WELCOME TO THE Monkey Puzzle Marketing Ltd WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT monkeypuzzlemarketing.co.uk. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

The monkeypuzzlemarketing.co.uk website is operated by:
Monkey Puzzle Marketing Ltd, a company registered in England and Wales, whose registered office is at 1 Park Road, Hampton Wick, Surrey, KT1 4AS. Our company registration number is 5758551.

Our VAT registration number is 731541459

Our contact details are as follows:
Trading address:
Monkey Puzzle Marketing
Monkey Puzzle House
69-71 Windmill Road
Sunbury-on-Thames
TW16 7DT
United Kingdom

General email: mail@monkeypuzzlemarketing.co.uk
Telephone number: 02084010006

1. INTRODUCTION

1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

1.3 If you have any concerns about material on our site, please contact us by email at mail@monkeypuzzlemarketing.co.uk

 

2. ORDERING FROM US

 

2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

2.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made , unless we have notified you that we do not accept your order or you have cancelled your order.

2.3 We may refuse to accept an order:
    (a) where goods, services or information ordered by you are not available;
    (b) where we cannot obtain authorisation for your payment;
    (c) if there has been a pricing or product description error; or
    (d) if you do not meet any eligibility criteria set out in our terms and conditions.
    (e) if we do not deliver to your area;

Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.

2.4 A deposit or deposits constitute a statement by the client that, they agree to be bound by Monkey Puzzle terms and conditions.

2.4.1 If a project is instigated by a deposit or deposits either in-house or via online payment, cash cheque or card, the deposit is deemed as an irreversible payment or part payment of the project and refunds are purely at Monkey Puzzle’s discretion.

2.4.2 Deposits are only valid for 6 months after which point, if the project is not completed, through no fault of Monkey Puzzle, then the deposit is forfeited with impunity and the project will be deemed formally closed.

2.4.3 If a deposit is forfeited, all designs whether 100% complete or less remains the property and copyright of Monkey Puzzle.
 

2.5 In the event that an order is place for a product and or service with Monkey Puzzle but the total cost amount of the product or service is not met in full, including VAT, surcharges or any agreed additional costs,

Monkey Puzzle reserve the right to:

For Non-payment or underpayment of products......

(a) 100% of any product, produced by Monkey Puzzle and or any supplier to Monkey Puzzle remains the property of Monkey Puzzle in its’ entirety, until such time full payment is received as prescribed in section 2.5;

(b)  In the event that the client refuses to pay, or is unable to pay for the product, Monkey Puzzle reserves the right of retrieval or repossession of 100% of any product or products from the client and or third party to which the goods may have been sold or otherwise distributed

(c)  In cases whereupon the retrieval/s or repossession/s of a product constitutes pending legal action, the cost of the retrieval/s and any subsequent legal costs accumulated in connection with the retrieval or repossession will be by borne by the client.

(d) Any part payment or deposit, substantial or otherwise does not constitute the right to maintain possession any pro-rata percentage of the product.

For non-payment or underpayment of services.......

(a) Monkey Puzzle reserve the right to discontinue at anytime any service/s without prior notice, that has not been paid for in full, as prescribe in section 2.5

(b) In the event that the client refuses to pay, or is unable to pay for a service/s, Monkey Puzzle reserves the right to hold any assets within Monkey Puzzles possession that belong to the client in lieu of payment and or adjudicated or arbitrated litigation.

3. PRICING

3.1 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

3.3 Our prices are reviewed periodically and the next review will be on July 2016.

3.4  Web prices are only guide prices and may fluctuate or change without prior notice.

3.5  To Confirm online prices Monkey Puzzle will supply a written confirmation quoted on request, quotes will be valid for 30 days.

3.6  All Moneys paid online to www.monkeypuzzlemarketing.co.uk shall be considered a deposit until such time of the issue of a Monkey Puzzle job number and a confirmed e.t.a supplied via email.

3.7  In the event of website pricing error, omission and or unannounced fluctuation displayed on www.monkeypuzzlemarketing.co.uk , Monkey Puzzle reserve the right to withdraw, alter and amend prices with impunity, Monkey Puzzle shall only be beholden and only where applicable, to provide a full refund to the client within 24 hours of any online purchase and shall not be held responsible in any way what-so-ever, for compensation and or any direct or indirect losses to the client and or third parties.

