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Terms & Conditions

Terms & Conditions

“The Studio” is owned and operated by Alison Design & Marketing Ltd, a company registered in England and Wales (registered number 07316244) whose registered office is at Faveo House, 2 Somerville Court, Aynho Road, Adderbury, Banbury, Oxon OX17 3NS.

“The Client” is any individual or business who has instructed the Studio to undertake any work on their behalf.

  1. Work – All work carried out, whether experimentally or otherwise, at the Client’s request shall be chargeable.
  2. Copy – Where any additional work of whatever nature is necessary as a result of copy supplied by the Client not being clear and/or legible, the Studio shall be entitled to make additional charges on a time and materials basis to cover such additional work.
  3. Proofs – Proofs of all work may be submitted for the Client’s approval and the Studio shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to the Studio’s discretion, any subsequent changes to such style, type or layout required by the Client shall be subject to additional charges on a time and materials basis.
  4. Copyright – (a) Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by the Studio shall vest in and belong to the Studio. The Studio may use any artwork or printing produced by itself for the purposes of promoting itself. The Client shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials (“Materials”) prior to instructing the Studio to reproduce the same. The Client shall indemnify and hold the Studio as its agents and representatives harmless against all claims, demands, actions, cost, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by the Studio infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party. (b) All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, and all source code and all other material content of any website owned, controlled or operated by the Studio and the Studio’s marketing materials are the intellectual property of the Studio or its content providers and as between the Studio and the Client all intellectual property rights (including all copyright) arising out of or connected with such content shall belong to the Studio. No reproduction of any part is allowed without written permission.
  5. Delivery and payment – Turnaround is measured in Working Days, defined as days on which the clearing banks in the City of London are open for normal business. For orders made on a Guaranteed Turnaround service (being orders guaranteed to be ready within a certain period (the “Guaranteed Period”)), delivery (as more particularly described in paragraph 9(b) below) will be made no later than 10pm on the last Working Day of the Guaranteed Period. Should the Studio fail to deliver within the Guaranteed Period (see also paragraph 10 Variations in quantity), a service ‘credit’ will be awarded up to the value of the order in question (redeemable against future orders within six months of issue of the Credit in question) (the “Credit”). The customer will still be obliged to pay in full for the order in respect of which delivery was late, including any of the sums charged specifically for the provision of the Guaranteed Turnaround Service (“the Premium Charges”). Where the late delivery is as the result of the action or inaction of a third party, such as a printer or carrier, the Studio, at their absolute discretion, may elect to extend the Turnaround by one Working Day and the Client shall not be awarded a Credit during this time. In addition:
    1. These services rely on the Client not delaying the process of the order in any way (which delays include but are not limited to the customer not returning proofs by the time specified by the Studio or failing to make payment by the time such payment is due) (a “Customer Delay”). In the event of a Customer Delay the customer shall not be awarded a Credit and the customer shall still be obliged to pay the Premium Charges but the Studio shall not be bound to deliver within the Guaranteed Period.
    2. Delivery of work by the Studio shall be deemed to take place upon collection of the work by the Client (where the Client is obliged to collect the work) or (where the Studio is obliged to deliver the work) actual delivery of the work to the customer by the Studio. Where the Client is obliged to collect the work, Client’s failure to collect the work on the day on which the Studio is contractually obliged to have it ready for collection shall be classed as a Customer Delay. Where the Studio is obliged to deliver the work to the Client but the Client provides the Studio with incomplete or incorrect delivery information or is not available to accept delivery, then provided that the Studio has used reasonable endeavours to deliver the work to the Client, a failed delivery shall be classed as a Customer Delay.
    3. Unless otherwise specified the price quoted is for collection of the work from the Studio at 46 High Street, Eydon, Northamptonshire NN11 3PP United Kingdom. A charge may be made to cover any extra costs involved for delivery to the Client’s specified delivery address.
    4. Should expedited delivery be agreed the Studio shall be entitled to make additional charges on a time and materials basis to cover any overtime or any other additional costs involved, including without limitation, the cost of couriers or special delivery post.
    5. Should work be suspended at the request of or delayed through any default of the Client for a period of 30 days or more the Studio shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs.
    6. Risk of loss or damage to work completed by the Studio shall pass to the Client on delivery. Notwithstanding delivery and the passing of risk in the work to the Client, ownership or and title to the work shall not pass to the Client and shall be retained by the Studio until the Studio has received payment in full in respect of the work.
