Standard Terms and
Conditions of Business

Platinum Graphics  (PG), Standard Terms and Conditions of Business (Terms), Client (You) All work undertaken by PG is subject to these Terms which the Client is deemed to accept upon instructing PG to undertake work of any nature. Any changes we make to our Terms  in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our Terms. These Terms are effective from 1 January 2018.

1.Definitions

‘Client’ means the person giving instructions to PG. ‘Contract’ or ‘contract/project’ means each and every contract between PG and Client on these Terms as a result of the PG accepting Client’s instructions.

2.Quotations

2.1 Where PG has submitted a quotation to Client this quotation will be open for acceptance for period of time stated in the quotation but PG shall by notice be entitled to withdraw the quotation at any time.
2.2 Certain work is undertaken on the understanding that the quotation provided is an estimate only and that the final amount payable will be calculated upon ascertaining the amount of work involved.

3.Client Approvals

3.1 On Client approval of proofs Client warrants that the written and visual content of the material produced by PG is correct, that it conforms with Client's specification and requirements and that it complies with all relevant legislation and regulations. Client approval of proofs will be PG’s authority to publish or supply finished materials.
3.2  If Client wishes to change, reject, defer, cancel or stop all or any work-in-hand or intended to be put in-hand PG will take all reasonable steps to comply provided it can do so within its contractual obligations to media, suppliers and other third parties. Client shall indemnify PG for all resulting losses, liabilities and claims suffered by PG, pay PG fees and reimburse expenses up to such time.
3.3 Where PG supplies artwork either in digital form or hard copy, it is Client’s responsibility to approve final artwork. PG accepts no liability for errors arising after delivery of artwork to Client or at Client’s instructions after processing by PG.

4.Termination

4.1 Client may, subject to payment of all fees and expenses due or becoming due in respect of work done or committed to be done, terminate the contract/project upon giving the length of notice specified in any special written terms, but not otherwise. If no length of notice is specified in any special written terms the period of notice shall be 30 days.

5.Terms of Payment

5.1 PG will invoice Client monthly or at agreed stages of completion or less frequent intervals as it may decide in respect of all or any work other than Media Services undertaken up to the date of all the invoice and/or in respect of expenses incurred or to be incurred by PG. Payment is due 30 days from the date of the invoice, or as otherwise provided for in these Terms or stated in the invoice or agreed by PG in writing.
5.2 PG will require payment in advance prior to mailing or postage costs for direct mail and PG will not release mailing until payment by client is cleared. Client will pay PG within 7 days of date of invoice for contractual payments made by PG in advance of commencement of work by a supplier unless otherwise agreed.
5.3 Amounts payable by Client will be subject to value added tax at the applicable rate. Client’s responsibility for VAT is not affected by any omission of VAT from a quotation or invoice.
5.4 All accounts remaining unpaid by the due dates will incur a charge to interest at 3% per annum above The Bank of England plc base rate from time to time, accruing daily.   This clause is without prejudice to any other rights and remedies that PG may have.
5.5 A ll payments due to be made in respect of any invoice rendered by PG to Client shall be made without deduction, legal or equitable set off or counterclaim.

6.Confidentiality

6.1 All concepts, ideas, rates, projections and forecasts submitted by PG are of a confidential nature and are submitted to Client on the understanding that they are considered by Client in the strictest confidence and that no use shall be made of the said concepts, ideas, rates, projections and forecasts including communication to a third party, without PG’s express consent.
6.2 PG shall not disclose confidential information supplied by the Client or obtained as a result of PG’s engagement but Client acknowledges PG’s right to use any general information and research which PG has gained during this engagement.

7.Liability

7.1 PG shall not be liable for loss or damage suffered or incurred by Client as a result of any delay or failure in mailing or of reproduction or in meeting targets or start dates of advertising or for errors or otherwise arising out of PG’s performance of any contract/project where it is due to it’s negligence and/or breach of contract/project. PG’s liability for negligence or breach of contract/project in respect of each event or series of connected events shall be limited as follows:
7.1.1 Any loss or damage suffered as a result of any virus or other hostile computer file being emailed to the Client’s computers or computer systems. PG will take necessary measures to ensure files have been virus checked. All contracts/PROJECTS are entered into on the understanding that client has effected insurance against or accepted the risks arising in this sub-clause 7 . 1 . 1
7.1.2 PG shall not in any event be liable for any loss or damage arising as a result of circumstances beyond it’s control (including industrial action)
7.1.3 PG shall not be liable for any loses, liabilities or damages, costs, claims, charges and expenses suffered or incurred by Client as a result of any acts or     omissions of a third party where such third party has been instructed or nominated to act by Client or any other party in connection with the performance of any contract. For the avoidance of doubt it is immaterial whether or not PG has entered into a contract with such nominated third party.
7.2 Where any contract comprises operations such as creative work, printing or mailing, then any failure or delay by PG (whether actual or anticipated) in completing subsequent stages of the Contract shall not affect Client’s liability to pay amounts invoiced for work already completed.

