TERMS & CONDITIONS
By contracting Ffotobase for work, you agree that you have read the terms and Conditions. Any changes to Terms and conditions must be received by in writing 14 days prior to work and must be signed by both parties.
Tax invoices will be issued shortly after the completion of an order. A monthly statement will be sent shortly after the close of the month.
Where Ffotobase designs any product, mechanism, website or graphic, the intellectual property rights for that product remain the property of Ffotobase unless agreed in writing that the rights should pass to the customer. All work completed by Ffotobase is subject to copy right and terms and conditions of trade. Reproduction or issue to third parties in any form what so ever is not permitted without authority from Ffotobase.
Unless otherwise stated, quotations remain available for acceptance for 28 days from the date of the quote, after which a revised quotation may be required. All quotations are exclusive of GST. All quotations are based on the conditions and specifications in the quotation, and covers all work and materials required to complete the order. Any variation or alteration to the specifications, copy and/or layout by the customer, increase in material costs, or delivery schedule will make the quotation subject to amendment.
Payments for tax invoices issued must be paid in full 7 days following the date of the invoice. Ffotobase reserves the right to impose a credit limit at any time. Interest will be charged at a rate equal to the standard commercial overdraft rate applied by Ffotobase bankers plus 2% on all amounts outstanding from the customer to Ffotobase Limited after the due date for payment for such amount or amounts. Supply may be stopped on overdue accounts and the debt may be passed on to an appropriate agency for collection and the customer is liable for any collection fees. Cost of debt recovery -The costs of debt collection are payable by the customer and/or guarantors. The customer and guarantors agree to reimburse Ffotobased for all costs reasonably incurred by Ffotobase in recovering payments due from the customer and/or guarantors including but limited to legal costs assessed on a solicitor and client basis.
Ffotobase reserves the right to request a deposit of 50% of the agreed rate before commencing commissioned orders. The outstanding 50% will be paid when the client has signed off on the contract.
Payment is payable by direct credit via Internet or Telephone banking. Bank account details for such payments are on the tax invoice.
Complaints regarding finished goods must be received by the supplier within a reasonable time in writing. What is a “reasonable time” will depend on the circumstances of each case.
Only clients commissioning for the Premium Website Package are permitted a minimum of 3 major revisions per a commission, for example moving photos and text around the page means doing layout changes. However, changing a short text phrase here and there is a minor revision and is exempt.
Experimental and/or Creative work, preliminary sketches, dummies and other creative work will be charged for by the supplier.
Ffotobase is not liable for errors in the finished work where a proof has been submitted to and approved by the customer.
While any monies are outstanding by the customer to Ffotobase, the customer grants to Ffotobase the right to enter premises where goods are stored and remove them.
Where a contract is cancelled by the customer, all work properly done by the supplier will be paid for by the customer. Contracts for the printing of periodicals can only be cancelled on the supplier receiving the agreed amount of notice in writing.
It is the customers responsibility to retain a copy of any image or file supplied. The supplier is not responsible for accidental damage to any material supplied. Any additional translating, editing or programming needed to utilise customer supplied files or images will be charged.
There is no guarantee that production prints will exactly match colour proofs because of variations in proof preparation methods and substrates. The supplier will however use its best endeavours to provide a commercially acceptable finished product.
The supplier has in respect of all unpaid debts, a general lien on all the goods in the supplier’s possession. If after 14 days written notice a debt remains unpaid the supplier is entitled to dispose of the goods as the supplier sees fit and apply such proceeds towards the debt.
The supplier is not required to reproduce any material that is, in the suppliers opinion, illegal or libellous in nature or that is in breach of any statute. The supplier will be indemnified by the customer in respect of any and all claims, costs, and/or expenses arising out of any libel or breach of statute or infringement of copyright, patent or design.
Where the customer is a company or a person in trade the Consumers Guarantee Act 1994 will not apply. The supplier will not be liable for any indirect or consequential loss to the customer arising from third party claims occasioned by errors in the work or by delay in delivery. No warranty is given or responsibility accepted by the supplier to ensure that goods produced comply with the requirements of any legislation relating to the marking and/or labelling, and/or packaging of goods. Compliance with any such legislation is the customers responsibility. No guarantee is given that the goods supplied to the customer are fit for any purpose not made known to the supplier. The supplier shall not be responsible for any delay, default, loss or damage due to any industrial disputes, accidents, acts of God, equipment failure or mischievous damage or other cause beyond the supplier’s control.
The materials appearing on Ffotobase web site could include technical, typographical, or photographic errors. Ffotobase does not warrant that any of the materials on its web site are accurate, complete, or current. Ffotobase may make changes to the materials contained on its web site at any time without notice. Ffotobase does not, however, make any commitment to update the materials.
Ffotobase may revise these terms of use for the Site at any time without notice. By using the Site you are agreeing to be bound by the current version of these Terms and Conditions of Use.
Digital Millenium Copyright Act (DMCA)
In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.