4. DELIVERY

4.1 We will deliver goods ordered by you as soon as possible to the address you give us for delivery, but in any event within 30 days of your order.

4.2 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 10 working days of the delivery of the goods in question.

4.3 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 days of our maximum delivery period of 30 from the date on which you ordered the goods.

5. LIABILITY

5.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.

5.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 days of our maximum delivery period of 30 from the date on which you ordered the goods.

5.3 If you notify a problem to us under this condition, our only obligation will be, at your option:
    (a) to make good any shortage or non-delivery;
    (b) to replace or repair any goods that are damaged or defective; or
    (c) to refund to you the amount paid by you for the goods in question in whatever way we choose.

5.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 5.3(c) above.

5.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

5.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

6. CANCELLATION OF CONTRACTS FOR GOODS AND RETURNS POLICY

6.1 If you wish to cancel your order:
    (a) you can notify us by email to mporders@monkeypuzzlemarketing.co.uk before we have dispatched the goods to you; or
    (b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 above.

6.2 You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you.

6.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required, less (if for any reason the these costs have not been paid by you) the costs of delivery to us.

6.4 The rights to return the goods to us as referred to in clause 6.2 will not apply in the following circumstances: -
* in the event that the product has been used
* in the case of software, audio or visual products, where the packaging has been unsealed
* where the products are magazines or newspapers
* to any products that we have made or customised specifically for you
The provisions of this clause 6.4 do not affect your statutory rights.

7. LICENCE

7.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
    (a) no documents or related graphics on this Website are modified in any way;
    (b) no graphics on this Website are used separately from accompanying text; and
    (c)any of our copyright and trade mark notices and this permission notice appear in all copies.

7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

7.3 Subject to clause 7.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

7.4 Any rights not expressly granted in these terms are reserved.

7.5 All Stock Images supplied by Monkey Puzzle or purchased on behalf of the client and utilised within a clients artwork, must strictly be used by the client within the confines of the terms and conditions of the stock image supplier.

7.5.1 The client agrees that they will actively source and identify the terms and conditions and licences applied to any image supplied, before using the image for any project other than the initial purchase and licence.

7.5.2 Any advice given by Monkey Puzzle or any Monkey Puzzle representative, in respect of a stock image’s licence and granted uses therein is given in good faith purely as advice and not with-standing, in no way constitutes the legal licence that is governed by the principal ‘stock image’ company supplying the image.

7.5.2 In all cases what-so-ever the client agrees that it is the client’s obligation to establish the granted uses for an image and agrees to indemnify Monkey Puzzle against any form of litigation what-so-ever, for use of an image outside the boundaries of the licence, other than that of the agreed project or projects for which the image was principally purchased.

8. SERVICE ACCESS

8.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

8.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

9. VISITOR MATERIAL AND CONDUCT

9.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

9.2 You are prohibited from posting or transmitting to or from this Website any material:
    (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
    (b) for which you have not obtained all necessary licences and/or approvals;
    (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
    (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

9.3 You may not misuse the Website (including, without limitation, by hacking, impersonating any person or entity or falsely misrepresent your affiliation with a person or entity, ‘stalk’ or harass another or collect or store personal data about other users ).

9.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.2 or 9.3.

9.5 It is your responsibility to determine that your input into our site, including use of any chat room areas of our site, including your choice of your user name, conforms to the above conditions. Remember that the site and your content may be accessed by children.

9.6 If you notice any content which breaches these conditions, please notify us by email to Monkey Puzzle@monkeypuzzlemarketing.co.uk.

10. LINKS TO AND FROM OTHER WEBSITES

10.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

10.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
    (a) you do not remove, distort or otherwise alter the size or appearance of the Monkeypuzzle Marketing Ltd logo;
    (b) you do not create a frame or any other browser or border environment around this Website;
    (c) you do not in any way imply that we are endorsing any products or services other than our own;
    (d) you do not misrepresent your relationship with us nor present any other false information about us;
    (e) you do not otherwise use any Monkeypuzzle Marketing Ltd trade marks displayed on this Website without our express written permission;
    (f) you do not link from a website that is not owned by you; and
    (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 10.2 for breach of these terms and to take any action we deem appropriate.

