Terms & Conditions General
These terms and conditions (“the terms’) govern every contract made between Mee Creative Ltd (“MeeCreative”, “we”, “us”, “our” “the company”) for the supply of goods and services to any person, firm or company (“the Client”). The terms prevail over any written terms and conditions of the Client. Two directors of MeeCreative must agree any variation to the terms in writing. By placing an order with MeeCreative, the Client is entering into a legally binding agreement based on these terms and conditions. English & Welsh law will govern all contracts between MeeCreative and the client and the parties agree to submit to the exclusive jurisdiction of the English & Welsh courts. The following information is correct at the time of publishing. For an up to date version please request a copy from us directly.
We will provide our services with reasonable skill and care, subject to payment of the charges by the Client. Dates for commencement and delivery of the services quoted by us are estimates only and are not guaranteed. We will not be liable for any delay in the delivery of images and/or services.
Proposals, Estimates, Payment & VAT
Customarily, a written proposal is submitted for approval before any design work is carried out, although in circumstances where a Client engages the design services of MeeCreative without any such proposal being submitted, the same terms and conditions will apply and the agreement will be in force regardless. MeeCreative will start design work upon mutual agreement with the Client of all proposal points. Upon Client acceptance of a proposal, or upon engagement on a project without a written proposal being required, the Client will be required to confirm that they wish to go ahead with the project in writing by email, fax or letter. The company shall charge costs, charges and expenses as shall be agreed in writing with the Client for the supply of any goods and services via an “estimate” or “quotation” prior to commencement of any design work. The estimate will normally result from a brief supplied by the Client or a meeting with the client to define the brief for the project. MeeCreative will then await confirmation in writing from the client before commencing any design work via a purchase order, a fax, letter or email. Any estimates given are valid for 30 days from the date of quotation unless otherwise notified in the estimate. If the Client’s final order changes from the original specification made for the quotation, MeeCreative reserves the right to vary the quotation accordingly, including price alteration. All prices quoted are exclusive of VAT unless specified. VAT will be charged at the prevailing rate, unless VAT exemption applies. Our VAT registration number is 115510359. Payment is due at the time of ordering, immediately upon receipt of our invoice, except where credit facilities have been approved in writing. Credit terms are strictly 14 days from the date of the invoice. MeeCreative shall be entitled to cancel and/ or suspend the services if any payment is not made on the due date. In addition, we reserve the right to charge interest at 3% above our bank base rate on overdue payments. The Client shall have no right of set-off or to withhold payment or deduct any amount for any reason whatsoever.
In the event that the Client cancels the services after placing an order, it shall be liable in full for all costs incurred by MeeCreative in relation to the order up to the time of cancellation and any costs or expenses incurred by MeeCreative or to which we are committed prior to, or as a result of, the client’s termination of the agreement. No refunds of payments made by the Client shall be given under any circumstances.
Turnaround times, which may be given either verbally or in writing, are normal target times only and MeeCreative accepts no liability for failure to meet these times, but will use its best endeavors to do so.
All work carried out at the Customer’s request verbally or in writing, shall be charged to the Customer unless otherwise agreed in writing. By mutual consent, MeeCreative will prepare initial designs. Following agreement between the Client and MeeCreative upon a proposed design, the client may request rounds of amendments specified in the estimate to any one design proposal. If the Client subsequently accepts no design, or if MeeCreative consider any further such changes to be an unreasonable departure from the spirit of the agreement, MeeCreative may choose to terminate the agreement and in such case, will invoice the Client for the work completed to date with no further obligation on the part of MeeCreative. Any work completed up to that point may be used by the Client upon payment for whatsoever purposes he/she chooses, although intellectual property rights and copyright to such work will be retained by MeeCreative or otherwise agreed in writing. If MeeCreative participates in a pitch, and MeeCreative loses that pitch, no charges will be levied by MeeCreative to the Client if agreed in advance of the pitch in writing. If MeeCreative participates in a pitch and wins that pitch, MeeCreative reserves the right to invoice for the work done to date for the pitch if the job pitched for is unlikely to be completed within a 30 day period of notification of MeeCreative winning the pitch. For all work presented as part of a pitch, MeeCreative retains the copyright unless agreed in writing by MeeCreative.
The Client will provide or assist MeeCreative in obtaining whatever materials, text or information are required for the provision of the services. We reserve the right to charge for time spent acquiring or amending such materials, text or information where those supplied by the Client are inadequate, or where the Client’s instructions are inaccurate or incomplete. The Client should not send original or unique materials to MeeCreative and we accept no responsibility for loss or damage to Client material stored at our premises in any form. The Client will review all specifications, drafts and proofs provided by MeeCreative and provide feedback and/or approval in a timely manner. The Client will thoroughly check such specifications, drafts and proofs provided by MeeCreative before signing off on them. Once written approval has been given the Client will have no further opportunity to make changes to the final product and we shall not be responsible for any error subsequently discovered in the final product. Nor will we be liable for any Client dissatisfaction with the product where the final product is produced in accordance with the signed-off specification. Any changes we do subsequently agree to make will be at our sole discretion and we reserve the right to charge for them. Any claims for damage or short supplied goods must be made in writing within 7 days of goods being received.
Retention of Title
All goods or services sold or supplied by MeeCreative remain our property until payment is made in full.
