Terms and conditions
This document sets out the Terms and Conditions between us in relation to the provision of services as set out within in the Quote / Estimate above, along with any subsequent contract entered into will be subject exclusively to these Terms and Conditions as set out below. By accepting this quote and commission the work set out within this quote you are agreeing to the following Terms and Condition and you acknowledge that you have been offered the opportunity to read these Terms & Conditions and agree to be bound by them. When you contract the delivery of the work set out in this Quote / Estimate, you acknowledge that these Terms & Conditions take precedence over any other terms and conditions, express or implied and regardless of whether it is your general practice to conduct similar engagements under your own Terms & Conditions.
We do not store credit card details nor do we share customer details with any 3rd parties
a. The services Red Monster Print Ltd shall provide to you and the prices to be paid for such work are set out in this Estimate. Where alterations to the services to be provided are proposed by you or Red Monster Print Ltd during the course of the work these shall be agreed by us both in writing before the work proceeds.
b. Unless otherwise agreed in writing, payment for the work to be undertaken under this agreement is due prior to delivery of the work on receipt by you of an invoice from us as per the signoff stages within the payment schedule.
c. Red Monster Print Ltd will use reasonable endeavours to abide by dates agreed for delivery of material to you. You agree to supply material you are to provide to us in order for us to perform our work under this agreement (where relevant) at least one week in advance of the delivery date and Red Monster Print Ltd will not be liable where failure to deliver is caused by your delay.
d. Red Monster Print Ltd will not be responsible for any delay or failure to deliver material under this Agreement caused by circumstances beyond our control, such as acts of God, fire, strikes, failure of subcontractors or suppliers to supply material required. Where such delay occurs Red Monster Print Ltd’s obligations under this Agreement shall be suspended for the period of such delay.
e. Where you do not confirm in writing acceptance of the Supplies within 14 days of delivery to you the Supplies are deemed accepted by you at the earlier of the expiry of such 14 day period or your first live use. Where the Supplies are rejected by you, whether in whole or in part, Red Monster Print Ltd will endeavour to correct the Supplies within 14 working days to ensure compliance with this Agreement.
f. Red Monster Print Ltd shall be given the first opportunity to make any revisions requested by the Client. If the revisions are not due to any fault on the part of Red Monster Print Ltd, an additional fee shall be charged. If Red Monster Print Ltd objects to any revisions to be made by the Client, Red Monster Print Ltd shall have the right to have his or her name removed from the published Work.
g. Red Monster Print Ltd will deliver goods via ‘APC Cambridge’ A courier company based in Cambridge. The majority of our products will be dispatched between 3-5 working days from supplied artwork.
h. Red Monster Print will refund any returned goods which are faulty. Red Monster Print Ltd will be unable to offer any refunds on errors relating to provided artwork as this is the responsibility of the client and must be checked before supplying. If Red Monster Print Ltd has provided the artwork, you will be asked for approval before print production.
Intellectual Property Rights
a. ‘Supplies’ means all artwork, copy, data, photographs, information, code, programs and other materials and software which Red Monster Print Ltd provide to you pursuant to this Agreement but does not include material which Red Monster Print Ltd obtained from you.
b. Red Monster Print Ltd warrant that to the best of our knowledge and belief the Supplies are original to us; however Red Monster Print Ltd cannot be and are not responsible for compliance of the Supplies with laws of all jurisdictions of the world to which users of any relevant website have access. It is your responsibility to satisfy yourself of such compliance.
c. Unless otherwise stated in this document (Special conditions – Ownership of Intellectual Property Rights) and further subject to your paying Red Monster Print Ltd invoiced fees in full in accordance with the terms of this Agreement, Red Monster Print Ltd grant to you a non-exclusive license of the Intellectual Property Rights, including, without limitation, copyright and related rights anywhere in the world, in the Supplies for the duration of this Agreement for the purposes of use with your brand or otherwise as agreed in writing from the date of your acceptance of the Supplies. Red Monster Print Ltd reserve the right to veto any use outside the scope of this license.
d. Red Monster Print Ltd assert moral rights in the Supplies and you confirm that you shall not alter, reuse or otherwise exploit or jeopardise the artistic integrity of the Supplies without Red Monster Print Ltd prior written consent.
a. You warrant that the supply and use of material provided by you does not and will not breach any third party rights, including, without limitation, Intellectual Property Rights.
b. Red Monster Print Ltd will not be liable for any claims, losses and/or damage of any kind you may incur as a result of an act or omission of any third party for whom Red Monster Print Ltd have no responsibility. This is relevant, without limitation, to persons you may engage for printing.
