Terms and Conditions

Oak Creative Advertising and Design: Terms of Trading

Terms and conditions


General

1. These Terms of Trading form part of the agreement between Oak Creative Advertising & Design and the Client and apply to all work undertaken by Oak Creative Advertising & Design.

2. The Client agrees that these Terms supersede any conditions which may purport to apply to the Client’s order, unless a Partner or the Studio Manager of Oak Creative Advertising & Design agrees otherwise in writing.

Cost Changes

3. All estimates are based on Oak Creative Advertising & Design’s estimate of the time, cost of materials and any independent sub-contractors work costs. The estimate sets out the charging basis for the job. If the original specification is varied either at the Client’s request (e.g. changes to copy) or a for sub-contractors costs, or for other reasons (e.g. timing or delivery charges), the final price charged will be amended accordingly.

Liability

4. Oak Creative Advertising & Design is not responsible if the Client suffers a loss as a result of the work of any independent sub-contractor that it may commission to work on the Clients job ( e.g. printing, photography, typesetting or web hosting), Oak Creative Advertising & Design will be liable for its own negligence. In any event Oak Creative Advertsing & Design’s total liability to the Client will be limited to the amount paid for Oak Creative Advertising & Designs time spent on that job; Oak Creative Advertising & Design is not responsible for any consequential or purely economic loss arising from the job, whatever the cause.

Payment of Accounts

5. All amounts are subject to VAT. All credit accounts are payable within 30 days of invoice date. For non-credit account work, payment is required before delivery or collection. Interest at three per cent over Bank of England Base Rate will accrue on a daily basis on any amounts unpaid and overdue. Oak Creative Advertising & Design retains ownership of the work until full payment has been received.

Force Majeure

6. Every effort will be made to carry out the work commissioned by the Client to specification and to any pre-agreed deadlines. However, on occasions when, through no faulty of its own, Oak Creative Advertising & Design is unable to meet its commitments, it will not be held responsible by the Client for any actual or perceived loss that may arise or cost that may be incurred.

Copyright

7. All photographs, design, visuals, and illustrations are the copyright of Oak Creative Advertising & Design, unless negotiated at the time of quotation, at an extra fee.

Orders

8. Oak Creative Advertising & Design will seek a written order before any work can be started, but In the absence of such an order it may accept oral instructions at the Client’s sole risk.

Jurisdiction

9. The agreement between the Client and from Oak Creative Advertising & Design, is subject to the laws of England and Wales whose courts will have exclusive jurisdiction to hear any claims which may arise from it.

Disbursements and Expenses

10. Oak Creative Advertising & Design’s fee shall be exclusive of VAT and the following disbursement and expense items relating to the agreed work:
Direct Mail, Entertainment, Exhibition and display material, Market Research, Copy writing, Media monitoring (radio, television and press), Messenger services, Translation, Newspaper and magazine subscriptions, Postage, Press material distribution, Special events, meetings, conferences etc, Subsistence, International and national telephone calls, fax and isdn, E-mail, All facsimile transmissions, Travel and necessary accommodation.

11.Expenses will be re-charged monthly in arrears.

12. Oak Creative Advertising & Design reserves the right to be put in funds by the Client whenever substantial advance payments or financial commitments are required on the Clients behalf.

Budget

13. A full budget will be prepared in advance of any work commencing. The budget will not be exceeded without prior consent of the Client.

Website Hosting

14. Oak Creative Advertising & Design can offer no guarantee as to the availability or interruption of this service and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Oak Creative Advertising & Design reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

April 2009

If you have any other questions regarding our Terms and Conditions, please email us on info@oakcreative.net or call us on 01303 812848.