Terms & Conditions


DEFINITIONS

In these terms and conditions the following definitions apply:

Special Kind: Special Kind of 42 Somerset Road, Stafford, Staffordshire, ST17 9XB.

Client: the person, firm or company who purchases Services from Special Kind.

Contract: the contract between Special Kind and the client for the supply of Services in accordance with these terms and conditions.

Deliverables: all works, materials and products developed by Special Kind in relation to the Services in any media including without limitation computer programs, designs, data, diagrams, drawings, brochures, artwork and specifications.

Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade and service marks, trade, business and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, and including without limitation all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may subsist in any part of the world.

Materials: all materials and content provided by the client to Special Kind from time to time in connection with the Services.

Parties: Special Kind and the client.

Services: the design and/or other services to be provided by Special Kind to the client as described in the estimate or quotation.

The client shall ensure that the Materials and/or their use do not infringe the Intellectual Property Rights of a third party or any applicable laws or regulations. Special Kind is entitled (in its sole discretion) to refuse to use any Materials.

The client shall indemnify and hold Special Kind harmless against all and any damages, liability, demands, loss, expenses and costs (including without limitation legal fees) suffered or incurred by or awarded against Special Kind in connection with or arising as a result of any action or claim that the Materials and/or their use infringe the Intellectual Property Rights of a third party or any applicable laws or regulations.

All Intellectual Property Rights and all other rights in the Deliverables (excluding for the avoidance of doubt the Materials) shall be owned by Special Kind. Special Kind hereby licenses all such rights to the client on a non-exclusive, non-transferable, non-assignable basis (with no right to sub-licence) to such extent as is necessary to enable the client to make reasonable use of the Deliverables and the Services as is envisaged by the parties. If the client does not make any payment to Special Kind by the due date or if Special Kind terminates the Contract for the client’s material breach or insolvency this licence will automatically terminate. [ Special Kind makes no representation or warranty that the exercise of the rights granted to the client will not infringe the rights of any third party.]

Any additions to briefs provided will be carried out at the discretion of Special Kind and where no charge is made by Special Kind for such additions, Special Kind accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to Special Kind all materials required to complete the work to the agreed standard and within the set deadline.

Special Kind will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Special Kind will not be liable or become involved in any disputes between the client and their clients and cannot be held responsible for any wrongdoing eg. Any disputes re content/images that have been provided to us for inclusion on the site.

Special Kind will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Special Kind will not be liable for any costs incurred, compensation or loss of earnings due to the inclusion of material and information submitted by the client.

Once printed material has been designed and completed the final balance of payment is then due. There are no exceptions to this, i.e If the client decides they no longer want the work, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for print work, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.

The client is expected to proof read the print work produced by Special Kind before being made generally available for use. This will be signed off whereupon the client becomes liable for any mistakes printed.

PAYMENT OF ACCOUNTS

A deposit of 50% is required with any standard project before any design work will be carried out. This figure is non-refundable. A deposit is required from any new client before any work is carried out. Work on the project will not commence until this amount has cleared. It is Special Kind policy that any outstanding accounts for work carried out by Special Kind or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Special Kind.

Once a deposit is paid and work completed the client is obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.

If accounts are not settled or Special Kind have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.

Following consistent non payment of an invoice a Solicitor will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Returned cheques will incur an additional fee of £50.00 per returned cheque.

DESIGN CREDIT

The client agrees to allow Special Kind to place a small credit on printed material, exhibition displays, advertisements and/or a link to Special Kinds own website on the client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

YOUR PRIVACY

We do not share or sell any of your details with third party companies, without your express permission.

CANCELLATION

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Special Kind will need formal notification in writing to its postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Special Kind within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

FULL COLOUR PRINTING

Every effort will be made to obtain the best possible colour reproduction on clients work but due to the nature of the process involved Special Kind shall not be required to guarantee an exact match in colour or texture between the printed results and any proof or existing copy so supplied. Pantone ink matches cannot be produced using the full colour process. Any proof copies issued are NOT colour accurate and are issued for content checking only.

COMPLAINTS PROCEDURE

Anyone who experiences a problem with their web service provided by Special Kind should raise the matter directly giving sufficient information to locate the material (such as a url or a visual reference) and clearly outlining the grounds for complaint. Special Kind will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant to best ability.

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure

A formal complaint should be made in writing to Special Kind, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

FORCE MAJEURE

Special Kind shall not be liable to the client or deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the obligations of Special Kind in relation to the Services, if the delay or failure was due to any cause beyond the reasonable control of Special Kind. Without prejudice to the generality of the foregoing the following, shall be regarded as causes beyond the reasonable control of Special Kind: Act of God, explosion, flood, tempest, fire or accident, War or threat of war, sabotage, insurrection, civil disturbance or equisition, Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government parliamentary or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving employees of Special Kind or any third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure, breakdown in machinery or health implications.

GENERAL

These terms and conditions shall apply to and shall be incorporated into the contract between Special Kind and the client for the supply of the Services to the exclusion of any other terms that the client seeks to impose or incorporate or which are implied by trade, custom, practice or course of dealing. No addition to or variation of, exclusion or attempted exclusion of, any of these terms and conditions shall be binding on Special Kind unless in writing and signed by a duly authorised representative of Special Kind.

No one other than the parties shall have any right to enforce any term of this Contract. If a court or any other competent authority finds that any provision (or part of a provision) of the Contract is invalid, unenforceable or illegal, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.

This Contract and any disputes or claims arising out of or in connection with it or its subject matter or formation (including without limitation non-contractual disputes or claims) shall be governed by and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

ACCEPTANCE OF QUOTATION AND TERMS AND CONDITIONS

The placement of an order for design and/or any other services offered by Special Kind and validated by the client’s signature on the estimate or quotation form, e-mail confirmation or a verbal agreement via phone, constitutes acceptance of the estimate or quotation and agreement to comply fully with all these terms and conditions and forms a Contract between the client and Special Kind. The client agrees to the supply of the Services in accordance with these terms and conditions, acknowledges that it has read and understood these terms and conditions and agrees to be bound by them.