10.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 10.2.

11. REGISTRATION

11.1 To register with monkeypuzzlemarketing.co.uk you must be over 16 years of age.

11.2 Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

11.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

11.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

12. DISCLAIMER

12.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

12.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

13. LIABILITY

13.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

13.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

13.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

13.4 You agree, on behalf of yourself and your business entity or organisation, jointly and severally to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

14. GOVERNING LAW AND JURISDICTION

14.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.

14.2 We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

15. MISCELLANEOUS

15.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

15.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

15.3 No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.

15.4 Monkeypuzzle reserve the right to communicate with the first party purchasers and no other whatsoever.

15.6 Monkeypuzzle is under no obligation to communicate with third, fourth, fifth parties....under any circumstances.

Section 1 – Website Terms and Conditions

Access to and use of this web site is subject to the terms and conditions set out below. By accessing and using this site, you agreed to be bound by these terms and conditions.

1.1 – Links To Other Websites

Our web site may contain hypertext links to the sites of other companies or persons. Should you choose one of these links you will be leaving this Company s site for a site which this Company has no control over and accepts no liability for. Please note that downloading computer programs from certain sites risks infringing copyright and may introduce computer viruses.

1.2 - Copyright and Trade Marks

This site contains material which is owned by this Company and is protected by international copyright, trade mark and other intellectual property laws. No permission is given by this Company in this respect of the reproduction or use of commercial purposes of any brand names, product names, designs and other materials shown in which intellectual property rights subsist. (You are only entitled to copy electronically and print hard copy portions of the web site for the sole purpose of viewing and purchasing products of this Company.)

1.2.1  Any supplied components, materials and or company names or data supplied by the client to Monkey Puzzle is supplied with the clear understanding that the ’client Supplier’ owns and or has the full relevant license to  use said copyrights, trademarks and data and any has conducted other due diligence and holds  the legally appropriate and required supporting documents and or authorisation from the legal ‘owners’ of the supplied components.

1.2.2  In the event that any ‘unlicensed’ materials and or components of any nature are supplied to Monkey Puzzle by the client and or a clients third party supplier, the client agrees to comprehensively indemnify Monkey Puzzle against any claim and or charges brought-to-bear, as a result of any infringement from the ‘rightful’ owners and or any legally aggrieved party.

1.3 - Location and Jurisdiction

This site is controlled and operated by Monkeypuzzle Print & Design from it s offices in the UK. Monkeypuzzle Print & Design makes no representation that material in the site is appropriate or available for the use in other locations. Those who chose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws if, and to the extent that local laws are applicable.

These terms and conditions and anything in this site shall be governed by the laws of England and Wales.

1.4 Privacy and Personal Data

Personal details which you give us via this web site may be held and processed by us in accordance with the provisions of the Data Protection Act 1998. We may use this information to inform you of products and services provided by this Company and it's affiliates or third parties.

1.5 - Viruses

Our web site is not guaranteed to be free from any so-called computer viruses and it is recommended that you check for any such viruses before downloading it to your computer.

Section 2 – Web Site Hosting, Maintenance, Marketing and Optimisation

2.1 - Web Site Hosting

‘The Designer’ utilises dedicated web servers, situated at the prestigious Global Switch Data Centre, providing reliability, quality and security coupled with support. This provides a constant web presence for you 24 hours a day, 7 days a week and 365 days a year.

