Some legal stuff.Enjoy.
Olive Creative are committed to protecting and maintaining your privacy.
Terms of Business
Estimates are based on Olive Creative Limited’s current costs of production and materials and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
Olive Creative Limited reserves the right to change the amount of any Value Added Tax or duty payable whether or not included on the estimate or invoice.
All work carried out, whether experimentally or otherwise, at customer’s request shall be charged unless otherwise stated before commencement.
A charge may be made to cover any additional work involved where copy supplied is not clear and legible or correct.
Proofs of all work may be submitted for customer’s approval and Olive Creative Limited shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to Olive Creative Limited’s judgement, changes there from made by the customer shall be charged extra.
Delivery and Payment:
Unless otherwise specified, the price quoted is for delivery of the final work (and excludes items covered in clause 11f) to the customer’s address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address.
Should expedited delivery be agreed an extra charge may be made to cover any overtime or any additional costs involved.
Should work be suspended at the request of, or delayed through any default of, or cancelled by the customer, Olive Creative Limited shall then be entitled to payment for work already carried out, materials specially ordered, and other additional costs including storage.
Responsibility for completed work will pass from Olive Creative Limited to the customer upon notification that the work is completed, or upon dispatch from Olive Creative Limited’s premises, whichever is earlier.
Schedules of timings are stated as accurately as possible, but are not guaranteed and are subject to extension to cover delay caused by events beyond Olive Creative Limited’s control.
Terms of payment:
Payment is due 30 days from date of invoice, unless otherwise stated. Invoices unpaid after this time may attract statutory interest.
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Olive Creative Limited and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods). Any claim in respect thereof must be made in writing to Olive Creative Limited and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to Olive Creative Limited within 28 days of delivery. Olive Creative Limited shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (a) it was not possible to comply with the requirements and (b) advice (where required) was given and the claim made as soon as reasonably possible.
Olive Creative Limited shall not be liable for any consequential loss incurred by the customer in the event of late or non-delivery. Where defective goods have been supplied by Olive Creative Limited liability shall be restricted to the correction of such goods.
Digital media may be overwritten immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged for storage, and no responsibility for loss or damage, howsoever caused, can be accepted by Olive Creative Limited (see Insurance).
Olive Creative Limited are not obliged to store digital copies or master files on behalf of clients but may do so at their discretion.
Olive Creative Limited’s liability on its own property ceases when the work is either dispatched or upon the date of invoice to the customer, whichever is the earlier, and the customer is responsible for insurance on such property from that time. Olive Creative Limited will not be liable for loss, damage or theft to any data held on magnetic media, film, plates, paper or material belonging to the customer howsoever caused. Liability to insure such items on Olive Creative Limited’s premises rests with the customer. Olive Creative Limited shall not be liable for any consequential loss.
Title and Risk:
The risk in the goods passes to the customer as in clauses 6, 9 and 10.
Title in all goods sold under these conditions shall be retained by Olive Creative Limited until payment in full of the purchase price together with payment in full –of the price of any other goods which are the subject of any other contract between Olive Creative Limited and the customer. Until such payment the customer shall hold the goods in such a way as to be identifiable as the property of Olive Creative Limited and as bailee on behalf of and in a fiduciary capacity for Olive Creative Limited.
In the event of any disposal of the goods by the customer prior to payment in full of the purchase price the customer shall hold the proceeds of the sale in a fiduciary capacity for Olive Creative Limited. Such proceeds of sale shall be placed in a separate account of the customers to be identifiable as the property of Olive Creative Limited. Any such sub-sale by the customer shall as between the customer and Olive Creative Limited be effected by the customer as agent for Olive Creative Limited but as between the customer and the sub-purchaser shall be effected by the customer as principal.
If goods the property of Olive Creative Limited are admixed with goods the property of the customer or are processed with or incorporated therein the product thereof shall become and shall be deemed to be the sole and exclusive property of Olive Creative Limited until payment in full by the customer of the purchase price of the goods. Olive Creative Limited shall have full power and title to dispose of and sell such admixed goods provided that Olive Creative Limited having first applied the proceeds received from the sale of the admixed goods in satisfaction of the outstanding balance of the price owed to it by the customer shall account for the remainder to the customer.
In the event of non-payment by the customer by the due date Olive Creative Limited shall be entitled in addition to any and all other rights available to it to enter any premises where the goods may be and to recover possession of them.
The copyright and ownership remains with Olive Creative Limited on all original electronic media, files, source code, software and programs developed by Olive Creative Limited, and all illustrations, commissioned photography, designs unless otherwise agreed in writing. Any further use of these designs by the client (not covered by the original purchase order) must be agreed with Olive Creative Limited in writing. Any copyrights not held by Olive Creative Limited, but for which agreement (fee has been paid) has been obtained for the use of said material, Olive Creative Limited will not be held responsible if the client chooses at his own discretion to break any said copyrights. ii:Olive Creative Limited gives no warranty or assurance in any shape or form, or implied, that any original, new, or replicated designs will not either infringe any third party rights or comply with any relevant regulatory or statutory controls. It is for the clients of Olive Creative Limited to carry out their own investigations in this regard and/or to provide Olive Creative Limited with the necessary information. Also in so becoming a client of Olive Creative Limited the client fully indemnifies Olive Creative Limited against any legal action and subsequent judgements that may arise from point f.
Customer’s property and all property supplied to Olive Creative Limited by or on behalf of the customer shall, while it is in the possession of Olive Creative Limited or in transit to or from the customer be deemed to be at customer’s risk and the customer should insure accordingly.
Materials Supplied by the Customer:
Olive Creative Limited may reject any digital or hard copy materials supplied or specified by the customer which appear to it to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production will be charged except that if the whole or any part of such additional cost could have been avoided but for reasonable delay by Olive Creative Limited in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
Where materials are so supplied or specified, Olive Creative Limited will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
Quantities of material supplied shall be adequate to cover normal spoilage.
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, Olive Creative Limited without prejudice to other remedies shall:
Have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to him, and
In respect of all unpaid debts due from the customer have a general lien on all goods and property in Olive Creative Limited’s possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as it thinks fit and to apply the proceeds towards such debts.
Have the right to enter the customer’s premises and recover goods which have not been paid for.
Olive Creative Limited shall not be required to produce any matter which in its opinion is or may be of an illegal, immoral or libellous nature or an infringement of the proprietary or other rights of any third party.
Olive Creative Limited shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous or immoral matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amount paid on a lawyer’s advice in settlement of any claim.
A contract for the production of periodical publications will be negotiated for each periodical commissioned.
Olive Creative Limited shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lockout, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to Olive Creative Limited elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise 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 and Wales.
Olive Creative Limited reserves the right to carry out any order by sub-contracting.