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Heart Creative Ltd Terms of Trade

DEFINITIONS –

In these conditions unless the context otherwise requires:

  1. Designer means Heart Creative Ltd.

  2. Client means the person, or company requesting the performances of services
    from the Designer.

  3. Products and/or services mean the products and/or services being purchased by the Client from the Designer.

  4. Person includes a corporation, association, firm, company, partnership or individual.

  5. Estimate shall mean price on offer for a fixed term.

ACCEPTANCE –

If any instruction is received by the Designer from the Client for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Client, the terms and conditions are definitive and binding.

TERMS + CONDITIONS –

Unless otherwise agreed in writing, these terms and conditions and any subsequent terms and conditions issued by the Designer shall govern every contract entered into between the Designer and the Client and apply to all requests made by the Client for goods or the performance of services by the Designer for the Client.
It shall be the Client’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Client, and accordingly any order made by the Client shall be deemed to be an acceptance of these conditions.

PAYMENT –

The Client agrees to pay the Designer on the 20th of the month following invoice. The Designer reserves the right to require either security or payment in advance in some cases before delivery of any particular order.
In the event that work is postponed at the request or inactivity of the Client for more than 14 days, the Designer shall have the right to bill pro rata for work completed through the date of that request or cessation, while reserving all other rights.
If the Client fails to make a payment by the due date of the invoice you shall be liable to pay the Designer:

(a) Default interest on the amount outstanding calculated at 3.5% per month, and shall accrue after as well as before judgement.

(b) All expenses, including collection costs from obtaining the services of a debt collection company and/or legal fees in relation to any overdue amount will be added to the Client’s account and the Client will be liable for its payment.

REPRODUCTION OF WORK –

The Client assumes full reproduction rights only upon complete payment for entire
finished project. The Designer retains personal rights to use the completed artwork and any preliminary designs, along with the Client’s name for the purpose of marketing the Designer’s business.

PROOFING –

Proofs of all work may be submitted for Client’s approval and the Designer shall incur no liability for any errors not corrected by the Client in proofs so submitted. The Client assumes sole and entire responsibility for, and indemnifies the Designer from any and all losses, expenses or damages which the Client may suffer as a result of any errors in text of any kind or graphic or colour errors or issues whatsoever which are present in any such material following the Client’s final approval of such material. The client also assumes sole and entire responsibility for ensuring that any and all alterations and/or corrections requested are performed to their entire satisfaction.

EXCLUSION OF LIABILITY –

The Designer shall not be liable for any loss of any kind whatsoever suffered by the Client as a result of any breach of any of the Designer’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Designer, its servants, agents or contractors, nor shall the Designer be liable for any loss, damage or injury caused to the Client’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Client shall indemnify the Designer against any claim by any such person.

CANCELLATION –

In the event of cancellation by the Client the Designer shall own all rights to the designs and the Client shall pay a cancellation fee calculated pro rata for work completed through the date of the cancellation request. The billing upon cancellation shall be payable within 30 days of the Client’s notification to stop work or the delivery of designs, whichever occurs sooner.