Limelight Marketing Communications Ltd
Terms of Business ( 24 April 2018 )
1) All quotations are valid for 30 days from the date of the quotation.
2) All costs provided exclude VAT unless otherwise stated.
3) The costs provided when quoting are guide prices based upon what we anticipate the creative time and production requirements will be based on the customers brief (if applicable), previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and giving approvals. Within reason, additional charges may be payable if there are significant variations to the original quotation. Any such charges will be advised to the customer for agreement.
4) No work will commence until Limelight has received written approval of the quotation (by hand or by email) and a minimum deposit of 50% of the agreed costs (unless otherwise agreed in writing). This ensures that Limelight is fully equipped to provide the very highest levels of service and expertise, from project concept through to completion. This also applies if a project is delivered in ‘stages’, whereby a deposit will be required before proceeding to each new stage.
5) Unless otherwise agreed in writing, the balance of payment will be due in full within 30 days from the date of the invoice. On some occasions we may ask for the balance of payment to be paid in full on project completion (e.g prior to delivery of printed items, publishing of website, sending of e-shot etc).
6) If a quotation has been provided where a job will be approached in ‘stages’, each stage will need to be paid in full on completion before Limelight are able to progress to the next stage.
7) If any project exceeds the estimated time line agreed or extends beyond twelve weeks from approval of quotation (whichever occurs first), Limelight reserves the right to invoice 25% of any outstanding balance, with the remaining 25% payable on completion.
8) Unless otherwise agreed in writing, work will usually commence within ten to fourteen working days of deposit receipt. Any anticipated completion date provided by Limelight is subject to quotation options chosen, client co-operation in provision of information, resources (logos, images etc) and giving approvals. Limelight will do its very best to ensure that agreed time lines are adhered to, but please be aware that amendments requested, additional
requirements, third part issues or delays in payments may potentially result in delays to project completion.
9) Costs provided allow for a maximum of three sets of client amends on any project, after which time additional charges may become payable, although the client would be made aware of this in advance.
10) At the end of each stage of the process (including, but not limited to presentation of final visuals, before sending an item to print or publishing a website) the client will need to ‘sign-off’ their approval in writing (preferably by email). No further work can be undertaken until Limelight are in receipt of written approval confirmation. Any amends to work after signed approval may incur additional charges. It is the clients responsibility to carefully check the copy submitted within proof and advise any corrections. We will not accept responsibility for actual or consequential loss arising from incorrect spelling, punctuation, typographical errors etc, that are not pointed out to us by the client prior to production of final artwork.
11) If not outlined within the quotation, costs provided allow for an initial meeting between Limelight and client. Further meetings may incur additional costs.
12) Unless otherwise specified, costs quoted exclude the following where relevant: print; commissioned illustration, photography or stock images; image retouching; image scanning; copy writing; postage, in-house colour print-outs, travel; web hosting, couriers; other third-party costs incurred (such as merchant bank and payment gateway charges) etc.
13) It is assumed that unless otherwise stated, most copy and images will be provided by the client, although Limelight will contribute to this (through headlines, and top-line messages etc) as a natural part of the creative process. Limelight is able to provide a full copy writing service or copy advice, as well as illustration and photography at an additional cost if required. Purchased royalty-free stock images from our standard sources (if required) can also be provided at extra cost.
14) Limelight recommends that clients use our preferred suppliers for print and is able to provide competitive quotations to ensure high quality and service is maintained until delivery of the final product. We always seek a number of quotations from our trusted print suppliers and provide a complete management service: from print sourcing to print liaision to proof checking. Although clients are not contract-bound to use Limelight to provide this service, it is highly recommended for quality control and peace of mind. If a client prefers to use their own print
supplier, Limelight will simply provide artwork directly to the client to manage and forward, and will be unable to monitor, advise or take any responsibility for the process or final output.
15) In addition to print suppliers, Limelight works closely with sign manufacturers and installers, photographers, illustrators, film makers and other relevant partners to provide an extensive high-quality service offering beyond immediate in-house capabilities.