Annual Website & Email Hosting Package

A. Web Site Disk Space 500 Megabytes
Monthly Bandwidth Allocation 2 Gigabyte (2000 Megabytes)
10 Email Accounts

B . Online Exclusive Client Zone
Webmail Application – Access Emails World Wide
Client Friendly Online Site Statistics- Client Live Update Facility – 5 Year Overview
Maintenance Contracts - Online Log Of All Work Conducted On site
Online Proofing - Design Projects Viewed

Excess Charges
Extra Web Site Disk Space per Megabyte
Measured as the peak used per calendar month @ £5.00

Excess Bandwidth Usage per Megabyte
First 500 Megabytes @ £0.10
Over 500 Megabytes @ £0.04

Unlike most design companies, who are brokers between you and the host, we provide direct technical support at the point of source, as opposed to a third party host. We constantly monitor and immediately eradicate all anomalies, offering you comprehensive technical support, to ensure that your site is fully operational and functional for you, your clients and your clients to be.

Whilst hosted on ‘The Designer’s’ web server all implementation is to be carried out by ‘The Designer’. No external source will be given access to the FTP details for ‘The Client’s’ web site. This is done in order to protect the structural integrity of not only the design of ‘The Client’s’ web site, but also the security of the web site data and the web server in general.

2.2 - Web Site Hosting

‘The Designer’ at all times will endeavour to ensure 100% server integrity and stability as applied 3.1

However should the server in any way what so ever become dysfunctional, ‘The Designer’ will not be held responsible for loss of earnings and or loss of goodwill or otherwise in any way.

Paying any or all parts of the agreed cost you are agreeing that. should the ‘The Designer’ server be offline for any length of time, ‘The Designer’ shall only be liable for the refund of hosting fees and no more what so-ever.

Compensation will only be payable should the server be offline for over 7 days and specifically any failure of hosting services are refunded and administered in direct correlation with down time and the annual hosting fee, pro-rata over 365 days.

Section 3 – Maintenance

3.1 - Maintenance

Maintenance Is chargeable for each 20 minutes, no part minutes, this hourly rate is for maintenance only, upgrades and re-designs are charge at our standard charge of £80.00per hour.

Section 4 – Deposit - Fees & Payment Schedule

4.1 - Initial Payment - Deposit

Upon payment of a deposit the terms and conditions of Monkeypuzzle Design and Print here-in are evoked.

4.2 – Payment Methods

Invoices must be paid within the terms stated on the invoice and are subject to ‘The Designer’ terms and conditions.

On receipt of an invoice, ‘The Client’s can make payments direct into the ‘‘The Designer’ Design and Print Ltd’ bank account via BACS

Barclays
Sort Code: 20-90-56
Account No: 43728609

Invoices can be settled by Debit or Switch Cards on Tel: 020 8401 0006, Credit Cards will incur 3% surcharge.

All cheques must be submitted to ‘The Designer’ Accounts Department, 3 days prior to any invoice due date.

4.3 - Hourly Rate

Where specified in this contract, ‘The Client’s shall pay ‘The Designer’ at ‘The Designer’s standard rates as in effect at this time or provide services to the equivalent.

‘The Designer’ standard rates currently in effect are as follows: £80.00ex 20% VAT
No change shall be made in ‘The Designer’s’ standard rates prior to: 30th June 2016.

4.4 - Revisions and Editions

A fixed fee or fee estimated not to exceed a specified amount is based upon the time estimated to complete the services specified in the Agreement during normal working hours. Any revisions or additions to the services described in this Agreement shall be billed as additional services not included in any fixed fee or estimated fee specified above.

Such additional services shall include, but shall not be limited to, changes in the extent of work, changes in the complexity of any elements of the Project, and any changes made after approval has been given for a specific stage of design, documentation, or preparation of artwork.

‘The Designer’ shall keep ‘The Client’s informed of additional services that are required and shall request ‘The Client’s’ approval for any additional services which cause the total fees, exclusive of any surcharge for rush work, to exceed the fixed or estimated fees set forth in section 7.1 by more than the following amount: 5% of Total Stage cost

4.5 - Rush Work

‘The Client’s shall pay a surcharge for any services requiring work to be performed outside of normal working hours by reason of unusual deadlines or as a consequence of ‘The Client’s not meeting scheduled times for delivery of information, materials, or approvals.

