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Amba Design Studio Ltd - Terms and Conditions

Initial Terms
The Terms & Conditions can be accessed through our website or supplied in writing upon request.
These terms & conditions constitute a valid and binding agreement between Amba Design Studio Ltd. and you, the client, for any services provided or work ordered. You enter into this Agreement by commiting to have work carried out by Amba Design Studio Ltd. via email request. The agreement to work shows your acceptance of these terms & conditions and any new versions or updates hereof.

Provision of Materials
You agree to provide us with the specific copy, images and information we require in order to create your product, or to advise us as to where we can locate such materials. We accept no responsibility for your site not being put live/product being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you. If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final product, as these may arise through our lack of specialist knowledge regarding the content of your product. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged to you at our standard rate. We accept no responsibility for the delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials. This does not apply if theadditional cost could have been avoided but for unreasonable delay on the part of Amba Design Studio Ltd. in ascertaining the unsuitability of the materials with which you provide us. Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified. The original price we agree is subject to three sets of amendments, and subsequent amendments will be charged for at our current hourly rate.

Print

Proof Agreement
If we have provided you with a proof, your sign off confirms that you agree to the design and contents of the document as depicted on the proof. By giving sign off, you absolve Amba Design Studio Ltd. of all liability for any errors, omissions or discrepancies which may be present on the proof. Once you have signed off the proof, you are not able to make any changes to the final product, nor are you able to hold Amba Design Studio Ltd. responsible for anything you are unhappy with. This contract revokes your right to take any kind of action against Amba Design Studio Ltd. for any aspect of the work with which you are later dissatisfied. This means that, as long as the finished product is as discussed with the representative and consistent with the proof if supplied, you must pay in full for the work. This fact applies whether or not you later take issue with any aspect of the product.

Amba Design Studio Ltd. Managed Print
If you are using Amba Design Studio Ltd. to carry out the printing stage of your job, we accept responsibility for the print job, ensuring the best possible reproduction of the signed off proofs. Terms and Conditions

Non Amba Design Studio Ltd. Managed Print
If you are NOT using Amba Design Studio Ltd. to carry out the printing stage of your job, we DO NOT accept responsibility for the print job, or any errors in the job or present on files supplied by Amba Design Studio Ltd. It is your responsibility to sign off colour proofs or high resolution ripped pdfs.

Amending After Proof Stage
(Amba Design Studio Ltd. Managed Print Only)
If a change is requested, we will do everything we can to make the correction before the printing starts, but we cannot guarantee this. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability (see "Proof Agreement" above). Once the proof is signed off or agreed, whether verbally or via email, we incur a film / plate(s) charge and this is passed on to you as part of the total charge (see "Price Breakdown"). Any changes made after a proof is signed off will result in a further film / plate(s) charge.

Print Quality (Amba Design Studio Ltd. Managed Print Only)
Every effort will be made to obtain the best possible colour reproduction on customer's work but because of the nature of the processes involved, Amba Design Studio Ltd. cannot guarantee an exact match in colour or texture between any materials with which you supply us, and the printed article.

Quantity Supplied (Amba Design Studio Ltd. Managed Print Only)
Every effort is made to produce the exact quantity of items ordered. However, some variation is inherent in the print process and so you accept that minor variations in quantity are possible. These do not affect the price charged.

Claims (Amba Design Studio Ltd. Managed Print Only Print Only)
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Amba Design Studio Ltd. within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to Amba Design Studio Ltd. 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 Amba Design Studio Ltd. within 28 days of delivery. Amba Design Studio Ltd. 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 (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.

Payment Terms (Amba Design Studio Ltd. Managed Print Only)
New customers agree to pay a deposit of 40% of the final bill upon ordering, and to pay the outstanding balance according to the terms stated on the invoice. Existing customers agree to adhere to the terms stated on the invoice. All deposit payments are non-refundable.

Websites

Website Updates & Site Maintenance
These are charged at £40 per hour (or part thereof). If you want to introduce new material in the form of extra pages, additional functions, or more information than is already available on your site, this must be paid for as a new job.

Systems
Any systems, including eCommerce and Content Management System, provided to the client remain the intellectual property of Amba Design Studio Ltd. and as such no access is given to the source code or database. Amba Design Studio Ltd. websites are built on the Linux platform and may not work on Windows servers or other non-Linux systems.

