Last Updated on Sunday, 19 May 2013 16:18
The responsibility of reading Jam Factory's terms and conditions lies with the client. It will be assumed that the client understands and accepts these terms and conditions upon signing / accepting a Jam Factory quotation and proceeding with a work relationship.
- Quotations are valid for a period of 14 days from the date issued. Jam Factory is not bound to honour quotations that have expired.
- Once a quotation has been signed / approved, no cancellation will be accepted. Should the client need to cancel his order for whatever reason, a cancellation fee for all the work done up to the date of cancellation, as per the accepted quotation, will be charged. All cancellations of orders placed with third parties will depend on their own cancellation policies and will be negotiated with the third parties and be charged accordingly.
- A non-refundable 50% deposit is required upon acceptance of quotations, before any work will commence. Deposits for third party material and / or any outsourced work (print material, media buying, domain registrations, etc.) could require up to a 100% deposit, of which prior notice will be provided and payment will be required before placing orders.
- All payments of outstanding amounts will be strictly COD (cash on delivery), unless otherwise arranged in writing. Goods will be deemed "delivered" once a signed off or approved product has been handed over to the client in either a hard copy, electronic or actual format.
- Invoiced amounts older than 30 days will be charged at 2.5% cumulative interest per month and automatically be handed over to our legal team for collection, if prior arrangements acceptable to our financial department have not been made.
- The party undersigning the quotation will be kept jointly and severable liable for any and all payment(s) due to Jam Factory.
- All goods remain the property of Jam Factory until being fully paid for.
- ADDITIONAL COSTS:
- Printing, packaging, delivery charges (courier / postage / distribution fees) and travel costs are not included in quotations, unless specifically stated. Prices of these services are subject to change without prior notice.
- Quotations list the full extent of work to be completed and any additional work requested by the client will be charged for according to our existing pricing structure on the final invoice. Additional quotations should be specifically requested by the client, should this not be acceptable.
- We reserve the right to charge a reasonable fee for correction of errors (technical and typographical) for which Jam Factory is not directly responsible, including (but not limited to) malicious modification of any material by a third party and typographical errors contained in materials provided to Jam Factory by the client.
- SUPPLYING MATERIALS & INFORMATION:
- The client is to supply all materials and information required for the work to be completed in accordance with the agreed specifications. Such materials may include (but are not limited to) corporate identity elements, photographs and images, written copy and other printed and electronic material.
- Where the client's failure to supply the required materials / information leads to a delay in completion of the work, Jam Factory has the right to extend previously agreed deadlines for the completion of the work by a reasonable amount.
- Where the client's failure to supply the required materials / information prevents progress on the work for more than 14 days, Jam Factory has the right to invoice the client for any part(s) of the work already completed.
- If the client fails to supply final feedback / approval documentation for more than 14 days after delivering the completed material / service, Jam Factory assumes that the project is approved and finalised, and has the right to invoice the client in full.
- PRODUCT QUALITY:
- Jam Factory cannot be held responsible for the quality of printed or electronic material in the case of final artwork being supplied by the client.
- Jam Factory cannot be held responsible for the quality of printed or electronic material in the case of the client directly communicating with and / or directing the third party supplier.
- Queries / complaints should be logged in writing within five working days after delivery, otherwise Jam Factory shall be deemed to have fulfilled its obligations satisfactory.
- Clear specifications should be given regarding the erection of signage, in order to accurately include this in the quotation. Additional structural material or special requirements might result in additional costs.
- All signage should by insured by the client from date of installation. Jam Factory is not liable for any damage resulting from theft, vandalism, fire, weather conditions and accidents after installation.
- WEBSITE DEVELOPMENT:
- Any domain name obtained will belong to the client. The client agrees to indemnify Jam Factory against any claims arising from a domain name applied for (or successfully obtained) violating intellectual third party property rights. The client warrants that the domain name sought is not a third party trademark.
- A website will be uploaded and password protected for a maximum period of five working days, during which the client is allowed one set of changes, whereafter the website will be considered completed and made live for public access.
- Any changes after the proof period (12.1) or requested after the website is live, will be deemed as additional work and invoiced accordingly.
- Websites prohibited from going live due to the circumstances of the client can be invoiced proportionally or in full at the discretion of Jam Factory.
- Jam Factory is not liable for hosting services via a third party of the client's website, although Jam Factory will endeavour to ensure that website downtime is kept to a minimum.
- The client should ensure that website data is regularly backed up and that a contingency plan is in place to minimise possible losses as a result of software failure.
- Jam Factory takes no responsibility for the functionality or maintenance (unless a maintenance contract is in place) of the website after the project has been completed.
- Installation on the internet is limited to the uploading of all necessary files to the host, and testing of functionality. No registration of the website with search engines will be undertaken unless SEO has been accepted as per the quotation.
- Jam Factory does not guarantee listing positions on search engines nor search engines' algorithms. The client accepts there is no guaranteed natural placement or rank on search engines.
- INTELLECTUAL PROPERTY:
- Offers and proposals made by Jam Factory to potential clients should be treated as trade secrets and remain the property of Jam Factory. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorisation from Jam Factory. This includes (but is not limited to) aspects of the design, technical features, functionality and pricing information, as well as designs and "look & feels" presented, but not accepted by the client.
- The client will obtain all the necessary permissions and authorities in respect of the use of all supplied corporate identity elements, photographs and graphic images, copy or any other material for use. The supply of material by the client shall be regarded as a guarantee by the client to Jam Factory that all such permissions and authorities have been obtained and that the use and / or inclusion or alteration of supplied material would not constitute a criminal offence or attract claims or any legal action.
- RESPONSIBILITIES, DISCLAIMERS & RIGHTS:
- Jam Factory takes no responsibility for services provided by third parties through us or otherwise, but will apply best practice methods to ensure quality and delivery according to our service standards.
- Jam Factory takes no responsibility for services provided by third parties where the client has directly interfered / communicated with the supplier.
- Under no circumstances will Jam Factory be responsible or liable for financial or other loss / damage caused by the use, failure to use or misuse of material.
- Jam Factory will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events or other circumstances beyond the control of Jam Factory.
- Jam Factory reserves the right to utilise third party services it feels appropriate at the time and to alter its prices as necessary without prior notice and without affecting existing contractual pricing agreements.
- Jam Factory reserves the right to refuse or break a contract without prior notice, if it is believed that the client or their related website / material is acting illegally, immorally or is otherwise publicly unacceptable.
Jam Factory's terms and conditions may be updated from time to time. It is the client's responsibility to check back here whenever a new project is undertaken.
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