8.Copyright

8.1 PG shall retain the copyright of any material contained in any presentation made in competition with any other consultancy (whether successful or not) or otherwise.
8.2 At termination of this Contract unused or unpublished advertising plans and ideas prepared by PG, whether the subject of copyright or not, shall remain the property of PG and shall not be used by the Client thereafter, regardless of whether or not the physical embodiment of any creative work is in the Client’s possession of any form of copy/artwork.
8.3 PG creates work specifically to a brief from the Client and levies charges accordingly. Where the Client wishes to use work created by PG for purposes not specified within the original brief, or wishes to use work outside the UK where such use was not originally specified, PG can levy additional charges for such usage prior to granting rights to Client for use of such work.
8.4 PG will not knowingly infringe any trademark, patent or other intellectual property rights and accordingly gives no warranty that any material produced does not infringe on any such rights.
8.5 Client will indemnify PG against any liability it may incur as the result of any claims or proceedings brought against it based on material originating from Client or from the use of material by any third party authorised by the Client.
8.6 Client shall inform PG forthwith if it considers any statement in any copy produced by PG is false or misleading. Client agrees to supply PG forthwith when requested by PG with objective evidence in support of any assertations made or intended to be made on Client’s behalf.
8.7 PG will not knowingly infringe on any copy that may be copyright to another company/organisation. It’s the clients responsibility to confirm that they’ve checked and approved the copy. On final sign off of each project the client will indemnify PG against any liability it may incur as the result of any claims or proceedings made.

9.Artwork - Design Files

9.1 PG reserve the right to retain all source files that have been designed/artworked in a design application. Print ready pdf’s can be supplied as outlined in point 10.1.

10.Artwork - Archiving Files

10.1 PG will securly archive artwork for up to 5 years. Clients may request non-editable print ready pdf’s within the period stated. Please note that PG?reserve the right to charge for the time to collate and send requested files that are older than 2 years.

11.Artwork - Files

11.1 PG will retain files/artwork/pdf’s as outlined in point 10.1 but cannot held responsible for files/artwork/pdf’s becoming corrupt after 2 years.

12.Typefaces / Fonts

12.1 PG work with typefaces/fonts that are licensed for individual Client’s. This includes fonts used for a clients logo and those outlined in the Client’s brand guidelines. Client will indemnify PG against any liability it may incur as the result of any claims or proceedings brought against it based on typefaces/fonts originating from the Client or from the use of material by any third party authorised by the Client.

13.Photography

13.1   PG purchase stock images that are licensed for individual clients. Client will indemnify PG against any liability it may incur as the result of any claims or proceedings brought against it based on photographs originating from the Client or from the use of material by any third party authorised by the Client.

14.Data Protection

14.1 Client will comply with the requirements of the Data protection Act 1988 and any statutory modification or re-enactment thereof.
14.2 Client indemnifies PG against any loss or expense that PG may incur from proceedings brought against PG as a result of any failure by Client to comply with Data Protection legislation.

15.Colour

15.1 Please also note that colour may vary between monitors and printers – the colour on the Client’s monitor or printer may not be exactly the same as the colour that is printed. If precise colour-matching is critical to the job, PG recommend a press-printed proof which can be quoted separately. Due to the variety of materials and manufacturing processes utilised by PG and our suppliers, no guarantee can be given to match each printed or supplied product colour exactly. PG will endeavour to match as closely as possible to the colour references required, but cannot be held liable for any variations that may arise.

16.Quality

16.1 If there is a defect with the product, the Client must notify PG within 5 business days of receiving your order. In order for us to replace your order, we will arrange to collect the full order. On assessment if PG are responsible for any errors in print quality, we will organise a reprint.

17.Delivery

17.1 Every effort will be made to ensure projects are delivered on time, but any delivery day or lead time specified is an estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. Delivery is included within the order unless previously outlined. Lead times will be from the date/time we receive final proof approval unless otherwise stated. The risk of the goods shall pass to you on delivery. All goods delivered, remain the property of PG until payment is received in full.

18.Nature of Agreement

18.1 These Terms, together with any quotation, agreed specification and special written terms issued to Client, constitute the whole contract/project between Client
18.2 No variation to these Terms shall be effective unless made in writing and signed by a duly authorised employee of PG.

19.Copyright Disclaimer

19.1 “The client warrants that any artwork, logos, design elements, graphics, text, or other components that has been submitted to PG for printing (the “Materials”) do not infringe on the intellectual property rights, including copyright and trademark rights, of any third party. The client agrees to indemnify PG against any damages, losses and expenses, including legal fees, arising out of or resulting from claims that the Materials infringe on the intellectual property rights of third parties.”

20.Governing Law and Jurisdiction

20.1 These Terms and each Contract shall be governed by and construed in accordance with Scottish and English law. Both parties submit to the exclusive jurisdiction of the Courts of Scotland, England and Wales