E-commerce/CMS
E-commerce/CMS systems will be provided as an empty shop/site, and training will be given to the client(s) on using the system. A delay in the client populating the eshop/ site will not be accepted as a reason for delayed payment as, once it is ready to be populated and training has been given, Amba Design Studio Ltd.’s job is done. Amba Design Studio Ltd. offers a service to populate the client’s shop site/CMS on their behalf, and prices are available on request for this service. This does not include any photography, and where clients feel unable to create their own imagery of products, a photographer must be sought. Amba Design Studio Ltd. are happy to recommend independent photographers where necessary, but the contract will be between the client and said photographer. Additional training and support packages are available, and again the prices for these services are available on request.

Bespoke Systems
In the case of a bespoke solution (website), upon settlement of all outstanding monies due to Amba Design Studio Ltd. for the development / design of such solution, full copyright and title will pass to the client.

Warranty
Amba Design Studio Ltd. guarantees all of its websites / bespoke software solutions provided to clients insofar as any faults or bugs will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time. Websites / bespoke software is tested on current platforms, any platforms launched after completion of works
are not the responsibility of Amba Design Studio Ltd. Amba Design Studio Ltd. are not responsible for and hacks/viruses or user error which might cause damage/loss of functionality/data within the given job. Prices for rectifying any third party damage are available on request. Amba Design Studio Ltd. guarantees all of its websites / bespoke software solutions provided to clients insofar as any faults or bugs will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time. Any software provided by Amba Design Studio Ltd. proving to be faulty or defective will be repaired / replaced free of charge to the working standard equivalent to launch.

Website Proofs
Once a client has agreed a look and feel proof and instructed Amba Design Studio Ltd. to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate.

Exceptions (Web)
We accept that certain details regarding your business, such as telephone numbers and email addresses, sometimes change, and that the details placed in a proof are liable to change. To this end we will amend smaller details such as these as part of our construction package. This policy applies throughout your contract with Amba Design Studio Ltd.: if a minor detail needs to be amended, we are more than happy to do so, free of charge. Larger changes, such as the creation of a new page or introduction of a new feature on your site, or the sourcing / changing of images are not covered by this policy and must be paid for.

Payment Terms (Web)
You agree to pay a deposit of 40% of the final bill immediately. When we have finished building your site, we will put it live on our own server under a temporary name which we will give you. After we have informed you of the site's location on our server, you will need to view the site and ask for any amendments to be made. After final sign off, the invoice will be issued as - apart from minor alterations or transfers onto other domain names - our work on the site is then complete. Once the bill is settled in full, we will put the site live on the specified domain name, or - if you have not yet selected one - it will remain live on our server. If you possess your own domain name, we will initiate whatever process is necessary to put the site live once the bill is settled. You are not permitted to point your own domain name to the test site on the Amba Design Studio Ltd. server. If this is found to be the case, we reserve the right to remove the site from our server. All deposits are non-refundable.

General

Copyright
The copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to you, the client. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By agreeing to these terms and conditions, you agree to indemnify Amba Design Studio Ltd. from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.

Quotes
All quotes for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.

Illegal Matter
Amba Design Studio Ltd. reserves the right not to print any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous 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 amounts paid on a lawyer's advice in settlement of any claim.

Consequential Loss
Amba Design Studio Ltd. accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused unless agreed prior to the start of contract in writing.

Financial Loss
Amba Design Studio Ltd. accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by Amba Design Studio Ltd.

Force Majeure
Amba Design Studio Ltd. accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, 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 you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

Liability
Amba Design Studio Ltd. shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond Amba Design Studio Ltd.'s control.

Price Breakdown
The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself. Supplying us with suitable material will, therefore, reduce the time spent on design and, thereby, the final charge. VAT is charged at the current Customs & Excise rates and according to current regulations, irrespective of whether or not it is included in a price quotation.

Jobs Put On Hold or Cancelled by the Client
Jobs put on hold or cancelled by the client during production will be invoiced at our full hourly rate based on the number of hours worked and our outlay on materials. This applies irrespective of any package agreements which have been signed, as package discounts only apply if a job is brought to completion. The invoice we issue must be paid in full together with any VAT that falls due accordingly.

Credit Terms
For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 2% above the Barclays base rate at the time and an administration fee to cover the debt recovery costs.

Insolvency
Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their 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 it, Amba Design Studio Ltd., without prejudice to other remedies, shall (i) 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 it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its 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 we think fit and to apply the proceeds towards such debts.

Data Protection
Amba Design Studio Ltd. agrees keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act