The surcharge for rush work shall be at the standard rates plus 50%

Normal working hours for this Project are as follows:
9am – 6pm GMT Monday – Thursday
9am – 5pm GMT Friday

4.6 - Reimbursable Expenses

The following expenses have been included in Design and Development component of the pricing. ‘The Client’s shall reimburse over excessive expenses including but not limited to the following to ‘The Designer’: Photocopies, photo prints, photography, film and processing, stock photography, Compact Discs, fonts, artwork materials, Fax and long-distance telephone charges, postage, and local deliveries, including messengers, out-of-town travel, and shipping. Internet and email will incur no charge.

Both parties must mutually agree all excess expenses incurred by either party in advance.

Automobile travel will be charged at a standard rate per mile of £0.60

Reimbursable Expenses will be billed at cost plus a surcharge of 15%

4.7 Basic Services

‘The Designer’ shall provide basic services for ‘The Project’ consisting of consultation, research, design, checking quality of implementation and co-ordination of ‘The Project’ and its execution. In connection with performing basic services, ‘The Designer’ shall prepare and present materials to ‘The Client’’ that demonstrate or describe ‘The Designer’ intentions and shall prepare various materials, such as artwork, photos, drawings, and specifications, to enable the design to be fabricated, installed, or otherwise implemented.`

4.8 Supplementary Services

In addition to the basic services described above, ‘The Designer’s’ fee may also include the provision of certain specialised supplementary services, but only to the extent described below. Such as supplementary services might include: Creative services including copy development, writing, editing, photography, illustrations, production services including typesetting and proof reading. If any of these other services are required, but are not to be provided by ‘The Designer’ as supplementary services, ‘The Designer’ will co-ordinate them, provided by others, and will be by prior agreement billed to ‘The Client’s as reimbursable expenses.

Section 5 – Client’s Obligations

5.1 - Client’s Representative

‘The Client’s shall appoint a sole representative with full authority to provide or obtain any necessary information and approvals that may be required by ‘The Designer’. ‘

The Client’s' representative shall be responsible for co-ordination of briefing, review, sign off/s and the decision-making process with respect to persons and parties other than ‘The Designer’ and its sub-contractors. If after ‘The Client’s’ representative has approved a design, ‘The Client’s or any other authorised person requires changes that require additional services from ‘The Designer’, ‘The Client’s shall pay all fees and expenses arising from such changes as additional services.

5.2 - Materials to be provided by ‘The Client’s

‘The Client’s shall provide accurate and complete information and materials to ‘The Designer’ and shall be responsible for the accuracy and completeness of all information and materials so provided. ‘The Client’s guarantees that ‘The Client’s owns all materials supplied to ‘The Designer’ or that ‘The Client’s has all necessary rights in such materials to permit ‘The Designer’ to use them for ‘The Project’.

‘The Client’s shall indemnify, defend, and hold ‘The Designer’ harmless from and against any claim, suit, damages and expense, including attorney’s fees, arising from or out of any claim by any party that its rights have been or are being violated or infringed upon with respect to any materials provided by ‘The Client’s.

All copy provided by ‘The Client’s shall be in a form suitable for typesetting in a suitable digital form. Where ‘The Client’s’ provides illustrations, photographs, or other visual materials, they shall be of professional quality and in a digital form suitable for reproduction without further preparation or alteration. ‘The Client’s shall pay all fees and expenses arising from its provision of materials that do not meet such standards. ‘The Designer’ shall return all materials provided by ‘The Client’s within 30 days after completion of the project and payment of amounts due. ‘The Client’s shall provide the following materials and services for the Project:

Photographs
Copy
Illustrations

All materials are to be delivered via the Email or CD.

5.3 - Liability of Damage

‘The Designer’ shall take reasonable precautions to safeguard original or other materials provided by ‘The Client’. ‘The Designer’ shall, however, shall not be liable for any damage to, or loss of any material provided by ‘The Client’, including artwork, photographs, or manuscripts, other than or on account of wilful neglect or gross negligence of ‘The Designer’.

5.4 - Approval of Copy and Final Artwork

‘The Client’s shall proof read and approve all final type/text before the production of the website. The signature or emailed confirmation of ‘The Client’s’ representative shall be conclusive as to the approval of all artwork, drawings and other items prior to their release for printing, fabrication, or installation of the website.