Invoicing And Payment
a. Invoices will be issued in accordance with the Signoff & Payment Schedule.
b. In the event that no Schedule forms part of the Quote / Estimate, at the time of signing this form or the commencement of work, whichever is first, the Client shall pay the Agency 30% of the fee as an advance against the total fee. The balance is to be paid upon completion of the assignment.
c. Unless otherwise agreed, Red Monster Print Ltd’s payment terms are at time and on date of invoice.
d. In the event that work is postponed for longer than 40 calendar days or at the request of the Client, Red Monster Print Ltd will have the right to bill pro rata for work completed through the date of that request, while reserving all other rights.
e. Red Monster Print Ltd may agree to open a credit account (subject to satisfactory credit references being supplied) but reserve the right to withdraw credit facilities at any time.
f. Interest on overdue invoices will be charged on a daily basis at the rate of 1.5% per month.
g. If a project is cancelled or postponed or another designers services are bought, only work that was actually undertaken, completed or otherwise, will be invoiced.
a. Any information about Red Monster Print Ltd or you or about your products or financial or business information shall be treated as confidential, used only for the purpose of performance of obligations under this Agreement and not disclosed save as permitted under this Agreement, without limit as to time. Provided that information in the public domain otherwise than through the default of the other party shall not be deemed confidential under this clause.
b. The termination of this agreement will not affect this clause.
c. Red Monster Print Ltd will be entitled to make reference to our relationship with you in our publicity material.
d. Where you have signed a confidentiality agreement with Red Monster Print Ltd this shall continue without limit as to time in addition to the provisions in this clause.
a. Save as provided below, this Agreement shall continue until the work contracted for as set out in the Schedule is performed, or, where an on-going work commitment is signed, on expiry of two week’s written notice from one of us to the other.
b. Where one party is in breach of this Agreement the other may serve written notice to terminate the Agreement forthwith, save that where the breach can be remedied 30 days notice to remedy shall first be given and where remedied such termination will not take effect.
c. Either party may terminate this Agreement forthwith by written notice where the other goes into liquidation, or administration, or is declared bankrupt or otherwise is unable to pay its debts as they fall due.
d. Without prejudice to Red Monster Print Ltd’s propriety rights, on termination by you for breach or liquidation/administration Design Illustrated shall send to you in accordance with your reasonable directions any material relating to the Supplies (where relevant) then in our possession or control and the licence to use the Supplies shall continue without limit as to time.
e. On termination by Red Monster Print Ltd for breach or bankruptcy/liquidation/administration your rights to use the Supplies shall cease and you shall return any disks (or other comparable storage media) supplied to you (containing any Supplies) and retain no copies thereof.
a. No variation of this Agreement will be valid unless agreed in writing by us both. For the avoidance of doubt, e-mail communications may be used to agree a variation in accordance with this clause but not word of mouth.
b. You may not assign this Agreement without Red Monster Print Ltd’s prior written consent. The licences granted under this Agreement are personal to you and only for the purposes and/or media set out in this Agreement. Further licences, licensees, uses and other matters not licensed under this Agreement shall only be granted where Red Monster Print Ltd so consent and usually on payment of additional licence fees.
c. The Agreement sets out the entire Agreement between us save for any confidentiality agreement between us or other documents referred to in the Estimate.
d. All representations, warranties or other assurances made by or on behalf of Red Monster Print Ltd to you other than as set out in this Agreement do not form part of this Agreement nor shall they be legally enforceable or actionable.
e. If any provision of this Agreement is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement, all of which shall remain in full force and effect.
f. No forbearance or delay by Red Monster Print Ltd in enforcing rights under this Agreement will prejudice or restrict rights and no waiver of any breach of such rights or waiver of the rights will be deemed to be a waiver of any other right or of any later breach.
g. Nothing in this Agreement shall constitute or be deemed to constitute a partnership or joint venture or the relationship of principal and agent or employer and employee.
h. The Client shall not approach any member of the Red Monster Print Ltd team responsible for the delivery of work set out in this Quote / Estimate directly or indirectly at any time before during or after any project to work with them directly and will only work with these parties via Red Monster Print Ltd.
i. All notices shall be in writing and sent to the address of the recipient set out on letterhead or such other address as the recipient may designate by notice given in accordance with this provision. Any notice may be delivered personally by first class prepaid letter and shall be deemed to have been served if by personal delivery when delivered, if by first class post 48 hours after posting.
j. This Agreement shall be governed by English law and we both submit to the non-exclusive jurisdiction of the English courts in relation to any dispute under this Agreement.