1. Introduction
1.1 These terms and conditions apply to every and any request for the supply of goods and services, to any person, firm or company (“the client”) by D2P Ltd.
1.2 These terms and conditions take precedence over any terms and conditions of the Client.
1.3 Any variation to these terms must be agreed in writing or via e-mail by a director of D2P.
1.4 All contracts, verbal or written, between D2P and the client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
1.5 Prior to D2P undertaking any work on behalf of the Client, the Client is understood to have read and accepted these terms and conditions.
2. Price and payment
2.1 The client will pay D2P based on an pre-agreed fee, or cost, per project.
2.2 D2P will invoice the client at 30 days after commencement of project if feedback is not received to progress said project. Work carried out on any project up to that time will be charged for.
2.3 Invoices from D2P to the client for supply of goods or services should be paid in full, by cheque or BACS transfer, not later than 30 days from receipt of invoice.
2.4 For services relating to an exhibition, 50% of the value of the goods or services must be paid for at the time of order. The balance must be paid three working days prior to the start of the exhibition the goods are required for.
2.5 The client will pay D2P any expenses incurred in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
2.6 Any concepts, designs or artwork shall remain the property of D2P until payment has been received for such services.
3. Ordering
3.1 Orders for work must be given to D2P by the client either in writing or by email.
3.2 Notwithstanding clause 3.1, if D2P accepts a verbal order from the client, D2P will not be held responsible for any mistakes (made by either party) arising from that verbal order.
3.3 D2P reserves the right to refuse to accept any order for whatever reason.
4. Quotations
4.1 All quotations provided by D2P will be valid for 28 days from the date of quotation.
4.2 If the client’s final order changes from the original specification made on the quotation, D2P reserves the right to vary the quotation accordingly.
5. Turnaround times
5.1 D2P accepts no liability for failure to meet project deadlines, but will use its best endeavours to meet every deadline wherever possible.
6. Print finish
6.1 Unless stated by the client, D2P will decide, at its sole discretion, which paper and/or print finish to use.
7. Broadband/ADSL data transmission
7.1 D2P will not accept responsibility for loss of earnings to the client for untransmissable ADSL data or in the event the said data does not arrive with the Client. It is solely the responsibility of the Client to ensure the receiving end of the ADSL transmission has an active compatible computer. It is also the responsibility of the client to ensure the correct ADSL/Broadband/email address is given to D2P.
7.2 D2P will not be held responsible for any situation resulting from email/electronic data sent to the Client being delayed or diverted by anti-spam (or similar) software or systems.
8. Imagery
8.1 Images provided by the Client, howsoever supplied, must be royalty-free and of sufficient quality to be used for the project in question. D2P reserves the right not to use any imagery it deems unsuitable for reasons of size, subject matter, or quality.
9. Colour balance on images
9.1 D2P reserves the right to beneficially alter, if required, any image provided by the client, unless otherwise instructed.
10. Uncollected work
10.1 If any items of work including prints and original files belonging to a client are not collected after 12 months of the requested work being carried out, D2P reserves the right to dispose of such material without consequence.
11. Copyright and moral rights
11.1 D2P claims no copyright in material submitted to us for the purposes of fulfilling the Client’s instruction.
11.2 The Client warrants that the Client owns or controls all rights, has obtained all copyright, or has permissions, consents and waivers that are required for all copying, processing, scanning, printing and manipulation to be undertaken by D2P.
11.3 The Client also warrants that no copyright or moral rights will be infringed by D2P carrying out the requested work.
11.4 The Client agrees to indemnify D2P against all losses, damages, claims or expenses which D2P may incur by virtue of any breach of the above copyright or warranties.
12. Liability
12.1 The client must contact D2P concerning any invoice queries within 7 days of the date of said invoice.
12.2 D2P’s liability to the Client or any other party for the loss including theft, or destruction or damage to any materials provided by the client which are left with D2P for whatever reason;-
12.2a Will be limited to the replacement cost of the actual material and;
12.2b D2P will not be liable for the cost of reshooting or reprinting the material contained on the material and;
12.2c D2P will not be liable for any loss or damage to the client or any other party including loss of income and;
12.2d It is the client’s responsibility to insure against such loss and damage.
12.3 D2P will not be liable for failing to complete any contract between D2P and the Client due to circumstances beyond D2P’s control, including loss of power supply, machine breakdown, theft of equipment, loss of materials, fire, storm, flood, act of God, war, civil disturbance or terrorism.
13. Website
13.1 D2P will not be liable to any party for damages arising from the use of this website or use of information contained herein. Information on this website is provided without warranty, may contain errors and may be changed or updated at our discretion and without notice.
13.2 Any information or material sent to D2P via this website will be deemed not to be confidential. By sending information or material, you grant D2P an unrestricted license to use, reproduce, display, perform, modify, transmit and distribute said materials or information, and you also agree that D2P can use any ideas, concepts, know-how or techniques that you send us for any purpose.
D2P Limited Registered Office: Old Batford Mill, Lower Luton Road, Harpenden, Herts. Company number: 4646430.