As professionals in the field, we treat all our clients and their information in a professional, confidential way, mindful of the various international legislation measures pertaining to Data Protection, Telecommunications and Privacy. All of the work we execute is original, and where professional images are used, they are copyright cleared for their application.
Flying Flea & Mike Nash Ltd - Terms and conditions of business
These terms and conditions shall form a part of the contract that shall exist between us.
1.1 Parties, Clients, Customer
This agreement
is between Flying Flea a division of Mike
Nash Ltd or its associates ("Us" or "We" or "Our")
and any individual, business, sole trader,
partnership or corporate body ("You" or "Your")
who has placed an order for Us to perform
a service ("Work") for You by means of You
asking verbally or by e-mail or by fax or
by letter for the Work to be done and by
Us confirming Your order by e-mail or fax
or letter.
2.1 Service, Services, Work
The term "Work" may include any kind of research,
graphical work or any type of work connected with the Internet that is ordered
by You and supplied or carried out by Us.
2.2 Acceptance of terms and conditions
By requesting Us to do Work for You, You
accept our terms and conditions and agree that You will pay Us for the Work an
amount not less than that specified in Our quotation at the times or stages specified
in Our quotation.
3.1 Trademarks and copyrights
Mike Nash Ltd
We often exchange links and associations with other parties, companies and websites
where there is mutual gain. If you use the name or logo of Mike Nash Ltd you
agree not to use them for any derogatory or libellous or illegal purpose digitally
or in print. Spamming using the Mike Nash Ltd name logo or any other connection
therewith is specifically prohibited. All material in this document, logo, letterhead,
website and print material is copyrighted and protected by national and international
copyright law.
3.2 Trademarks and copyrights
Services
All work is the sole copyright of Mike Nash Ltd until it is fully paid for by
You. Once Your payment has been cleared by the banks/financial institutions,
the Work becomes your copyright and you are free to use it in whatever way you
wish. All assets other than the finished Work, including working files, fonts
and graphics remain the property of Mike Nash Ltd. This is to ensure future production
and to reduce overall copyright costs. Copyright on any outsourced assets requested
by you, including agency photography, audio, fonts etc, is subject to suppliers'
terms beyond our control that may limit usage to the purpose specified by you
and must be adhered to on an individual basis.
4.1 Terms
The terms of payment and price for the Work will be confirmed by Us
before We commence the Work. Foreign contracts are quoted in UKŁ and converted
to other currencies on the day of quotation.
5.1 Use of service
You may not use the Work for any unethical or illegal purposes.
Mike Nash Ltd reserves the right to terminate work that might, in Our opinion,
breach the law or the rights of Us or any other third party. All rights in the
work shall immediately and automatically revert to Us if you use the Work for
any illegal purpose.
6.1 Censorship
We have a no-censorship policy unless illegal. Taste is a matter
for you to decide. We accept work of all kinds that are legal in the UK.
7.1 Privacy
Mike Nash Ltd will not knowingly disclose to any third party any information
You supply to Us. We have a strict policy of privacy and will not discuss your
work with any third party. We might add your name to our customer list unless
you ask us not to. You can request that the Work be ghosted at the beginning
of service in which case the Work will appear to be Your work and Our name will
not appear on the work anywhere and Your name will not appear on our customer
list.
8.1 Liability
The Internet, including WWW, e-mail, FTP and other protocols are
not guaranteed or may not prove to be 100% secure medium for transmission of
data. Therefore Mike Nash Ltd cannot be liable either directly or indirectly
for any damages including loss of data or mis-delivery of any work passing to
or from Mike Nash via the Internet.
9.1 Warranty
Although we are professional suppliers of Work to a commercial standard,
we make no warranty of any kind for the performance of Work either proposed or
produced. Webwork tends to be one of two kinds, either design award-winning or
commercially effective. We always give our best efforts and apply all our experience
in trying to obtain the best commercial results for You, but we cannot guarantee
any return rates, hit rates or other measures of success.
