be infringed by Adelante carrying out the requested work.
12.5 The client agrees to indemnify Adelante against all losses, damages, claims or expenses with Adelante may incur by virtue of any breach of the above warranties.
13.1 The client must contact Adelante concerning details of an invoice within 7 days of the date of the invoice.
13.2 Adelante’s liability to the client or any other party for the loss including theft, or destruction or damage to any materials provided by the client which are deposited with Adelante for whatever reason:-
13.2.1 Will be limited to the replacement cost of the actual material and;
13.2.2 Adelante will not be liable for the cost of reshooting or reprinting the material contained on the material and;
13.3.3 Adelante will not be liable for any loss or damage to the client or any other party including loss of income and;
13.2.4 It is the client’s responsibility to insure against such loss an damage.
13.3 Adelante will not be liable for failing to complete any contract between Adelante and the client due to circumstances beyond Adelante’s control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.