5.5 - Instructions to Third Parties

‘The Client’s’ specifically grants to ‘The Designer’ the right to act on ‘The Client’s’ behalf to give instructions on behalf of ‘The Client’s’ to any person or entity involved in ‘The Project’, such as photographers, illustrators, writers, programmers, and website hosts. Any such instructions or approvals by ‘The Client’ may only be made through ‘The Designer’. ‘The Client’ shall be bound by all such instructions given by ‘The Designer’ within the scope of this Agreement.

Section 6 – Credit Terms and Conditions

6.1 - Credit

‘The Designer’ shall have the right to include a credit line on the completed designs or any visual representations such as drawings, models, or photographs and this same credit shall be included in any publication of the design by ‘The Client’. ‘The Client’ shall not, without written approval, use ‘The Designer’s’ name for promotional or any other purposes with respect to these designs. ‘The Designer’s’ credit line in the one the Website and the Terms of Use shall read as follows:

Designed & Hosted by Monkeypuzzle Design & Print

6.2 - Samples, Photographs and Screen Captures

‘The Client’ shall provide ‘The Designer’ with samples of each printed or manufactured design if applicable. Such samples shall be representative of the highest quality of work produced.

‘The Designer’ may use such copies and samples for publication, exhibition, or other promotional purposes.

The number of samples to be provided to ‘The Designer’ shall be 5

‘The Designer’ shall have the right to photograph or use screen captures of all completed designs or installations and shall have the right to use such photographs or screen captures for publication, exhibition, or other promotional purposes.

6.3 - Rights

All services provided by ‘The Designer’ under this Agreement shall be for the exclusive use of ‘The Client’s other than for the promotional use of ‘The Designer’. Upon payment of all fees and expenses, the following reproduction rights for all approved final designs created by ‘The Designer’ for this project shall be granted:

‘The Client’ will be issued with the exclusive use of the visual design and all that is related to the Web site. Whilst ‘The Designer’ retains the right to re-use the ‘code’ and or database structure, not including the data content, for other purposes other than that of ‘The Client’. ‘The Client’ maintains their rights of all submitted copy and photographs, not including photo manipulation carried out by ‘The Designer’.

6.4 - Ownership

All concepts and visual presentations produced by ‘The Designer’ remain the property of ‘The Designer’ and may not be used by ‘The Client’ without the written permission of ‘The Designer’.

‘The Designer’ shall retain all artwork, drawings, and specifications, for which reproduction rights have been granted for a specified period from the date of the signing of this Agreement. Upon expiration of this period, all such materials may be destroyed unless ‘The Client’ has requested, in writing, that they be retained and agrees to pay reasonable storage charges. ‘The Client’ shall have reasonable access to all such materials for the purpose of review.

The specified time for ‘The Designer’ to retain such materials shall be 30 days from completion and final payment.

6.5 – Third Part Contracts

‘The Designer’ may contract with others to provide creative services such as programming, writing, photography, and illustration. ‘The Client’ agrees to be bound by any terms and conditions, including required credits, with respect to reproduction of such material as may be imposed on ‘The Designer’ by such third parties. ‘The Designer’ will endeavour to obtain for ‘The Client’ the same reproduction rights with respect to materials resulting from such services as ‘The Designer’ is providing ‘The Client’ under this Agreement except as specified below:

6.6 - Confidentiality

‘The Client’s shall inform ‘The Designer’ in writing if any portion of any material or information provided by ‘The Client’ or if any portion of ‘The Project’ is confidential. ‘The Designer’ will continue to conform to the agreement made as per the contractor agreement as dated.

All materials supplied to ‘The Designer’ will treated as subject to public consumption unless otherwise directed.

6.7 - Value Added Tax (VAT)

‘The Client’ shall pay any VAT that may be applicable to the services provided under this Agreement, including any VAT at the standard rate of 20% (Correct at date of signing) that may be assessed on audit of ‘The Designer’s’ tax returns.

6.7.1 All projects are subject to VAT @ 20% unless otherwise Stated.

6.8 - Applicable Law

The Law of the United Kingdom shall govern this Agreement.

