Terms & Conditions

These conditions, which are construed under English Law, are applicable to Northern Monkey Creative Media (The Company) and should be read in conjunction with other documents and/or the correspondence comprising issued to the client.

1. Acceptance.
A copy of these terms and conditions must be signed by all new customers at the time of submission of work to Northern Monkey Creative Media, indicating agreement to and acceptance of these Terms and Conditions. Alternatively, payment of an advance fee is an acceptance of our terms and conditions, a copy of which is available at our website www.nmcreative.co.uk.

 The Contract for any of Northern Monkey Creative Media's services is to be based on the conditions herein or detailed in the contractual estimate.

 

This contract is valid on all work commissioned to/by Northern Monkey Creative Media and we do not undertake any work unless these terms are agreed to. This contract is still valid even if it is not signed by the client as the client must agree to these terms and conditions when placing an order with Northern Monkey Creative Media.

2. Payment:
An upfront payment of 100% of the total fee is due with all orders, unless otherwise agreed, in which case payment is due upon completion of work commissioned to Northern Monkey Creative Media.

Whilst any payment due under the agreement remains outstanding, Northern Monkey Creative Media shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement.

All payments by cheque, bankers draft or money order must be made in pounds sterling. All credit card and debit card transactions will be processed in pounds sterling.

All Payment is expected within 5 days of the date on the invoice. Any payment returned by the bank or credit card company will incur a £50 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer. Charges for web design and print work does not cover the release of source .PSD or .FLA files; if the Customer requires these items then a small administration charge will apply.

All deposits are non refundable.

3. General:
Northern Monkey Creative Media reserves the right to alter prices at any time without notice. If a client has commissioned any services from Northern Monkey Creative Media prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.

At Northern Monkey Creative Media we strive to produce the highest quality print work, however if the product is unsatisfactory to the client once produced then Northern Monkey Creative Media will strive to correct the product at their discretion however all print work must be paid for on completion regardless of any dispute that may arise between The Company and the Client

Printing COLOUR ERRORS: Every effort is made to match colours on proofs supplied to the client with the final printed material, however due to the different types of printing process i.e. Digital/Litho we accept no responsibility in colour difference in the final product and class proofs as a guideline only. Colour corrections will be corrected on any reprints in the future for FREE of charge.

Northern Monkey Creative Media Retains the rights to use any of its clients names and/or logos in its own promotional material. This may be without the consent of the client.

Under no circumstances shall The Company be liable to the Client for an indirect or consequential loss suffered by the Client relying on the information included in the works prepared by The Company including (without limitation) loss of profit, loss of Contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the work only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.  

8. Copyright:
Any print work, design or any other product designed by Northern Monkey Creative Media carries a copyright, and cannot be reproduced without written consent. The placing of an order by the client or other person/Agency on behalf of the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the artwork. The Advertiser/customer must indemnify Northern Monkey Creative Media in respect of all actions; proceedings; costs demands and claims arising from any such breach.

All material, both text and images, supplied by the client and used in the construction of the client's printed material, will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws. The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants Northern Monkey Creative Media the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting Northern Monkey Creative Media permission and rights for use of the same and agrees to indemnify and hold harmless Northern Monkey Creative Media from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Customer to Northern Monkey Creative Media that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested

All copyright and all intellectual property rights in the work prepared by The Company for the Client, shall remain vested in The Company until such time as all fees have been paid. The copyright and all intellectual property rights will pass to the Client after final payment.

The Company will use all reasonable endeavor to meet quoted completion dates. However, time is not the essence of the Contract and The Company will not be liable in cases of late reporting, however, caused, nor shall lateness be deemed to be a breach of Contract or an act of negligence.

9. Disclaimer:
Northern Monkey Creative Media will not be responsible for any damages your business may suffer. Makes Northern Monkey Creative Media no warranties of any kind, expressed or implied for services we provide. Northern Monkey Creative Media disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Northern Monkey Creative Media and its employees. Northern Monkey Creative Media reserves the right to revise its policies at any time.  By agreeing to these terms and conditions your statutory rights are not affected.