10.1 Indemnification
You agree and solemnly swear that you have the relevant permissions
for the use of any names, trademarks, logos, artwork or likenesses that you supply
to us to be used in the Work. You guarantee that there are no hidden codes or
offensive or illegal meanings concealed within any material you supply and ask
us to use in the Work. You agree to indemnify Mike Nash Ltd from any claims from
any owner of any name, copyright, trademark, logo or other intellectual property
that may arise from Your supplying Us with such property. If Mike Nash Ltd or
its suppliers or subcontractors suffer any financial loss either directly or
indirectly due to any act or omission by You regarding claims You have made or
intellectual property You have supplied to Us then You hereby agree to fully
indemnify and reimburse Mike Nash Ltd immediately upon demand.
11.1 Provisions
We reserve the right to make any changes to our terms at any time
although such changes will not affect existing contracts. You are asked to keep
an eye on the terms and conditions for updates that might affect future Work.
12.1 Ordering work
Some clients have not had experience in ordering work and We
take this opportunity of pointing out that there are two ways of contracting
Work. The first is to ask Us to do a professional job for You to the best of
Our ability for which We give You a quotation. The second is to employ an artist,
designer or programmer to bring into physical existence all your ideas and dreams
in many changing permutations for which an hourly rate is paid because the work
is open-ended. Unless agreed otherwise by Us, We undertake work in the former
manner, not the latter. Our quotation includes Our supplying you with a reasonable
choice of rough ideas at the commencement of the work. If you decide not to go
ahead with Work based on the roughs We send You, all roughs remain the Our copyright
and You may not have them worked up by someone else. Once you have chosen a rough
idea, we will work it up into a final professional version designed to do the
job to a commercial standard in which only minor changes will be accepted without
making a further charge. If, at a later date after accepting a rough idea, You
decide to change the whole concept of the Work, We will treat it as an abandonment
of the Work and any Work We have performed from Your first accepted roughs may
have to be paid for by You. If you want to try out many different ideas in finished
versions, we will be happy to quote you an hourly rate.
13.1 Required Notice and Termination
You or We may terminate this agreement at
any time in writing by letter or e-mail at which time. We will supply You with
an account for that portion of the work carried out by Us up to the date of such
cancellation and you agree You will make an immediate payment in full of that
amount to Us. Mike Nash Ltd will not terminate this agreement without good cause.
We are well known for meeting agreed deadlines.
14.1 Payment
All of the work we carry out is subject to payment on completion
of the work unless otherwise arranged in writing. All work is invoiced upon completion.
Where we have arrangements with a client to extract payment directly from a client's
bank account, we will e-mail an advice note before we extract the necessary payment.
We reserve the right to cost non-Stirling invoices at the rate of exchange on
the day of invoicing if rates become prohibitive.
14.2 Foreign exchange
Where foreign payments incur heavy processing charges because of a client's choice
of payment method, we reserve the right to pass on the extra charges to the client
and add them to the bill. We will notify you in writing before making any such
additional charges.
14.3 Outstanding accounts and payments
On all outstanding balances a written reminder is posted after 30 days. The 30
day period will begin when the date reaches the next calendar 28th after invoicing.
Written reminders are reminders that our terms are payment on completion. They
do not indicate any waiver of our terms. We understand that clients sometimes
have cash flow problems and will try to accommodate any difficulties but that
does not imply any changing of our terms.
If the outstanding balance is not cleared after 60 days, a fee of 1.5% interest
per month will be charged then and thereafter on any outstanding balance.
If any balance remains outstanding at 90 days, another written reminder may be
issued.
If any balance remains outstanding at 120 days, you may be sent a written warning
that you have fourteen days to make suitable arrangements for payment, otherwise
the matter will be handed over for collection at our sole discretion.
15.1 The laws of England and Wales shall govern this agreement and any contracts
between us.
16.1 Other information
If you need to know more, please feel free to Contact us or browse our client
list.
17.1 Cordiality
All of the above conditions have arisen because there have been one or two clients
over the years who have ordered work without intending to pay for it. On the
other hand, we enjoy a close and friendly working relationship with the vast
majority of our clients, as is normal in the advertising industry. We look forward
to working cordially with you.
18.1 Responsibility
Flying Flea is a division of Mike Nash
Ltd a limited liability company incorporated in the United Kingdom, Reg. No.
3455137. Foreign clients will
be supplied with beneficiary tax details to satisfy withholding and dual tax
regulations where necessary. |