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Terms and Conditions

1.1 We want to be sure that Jumbo Design Solutions (JDS) provides the best services to our clients in creative design. These Terms and Conditions of Business have been prepared and form part of our contract with you in order that we can both be clear what is expected of us and should be read in conjunction with the quotation we have prepared for you (the "Quotation").

2 Quotation

2.1 We supply you with the Quotation on the basis that estimates of our costs and expenses shall not be binding. We shall try wherever possible as the Work progresses to update you on costings and to seek your approval where any estimate is likely to be exceeded. Any changes to the original instructions may result in a revised quotation being issued.

3 Approvals and Authority

3.1 We require client approval at all stages and will be asking for specific approval by way of signature to ensure that you are happy with the following:

We ask that our clients nominate a person as contact and that, that person be the only one authorised to approve all stages.

3.2 Client approval will be final and by giving it you will be deemed to have accepted that part of the Work. This will be our authority to purchase production materials and prepare proofs to make production contracts to reserve and make contracts to reserve and make contracts for space with media or suppliers under their terms and conditions.

3.3 You may request us to change, reject, cancel or stop any and all plans, schedules or Work in progress and we shall take all possible steps to comply provided that we can do so within our contractual obligations to media and suppliers. In the event of any cancellation or amendment it will be necessary for you to reimburse us for any charges or expenses to which we are committed and also to pay our fees covering these items.

4 Charges

4.1 Our fees for the Work will be specified in our Quotation. We reserve the right to increase our rates on notice to you if we incur any increased cost directly associated with the Work which was not anticipated in our Quotation.

4.2 Advertising space will be charged to you at current published rates in effect at the time. We will credit you with any refund received by us in connection with space, time or materials for which you have paid us.

4.3 All activities which are carried out at your request, display material, booklets, brochures and other promotion materials which may be prepared layouts, copy will be charged to you.

5 Payment of Accounts

5.1 We invoice fees either at the completion of each stage of an agreed production schedule or on a monthly basis as advised to you.

5.2 Account invoices are due for payment immediately on delivery. It is important for our continuing good relationship that our payment terms are fully understood.

5.3 Some suppliers require payment in advance, you agree to pay interim invoices in respect of such services immediately on delivery.

5.4 All media invoices will be rendered in the month of publication.

5.5 Any invoice that remains unpaid by the 28th of the month following the due date will have interest at 4% over our bank's base rate added to it from the date of invoice. Interest will continue to be added monthly until the invoice is paid. All other Work in progress will also cease and the Work completed up to date charged to you. We reserve the right to delay the delivery of any of the Work if any interim invoices remain unpaid.

6 Sub-contracted Work and Terms of Business with Suppliers

6.1 We may sub-contract any part or parts of the Work.

6.2 We shall contract with suppliers for certain services and unless otherwise stated, our contracts with the suppliers are made in accordance with their standard conditions. The rights and liabilities between the various suppliers and us under such standard conditions including the terms applying in respect of cancellation of contract with third parties that we have made on your behalf.

7 Copyright

7.1 All ideas, visuals and designs remain copyright of Jumbo Design Solutions (JDS) until final payment.

7.2 If we make a presentation to you any information and ideas which it contains belong exclusively to us and must be treated as confidential information and may not be used or disclosed in any form without our express written permission.

8 Limitation of Company's Liability

8.1 Whilst we shall use all reasonable care and skill to carry out the Work for you JDS shall have no liability to you for consequential loss which you might suffer rising out of or in connection with our services or the finished Work. Our total liability to you for other loss which you might suffer which arises out of this agreement shall not exceed the total charge which we make for the Work.

8.2 We shall not be responsible for errors or omissions in the Work or any part of it after it is approved by you.

8.4 Whilst we can accept no liability for the compliance of the Work with advertising codes and with statutory requirements we ask that in order to satisfy these requirements the client agrees to supply us with objective factual evidence, if so required, in support of any product claims to be made. You will inform us if you consider that any claim made in any copy submitted by us for approval is incorrect or misleading, in relation to his product or service.

9 Insurance

9.1 We will insure your articles, negatives, photography, etc, retained in our hands during the performance of this contract.

You will insure your property and the Work whenever it is in transit between you and us, us and printers, production companies etc and when in the hands of media, printers, production companies etc.

10 Termination

10.1 Our contract may be terminated or suspended at any time by one of us giving the other one month's (or such other period as we have agreed) prior written notice or if there is a breach by either of us of these Terms and Conditions of Business and the party in breach within 14 days of receiving notice from the other party asking them to do so on expiry of such notice.

10.2 Our contract shall terminate immediately if you cease to pay your debts in the ordinary course of business or cannot pay your debts or have a winding up petition issued against you or if you as an individual becomes bankrupt or has a bankruptcy petition issued against you.

10.3 On termination or suspension of our contract we shall immediately cease work and be entitled to require payment (which may be up to the full amount of estimate or quotation given) together with all third party expenses incurred on your behalf during this contract.

10.4 On termination or suspension of our contract if any invoice remains unpaid we shall have the right to retain any of your goods and property which you may have left with us and Work carried out to date and we shall be entitled after 14 days from the date of termination of our agreement to dispose of those goods or property in a way and at a price we then see fit and to us the proceeds towards the amounts owed to us by you.

11 Indemnity

11.1 You shall indemnify us against and in respect of any claims cost and expenses arising out of the completed Work including the alleged infringement of a third party's copyright or other intellectual property rights or in respect of any non-compliance of the completed Work with the British Code of Advertising Practise or Statutory requirements.

11.2 This indemnity shall extend to any additional costs incurred by us as a result of your changing your instructions after approval has been given at any stage in the Production Schedule.

12.1 If due to war, strikes, terrorism, lockouts, accidents, fire, blockage, import or export embargo, ice obstruction, hijack, natural catastrophes or other obstacles over which we have no control, we fail to complete the Work in the manner and within the time required, we shall not be held responsible for any loss or damage which may be incurred by you as a result of such failure.

13 Confidentiality

13.1 We acknowledge a duty not to disclose without permission during or after our term of appointment any confidential information resulting from studies or surveys commissioned and paid for by the client. The client, in turn acknowledges our right to use as we see fit any general marketing or advertising intelligence in the field of the product or service which we have gained in the course of our appointment.

14 Law

14.1 Our contract shall be governed by English Law.