6.9 - Cancellation | Withdrawal or Termination of Services

MonkeyPuzzle Marketing Group reserve the right to, with impunity, withdraw, terminate or withhold their services and or copyrighted property, intellectual property or otherwise from any client at their discretion,
in such cases there will be written notification of no less than 48 hours and no more than 90 days to any termination or date of cessation of services and or withdrawal of intellectual licenses.

6.10 - Arbitration

Either party may request that any dispute arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed upon arbitrator pursuant to the laws of the United Kingdom. The arbitrator’s award shall be final and judgment may be entered upon it in any court having jurisdiction there of.

7 – Chargeable Rates & Payments

7.1 – Payment Methods

Invoices must be paid within the terms stated on the invoice and are subject to ‘The Designer’ terms and conditions.

On receipt of any invoice, ‘The Client can make payments direct into the ‘The Designer’ Monkeypuzzle Marketing Ltd bank account via BACS

RBS
Sort Code: 16-20-30
Account No: 10936738

Invoices can be settled by Debit or Switch Cards on Tel: 020 8401 0005, Credit Cards will incur 3% surcharge.

All cheques must be submitted to ‘The Designer’ Accounts Department, 3 days prior to any invoice due date.

7.2 – Late Payment

‘The Client’ shall agree to pay on completion the amount as agreed, however if ‘The Client fails to pay any outstanding balance on the due date ‘The Designer’ Reserves the right to charge a late payment penalty of 5% per week of the total amount of unpaid balance until such time as the total balance including any late payment charges has been paid in full.

All Amounts Payable Include Vat@20%  

7.2.2 - Payment

If a project is not complete due to in any form to ’The Client’s’ inability to provide the pertinent materials at the allotted times, upon signing this agreement, ‘The Client’ agrees to pay at the dates agreed under any circumstance what-so-ever, other than failure or late completion of ‘The Project’ by ‘The Designer.’
                                                      

7.3 - Hourly Rate

Where specified ‘The Client’ shall pay ‘The Designer’ at ‘The Designer’s’ standard rates as in effect at this time or provide services to the equivalent.        
‘The Designer’ standard design rates currently in effect are as follows:  £80.00+Vat No change shall be made in ‘The Designer’s’ standard rates prior to:  30th June 2012.

7.4 - Revisions and Editions

Such additional services shall include, but shall not be limited to, changes in the extent of work, changes in the complexity of any elements of ‘The Project,’ and any changes made after approval has been given for a specific stage of design, documentation, or preparation of artwork.

‘The Designer’ shall keep ‘The Client’ informed of additional services that are required and shall request ‘The Client’s’ approval for any additional services which cause the total fees, exclusive of any surcharge for rush work, to exceed the fixed or estimated fees set forth in section 6.1 by more than the following amount: 5% of Total Stage cost

7.5 - Rush Work

‘The Client’ shall pay a surcharge for any services requiring work to be performed outside of normal working hours by reason of unusual deadlines or as a consequence of ‘The Client’ not meeting scheduled times for delivery of information, materials, or approvals.

The surcharge for rush work shall be at the standard rates plus 50%

Normal office working hours for this ‘Project’ are as follows:
9am – 6pm GMT Monday – Thursday
9am – 5pm GMT Friday

7.6 - Reimbursable Expenses

The following expenses have been included in Design and Development component of the pricing.  ‘The Client’ shall reimburse over excessive expenses including but not limited to the following to ‘The Designer’: Photocopies, photo prints, photography, film and processing, stock photography, Compact Discs, fonts, artwork materials, Fax and long-distance telephone charges, postage, and local deliveries, including messengers, out-of-town travel, and shipping. Internet and email will incur no charge.

Both parties must mutually agree all excess expenses incurred by either party in advance.
Automobile travel will be charged at a standard rate per mile of £0.60
Reimbursable Expenses will be billed at cost plus a surcharge of 15%

Section 8 > Terms and Conditions

8.1 - Credit

‘The Designer’ shall have the right to include a credit line and or hyperlink where applicable, on any completed designs or any visual representations such as drawings, models, or photographs and this same credit shall be included in any publication of the design by ‘The Client’. ‘The Client’ shall not, without written approval, use ‘The Designer’s’ name for promotional or any other purposes with respect to these designs. ‘The Designer’s’ credit line on the Website and the Terms of Use shall read as follows:

Designed & Hosted by Monkeypuzzle Design & Print
 

8.2 - Samples, Photographs and Screen Captures

‘The Designer’ shall provide ‘The Client’ with samples of each printed or manufactured design if applicable. Such samples shall be representative of the highest quality of work produced. 

