Terms & Conditions of Business
1.1 These terms and conditions (“the terms”) govern every contract made between Elan Marketing for the supply of goods and services to any person, firm or company (“the client”).
1.2 The terms prevail over any written terms and conditions of the client. Any variation to the terms must be agreed in writing by a partner of Elan Marketing.
1.3 All contracts between Elan Marketing and the client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
1.4 Elan Marketing reserves the right to change these terms and conditions from time to time and a copy of our latest terms and conditions of business can be downloaded at www.elancm.co.uk/termsandconditionsofbusiness.pdf
2. Confirmation, Price and Payment
2.1 The client will pay Elan Marketing the fixed or retained fee or current price list charge – whichever is agreed at point of order for work to be carried out.
2.2 Invoices from Elan Marketing to the client for supply of goods or services should be paid in full on receipt of invoice by method indicated, unless credit terms have been agreed in writing or are indicated otherwise on the order confirmation or invoice. Payment can be made to Elan Marketing by BACS, CHAPS, cheque or cash.
2.3 Elan Marketing reserves the right to conduct credit searches on any client for the purpose of ascertaining credit worthiness and subsequently reserves the right to refuse credit account facilities.
2.4 Elan Marketing reserves the right to invoice any work carried out to date, if feedback is not received within the period of two weeks (14 calendar days) of receipt of any proof by the client.
2.5 Elan Marketing reserves the right (without disclosing a reason) to demand payment for work on collection at any time.
2.6 The client must contact Elan Marketing concerning queries on an invoice within 10 calendar days of the date of the invoice in writing, otherwise the invoice will be deemed accepted by the client for payment in accordance with these terms.
2.7 The client will pay Elan Marketing any expenses incurred by Elan Marketing in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
2.8. Elan Marketing reserves the right to charge the client interest and administration charges on outstanding credit balances that have fallen outside of standard payment terms agreed, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the Bank of England’s current base rate.
3.1 On first order, the client may be required to sign an order confirmation for services provided by Elan Marketing, which constitutes acceptance of these terms.
3.2 Notwithstanding clause 3.1, Elan Marketing reserves the right to subsequently accept and act upon email or verbal approval from the client to carry out work according to the client’s instruction.
3.3 If Elan Marketing accepts a verbal or email order from the client, Elan Marketing will not be held responsible for any mistakes (made by either party) arising from that order.
3.4 Elan Marketing reserves the right to refuse to accept any order.
4.1 All estimates given by Elan Marketing will be valid for 28 days from the date of origination.
4.2 If the clients final order changes from the original specification made for the estimate, Elan Marketing reserves the right to vary the estimate and charge accordingly.
4.3 All estimates are exclusive of VAT, chargeable at the prevailing rate at the relevant tax point.
5.1 Proofing and delivery times quoted to the client are normal target times only and Elan Marketing accepts no liability for failure to meet these times, but will use its best endeavours to do so.
6. Uncollected work
6.1 If any items are supplied to Elan Marketing by a client in connection with an order, are not collected after 12 months of the requested work being completed, Elan Marketing reserve the right to dispose of or archive such material.
7. Copyright and Intellectual Property Rights
7.1 Elan Marketing claims no copyright in material submitted to them for the purposes of fulfilling the client’s instruction.
7.2 The client warrants that the client owns or controls all rights, has obtained all copyright, or has permissions, consents and waivers that as are now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by Elan Marketing.
7.3 The client also warrants that no copyright or moral rights will be infringed by Elan Marketing carrying out the requested work.
7.4 The client agrees to indemnify Elan Marketing against all losses, damages, claims or expenses, which Elan Marketing may incur by virtue of any breach of the above warranties.
7.5 Elan Marketing holds intellectual property rights for all work created by Elan Marketing and its staff. Intellectual property rights of design and/or ownership of source code on any websites pass in full to the client once the invoice has been paid for in full.
8. Warranty & Liability
8.1 Elan Marketing warrants that the services performed under contract shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices. Any claims relating to inadequate service levels by Elan Marketing should be received latest in accordance with clause 2.5 of these terms.
8.2 Elan Marketing’s liability to the client or any other party for the loss including theft, or destruction or damage to any materials provided by the client which are deposited with Elan Marketing for whatever reason;-
8.2.1 Will be limited to the replacement cost of the actual material and;
8.2.2 Will not be liable for any loss or damage to the client or any other party including loss of income and;
8.2.3 It is the client’s responsibility to insure against such loss and damage.
8.3 Elan Marketing takes no responsibility for errors identified post production including, spelling and grammar, typography, layout, images and address details (including email) and telephone numbers and requires written confirmation from the client that the proof is to their satisfaction prior to proceeding with production of print ready files for the clients use.
8.4 Elan Marketing will not be liable for failing to complete any contract between Elan Marketing and the client due to circumstances beyond Elan Marketing’s control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.