‘Bux Create’ is Bux Create Graphic Design and the registered office is at Red Craig Drive, Burghead, IV30 5ZF.
‘The Customer’ is the person or company for whom, or on whose behalf, the work is carried out.
‘The Work’ is the work supplied or carried out by Bux Create pursuant to any contract made under these conditions.
Estimates for design, artwork and printing are strictly subject to sight of final copy, transparencies, diagrams, any other content material and final instructions from the client.
Quotations are fixed for two months from the date of issue. Beyond that period we reserve the right to amend them.
Unless otherwise specified, all quotations submitted are based on reasonable time schedules. In cases where the work is requested on a ‘rush’ or ‘overtime’ basis, any additional costs incurred due to such circumstances, will be reflected in our final invoice.
3. Modifications & Alterations
Modifications and alterations requiring additional work not allowed for in the original quotation may result in supplementary charges. Every effort will be made to intimate and agree these before proceeding.
A reasonable allowance for initial briefing and discussions is made in the quotation. If extra meetings are called, then a supplementary charge may be made.
5. Additional Expenses
All relevant out-of-pocket expenses will be charged extra and will be subject to a small administration charge.
All accounts should be settled within 14 days of the invoice unless otherwise agreed.
If the work extends beyond one month, interim invoices will be issued at the end of each month relating to work done in that month, or on completion of relevant phases of the project. Acceptance of our proposal agrees to any interim invoices being paid within the month they are raised.
All invoices are deemed to be accepted unless notice is received by Bux Create within seven days of receipt of the invoice. Should any invoices not be paid within 30 days, we reserve the right to charge interest at the maximum rate permitted by law.
If we are forced to retain solicitors to collect our invoices, such fees and court costs that may be necessary, as well as any interest rate charges incurred, will become payable.
8. Termination and Cancellation
Premature cancellation of any confirmed order by the customer will entitle us to payment for all services rendered up to and including the date of termination.
Cancelled orders will be refunded at full price less any balance due for work which has already been undertaken. Notice of cancellation of an order must be made in writing within 48 hours of the order being confirmed.
8.1 Website hosting
I purchase website hosting space in advance. The standard contract period is 12 months and I purchase and invoice on the month the 12 month contract is due to run out.
If website hosting is not to be carried forward we must be notified at least 2 months in advance of the renewal period or the invoice raised will be deemed to be payable in full.
Proofs of all work may be submitted for customers’ approval and Bux Create shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customers alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to Bux Create’s judgment, changes there from made by the customer shall be charged extra.
10. Intellectual property rights
Bux Create will be the owner of all intellectual property rights concerning any original work it creates including but not limited to, designs, computer programmes, software and documentation until fully paid. Whole title and interest in any said creations will remain with Bux Create unless Bux Create agree to waive its moral rights, if any, pursuant to sections 77 to 83 inclusive of the Copyright Designs and Patents Act 1988 in favour of the customer.
11. Delivery and Payment
(a) Delivery of work shall be accepted when tendered to the customer and thereupon or, if earlier, on notification that the work has been completed, the risk therein shall pass to the customer and payment shall become due to Bux Create.
(b) Until such time as payment in full is made to Bux Create in accordance with these conditions and title of the work has passed to the customer, the customer shall hold the work as trustee, but not as agent, for Bux Create and shall ensure that the work shall be stored separately from any other property of the customer or from any property belonging to a third party and held by the customer and shall be clearly identifiable as the property of Bux Create. At any time prior to title to the work passing from Bux Create in accordance with these conditions, Bux Create shall be entitled to demand to recover possession of the work or any of it and, for this purpose, shall be entitled to enter upon the customers premises (or any other premises where the work is stored) during normal business hours for the purpose of removing such work from such premises. These conditions constitute an authority for any third party authorised by Bux Create to exercise our rights hereunder. Payments from clients using credit or debit cards will be processed in the same manner as other payments in respect to any disputes or credit notes.
(c) Acceptance of purchase order from Bux Create to their suppliers will be bound by these terms and conditions and agree that no retention of title can be carried forward by a supplier after the goods have been delivered to the agreed delivery date whereupon title transfers exclusively to Bux Create.
12. Design Credits
We reserve the right to claim authorship of all designs for which we have been responsible and to reproduce any works in a reasonable way for our own marketing purposes.
13. Printed Specimens
We are entitled to receive a reasonable number of printed specimens of all designs for our files and for our own promotional purposes.
14. License agreements
Each License granted under this Contract is non-transferable and non-exclusive and the Buyer has no right to grant any sub-license.
(a) Bux Create shall not be liable for any loss, whether direct, indirect, consequential or otherwise, or third party claims occasioned by any failure to complete or delay in completing the contract or failure of or any delay in delivery.
(b) Where any work is defective for any reason, including negligence, Bux Create’s liability (if any) shall be limited to rectifying such defect.
(c) While Bux Create takes every reasonable care to ensure the quality of its software it is impossible to eliminate the risk that computer software may develop faults or viruses or in unforeseen circumstances perform in a manner not anticipated by the Seller of it and Bux Create will not be liable for any loss of business incurred through this process.
If any monies due to Bux Create be overdue or if the customer should enter into a composition or other arrangement with or for the benefit of its creditors or becomes apparently insolvent within the meaning of the Bankruptcy (Scotland) Act 1985 or a petition for bankruptcy order to be made against the customer is presented to a Court or, being a body corporate, a receiver is appointed over the whole or part of the customers property or undertaking or a petition is presented for the making of an administration order or winding up order in respect of the customer or the customer passes a resolution for the winding up of the customer or a proposal is made for the making of a voluntary arrangement in respect of the customer then Bux Create shall, without prejudice to other remedies available to Bux Create (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to Bux Create, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in Bux Create’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 Bux Create thinks fit and apply the proceeds to such debts.
17. Illegal Matter
(a) Bux Create shall not be required to print any matter which in Bux Create’s opinion is or may be of an illegal, defamatory or libelous nature or an infringement of the proprietary or any rights of any third party.
(b) Bux Create shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libelous matter or any infringement of copyright, patent, and design or of any other proprietary or personal rights contained in any materials printed for the customer. The indemnity shall extend to any amounts paid on legal advice in settlement of any claim.
This contract shall be construed according to, and governed by Scottish Law; the parties moreover agree to submit to the exclusive jurisdiction of the Scottish Courts in any dispute or difference of any kind that may arise concerning the contract.
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