‘The Designer’ may use such copies and samples for publication, exhibition, or other promotional purposes.

The number of samples to be provided to ‘The Client’ shall be four.

‘The Designer’ shall have the right to photograph or use screen captures of all completed designs or installations and shall have the right to use such photographs or screen captures for publication, exhibition, or other promotional purposes.

8.3 - Rights

All services provided by ‘The Designer’ under this Agreement shall be for the exclusive use of ‘The Client’ other than for the promotional use of ‘The Designer’.  Upon payment of all fees and expenses, the following reproduction rights for all approved final designs created by ‘The Designer’ for this project shall be granted:

‘The Client’ will be issued with the exclusive use of the visual design and all that is related to the Website. Whilst ‘The Designer’ retains the right to re-use the ‘code’ and or database structure, not including the data content, for other purposes other than that of ‘The Client’.  ‘The Client’ maintains their rights of all submitted copy and photographs, not including photo manipulation carried out by ‘The Designer’.

8.4 - Ownership

All concepts and visual presentations produced by ‘The Designer’ remain the property of ‘The Designer’ and the artwork may be used by ‘The Client’ with the permission here-in of ‘The Designer’. ‘The Designer’ shall retain all artwork, drawings, and specifications, for which reproduction rights have been granted for a specified period from the date of the signing of this Agreement. Upon expiration of this period, all such materials may be destroyed unless ‘The Client’ has requested, in writing, that they be retained and agrees to pay reasonable storage charges.  ‘The Client’ shall have reasonable access to all such materials for the purpose of review.

The specified time for ‘The Designer’ to retain such materials shall be 30 days from completion and final payment.

8.5 - Third Party Contracts

‘The Designer’ may contract with others to provide creative services such as programming, writing, photography, and illustration. ‘The Client’ agrees to be bound by any terms and conditions, including required credits, with respect to reproduction of such material as may be imposed on ‘The Designer’ by such third parties.  ‘The Designer’ will endeavour to obtain for ‘The Client’ the same reproduction rights with respect to materials resulting from such services as ‘The Designer’ is providing ‘The Client’ under this Agreement except as specified below:

8.6 - Confidentiality

‘The Client’ shall inform ‘The Designer’ in writing if any portion of any material or information provided by ‘The Client’ or if any portion of ‘The Project’ is confidential.  ‘The Designer’ will continue to conform to the agreement made as per the contractor agreement as dated.

All materials supplied to ‘The Designer’ will treated as subject to public consumption unless otherwise directed.

8.7 - Value Added Tax (VAT)

‘The Client’ shall pay any VAT that may be applicable to the services provided under this Agreement, including any VAT at the standard rate at date of signing, that may be assessed on audit of ‘The Designer’s’ tax returns.

8.8 - Applicable Law

The Law of England & Wales shall govern this Agreement.

8.9 - Assignment

Neither ‘The Client’ nor ‘The Designer’ may assign or transfer their interest in this Agreement without the written consent of the other.

8.9.1 - Arbitration

Either party may request that any dispute arising out of this agreement shall be submitted to binding arbitration before a mutually agreed upon arbitrator pursuant to the laws of the United Kingdom.  The arbitrator’s award shall be final and judgment may be entered upon it in any court having jurisdiction there of.

8.9.2 - Entire Agreement

This Agreement represents the entire agreement between ‘The Client’ and ‘The Designer’ and may be changed or modified only in writing.

8.9.3 - Representation

‘The Designer’ represents that it has full power and authority to enter into this Agreement and that it is binding upon ‘The Client’ and enforceable in accordance with its terms and conditions, present and future, full terms and conditions available at www.monkeypuzzlemarketing.co.uk