  6. Claims – Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the Studio and the carrier within three clear days of delivery (or, in the case of non-delivery within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to the Studio and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to the Studio within 28 days of delivery. The Studio shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Client proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
  7. Liability – The Studio gives no warranties or guarantees or makes any representations as to the merchantability or fitness for a particular purpose of any completed work the subject of a Client’s order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. The Studio shall not be liable for any loss arising from delay in transit not caused by the Studio. Further, the Studio shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of the Studio in respect of any and all causes of action arising out of in connection with the Client’s order and the Studio’s performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall (subject to the provisions of paragraph 10) be limited to the sums paid to the Studio by the Client in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.
  8. Client’s property
    1. The Client’s property and all property supplied to the Studio by or on behalf of the Client shall while it is in the possession of the Studio or in transit to or from the Client be deemed to be at the Client’s risk unless otherwise agreed and the Client should insure such property accordingly.
    2. Where a customer fails to collect work within 20 working days from notification to the Client of completion of the work, the Studio shall be entitled, at its discretion, to either store the work until actual delivery or collection is made and charge the customer for the costs (including insurance) of storage or to destroy such work (provided that the Client shall nevertheless remain liable for payment in respect of the relevant order).
  9. Materials supplied by the Client
    1. The Studio may reject any paper, images or other materials supplied or specified by the Client which it considers to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by the Studio in ascertaining the unsuitability of the materials then that amount shall not be charged to the Client.
    2. The Studio shall have no liability in respect of any work being of less than reasonably satisfactory quality as a result of defects in or the unsuitability of materials supplied or specified by the customer.
    3. The Studio shall assume that quantities of materials supplied shall be adequate to cover normal spoilage accordingly if the quantities of materials supplied are not sufficient to cover normal spoilage (“an Insufficient Supply”) then the Studio shall have no liability for any shortfall in quantity to the extent that such shortfall arises as a result of such Insufficient Supply.
  10. Credit terms and payment – For invoices not settled within the agreed credit terms or for payments returned unpaid (such as cheques, credit cards or similar), the Studio reserves the right to charge interest on the overdue debt at 8% above the Bank of England’s base rate (www.bankofengland.co.uk) at the time and an administration fee to cover its debt recovery costs and any other costs relating to the collection of payment.
  11. Insolvency – If the Client ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against it, the Studio without prejudice to other remedies shall:
    1. Have the right not to proceed further with the contract or any other work for the Client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Client, such charge to be an immediate debt due to the Studio, and
    2. In respect of all unpaid debts due from the Client have a general lien on all goods and property in the Studio’s possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as the Studio thinks fit and to apply the proceeds towards such debts.
  12. Illegal matter  –
    1. The Studio shall not be required to print any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights or any third party.
    2. Without prejudice to the copyright section of these Terms and Conditions, the Client shall indemnify and hold the Studio harmless against demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is to produce pursuant to a Client order being or alleged to be defamatory.
  13. Periodical publications – Save in respect of a material breach and/or in the event that a claim arises under any indemnity set out above a contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks’ notice in writing is given in the case of periodicals produced monthly or more frequently or 26 weeks’ notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Without prejudice to the foregoing, the Studio may terminate any such contract forthwith should any sum due thereunder remain unpaid for a period of 7 or more days from its due date.
  14. Data projection – By placing an order with the Studio, the Client consents to its details being used for accounting and marketing purposes. The details will be kept by the Studio even after the Client’s trading relationship with the Studio has terminated. The Studio may use the Client’s personal data to let them know about goods and services similar to the goods or services provided to the Client previously and any other matters that the Studio considers may be of interest to the Client.
  15. Force majeure – The Studio shall be under no liability if it shall be unable to perform any obligation which is owed by it to the Client for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may by written notice to the Studio elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
  16. Variation to Terms and Conditions – These terms and conditions may be amended from time to time. The latest version of these terms and conditions may be accessed via the website.
  17. Law – These terms and conditions and all other express terms and conditions of the contract with the Client shall be governed and construed in accordance with English law. English Courts shall have jurisdiction in relation to any matters arising in connection with any contract between the Studio and the Client into which these terms are incorporated.