16) Clients should be aware that due to a variety of factors there will often be variance in colours shown between in-house proofs, colours on screen, printer’s proofs, and final printed items. These factors are determined by the source of the print or visual (each output source e.g Limelight printer, the client’s printer, the image setter, the monitor etc will differ from the other), the types of inks or make-up of colours (even Pantone colours can vary significantly and
often surprisingly depending on what stock or substrate they are printed on), the type of print process (short-run digital, longer-run litho printing), the substrate (paper, card, plastic etc) used, individual preferences (ambient light, personal computer settings etc) and several other reasons. As a result of this Limelight is unable to guarantee 100% consistency and accuracy of colour on all items. In the case of printed items, the only true guide as to what is likely to be produced, is to request a ‘wet-proof’ on the actual intended substrate with the actual inks to be used, although this will incur additional cost.
17) Until payment is received in full, all designs, artwork and rights to design and artwork (whether in digital or printed format) remain the intellectual property of Limelight. Full copyright and ownership of all ‘commissioned’ work will reside with Limelight until full payment has been received, at which point Limelight will surrender to the client, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options,
files, images or documents developed throughout the process). This agreement is subject to appropriate credit and acknowledgment and Limelight’s right to use the work for self
promotion in its portfolio, in presentations, in advertising, in print and online.
18) Appropriate credit and acknowledgment for work produced by Limelight is to be attributed to Limelight (for instance written in small text on the back of a printed item or at the bottom of a website) and may be referenced for Limelight’s promotional purposes unless otherwise agreed by Limelight by prearrangement with the client.
19) Limelight will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to Limelight. It is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark with the ‘UK Intellectual Property Office’ if required.
20) Limelight will (at its discretion) provide the client with end-artwork in its final form (e.g. print-ready PDF; DVD master; outlined EPS file etc). However, Limelight does not by default provide clients with original artwork or HTML code (for example an InDesign file, layered Photoshop file or HTML source file) or any working or development files, rejected concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with Limelight for non-exclusive future use.
21) Limelight will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the client (except as may be necessary in performance of the service). We will act reasonably to protect such information and treat it as strictly confidential.
22) The client agrees to alert Limelight in writing to any defects or problems in relation to work and services provided, within 30 days of the final invoice date. Limelight will not be liable for any claims made after this period.
23) For all web related projects, unless specifically stated, the client will retain 100% ownership of the web page design only (ownership is not applicable to proprietary software and programs or source code, such as databases, e-commerce and/or content management systems, web application source code or flash files/animations).
24) Limelight offers a web hosting service to host the websites we have built for our clients and hosting will be provided stored within a secure data base located in the UK. This is recommended in order to ensure ongoing quality of service. Although the standard of our hosting packages are high, Limelight is unable to guarantee 100% up-time (as no web
host will do so) nor accept any responsibility for any error, omission or misrepresentation in relation to the websites hosted. or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) suffered by any user of the websites hosted.
Limelight reserve the right to terminate a client’s website hosting in the event that payment against a hosting invoice is not received in a timely manner.
25) Limelight, its employees or suppliers shall not be liable for any indirect or consequential loss (including loss of profit) suffered by the client, any third parties or users of websites created by Limelight resulting from performance of the services, hosting of websites or any other cause.
26) Limelights financial liability arising out of the performance of the services from whatsoever cause shall be limited to the value of the services provided.
27) Force Majeure - Neither Limelight or the client will be held responsible for delays incurred beyond their reasonable control e.g. acts of god such as natural disaster, war, terrorism, fire etc. The non-performing party must make every reasonable attempt to minimize delay of performance.
29) Limelight or the client may terminate the contract by giving 30 days notice in writing to the other. In the event of termination by either party (unless agreed otherwise) Limelight will be entitled to retain any deposit paid and invoice/be paid for any additional work undertaken over and above the deposit value.
30) In the event of any dispute arising from or in connection with the performance of the services the parties will seek to resolve amicably through discussion/meeting followed if necessary by arbitration (arbiter to be agreed between the parties).
31) The law of England and Wales will apply to any dispute or claim arising out of or in connection with the performance of the services not resolved under 30) above.
32) These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. Limelight reserves the right to change or modify these terms at any stage with immediate effect. By agreeing to these terms, your statutory rights are not affected.