The Client represents and warrants to MeeCreative that any elements of text, graphics, images, designs, trademarks or other material supplied or disclosed to MeeCreative are the property of the Client or the Client has permission from the rightful owner to use each of those elements and that MeeCreative use of such material shall not infringe the intellectual property rights of any third party. MeeCreative will inform the relevant governing bodies in the event that it finds itself in possession of an illegal image. Any product produced by MeeCreative for the Client using or containing anything supplied or disclosed by the Client, which infringes the intellectual property rights of any third party, will remain the liability of the Client and the Client will indemnify and keep indemnified MeeCreative against any loss, damage claim or expense arising out of such infringement. Where all sums owed to us under this agreement have been received, MeeCreative will assign to the Client all intellectual property rights (including copyright) in the final product as are owned by us and capable of assignment. At the same time, the Client shall grant MeeCreative a perpetual, royalty-free, worldwide, non-exclusive licence to use and exploit such IPRs. Each party shall retain ownership of any intellectual property rights belonging to that party at the date of commencement of this agreement. All images, text, layouts, website scripts and source code appearing on or associated with this website are copyright of Mee Creative Ltd 2016. All media published remain the intellectual property of Mee Creative Ltd. MeeCreative shall have the right to use the Client’s name, logo and case study information royalty-free in its own marketing material.
Printing is not done in house but can be arranged through the Company. MeeCreative retains the right to use a printing house of their choice. Every endeavour will be made to deliver the correct quantity ordered but estimates are conditional upon margins of 5% being allowed for over’s or shortages. Colour control is kept to the optimum but some colour variance may occur and stock variance may occur if an item is to be reprinted.
In most cases, one or several rounds of electronic proofs will be allowed for in the estimate provided and approved by the Customer. Hard copy proofs of all work may be submitted if requested by the Customer for the Customer’s approval and MeeCreative shall not be liable for errors not corrected by the Customer in any final round of proofs whether electronic or hard copy. The Customer may be requested either to approve the final round of proofs by email or by fax in writing. The customer’s alternations and additional proofs necessitated thereby shall be charged as additional charges if not allowed for in the estimate supplied and approved by the Client. No responsibility will be accepted for any errors in proofs approved by the Customer. It should be noted that electronic and digital proofs are not colour accurate and if 100% colour accuracy is required with the proofs, the Client should request a “hard proof” which may incur an extra charge.
Warranties & Liability
MeeCreative warrants that to the best of its knowledge and belief the final product shall not infringe any third-party rights or be in any way contrary to English & Welsh law. All other warranties or representations whether express, implied or statutory, with respect to our service, including, without limitation, any implied warranties of merchantability, accuracy, fitness for a particular purpose, or non-infringement are hereby excluded to the maximum extent permitted by law. No oral or written information or advice given by us shall create a warranty. Except in respect of death or personal injury due to negligence for which no limit applies, MeeCreative’s maximum aggregate liability to the Client under this agreement shall in no circumstances exceed an amount equal to the total amount actually paid by the Client under this agreement. In no event shall MeeCreative be liable to the Client for any loss of business, loss of opportunity, profits or goodwill, or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or we had been made aware of the possibility of the Client incurring such a loss. The Client shall indemnify and keep indemnified MeeCreative from and against any and all damage, loss, costs, expenses (including legal costs and expenses) and liability whether civil or criminal which we may incur or suffer resulting from any act, neglect or default of the Client or its agents, employees or licensees, or the infringement of the intellectual property rights of any third party.
Inclusion of Client Work In MeeCreative’s Portfolio
MeeCreative retains copyright to the design of any work. We reserve the right to show the design of any items to potential customers and display them in any promotional items as required by MeeCreative. MeeCreative reserves the right to reproduce copies of the Client’s completed work in its portfolio for the purposes of advertising and promotion, unless otherwise agreed in writing.
A design credit may be included on all printed and electronic material that MeeCreative design. Each credit may be hyperlinked to MeeCreative’s chosen URL.
The parties agree to treat as secret and confidential and not at any time for any reason during or after the termination of the agreement to disclose or permit to be disclosed or made use of any confidential information concerning the other’s business, which they may acquire in the course of the agreement. The above restrictions shall not prevent: (a) the disclosure of information if required by law; or (b) the disclosure of information, which is already in the public domain otherwise than through, unauthorised disclosure by the Consultancy.
Any valid alteration to or variation of this agreement must be in writing and signed on behalf of each of the parties by a duly authorised representative.
No failure of either party to enforce at any time or for any period any term or condition of the agreement shall constitute a waiver of such term or of that party’s right later to enforce all terms and conditions of the agreement.
If any provision of the agreement is declared by any judicial or other competent authority to be illegal, void, voidable or otherwise unenforceable, or indication of the same is received by either of the parties from any relevant competent authority, such provision shall be deemed severed from the agreement and the remaining terms of the agreement shall remain in full force and effect.
Neither party shall be liable for any delay in performing or failure to perform its obligations under the agreement to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control (an “event of force majeure”) provided that the event of force majeure is not due to the fault or negligence of that party. Each party shall use its reasonable endeavours to minimise the effects of any event of force majeure. The Client’s obligation to pay all amounts due under this agreement is explicitly excluded from the provisions of this clause.
The agreement is governed by and is to be construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England and Wales. Mee Creative Ltd is a Company registered in England and Wales whose registered office is at: 25 Commercial Road, Taibach, Port Talbot, SA13 1LN, United Kingdom and whose company number is 07659943.