Terms

These terms and conditions (“the Terms”) govern every contract made between Studio 33 Post Limited (“33 Post”) for the supply of goods and services by the Director of 33 Post to any person, firm or company (“the Client”).

The Terms prevail over any written terms and conditions of the client.

Any variation to the Terms must be agreed in writing by a Director of 33 Post.

All contracts between 33 Post and the Client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.

Orders for work must be given in writing to 33 Post by the Client. The client must give at least one week’s notice prior to the start of a project. If the client needs the work to be completed urgently and within the one week notice period, this may be possible but an additional 20% rush fee will be charged.

The client must provide all required brief details and related resources where necessary to ensure fulfilment of the brief. Furthermore, a pre-determined deadline should be established between the Client and the Director to ensure plenty of time for clear communication, production and a high-quality final product.

The client is responsible for full payment of all charges as outlined in this Agreement within 30 days of the invoice date. An 8% monthly finance charge will be applied to any balances unpaid after thirty (30) days. Any queries regarding the invoice must be raised within seven (7) days of receipt. If the contracting party is an agency acting on behalf of a client, the agency accepts full responsibility for payment of the invoice, regardless of whether the agency’s client reimburses the agency for the amount of such invoice.

Projects estimated by 33 Post to be of significant scale will require payment of 50% of the agreed estimate prior to commencement.

33 Post claims no copyright in material submitted to 33 Post by virtue of work undertaken by 33 Post on behalf of the Client.

The Client warrants that the Client owns or controls all rights has obtained all copyright or permissions that as are now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by 33 Post. In addition, The Client agrees that 33 Post has all rights to use the images on necessary platforms, unless otherwise agreed with 33 Post prior to commencement of the project.

Once the client has agreed to start the project, they must provide all details of how they wish the images to be edited in an online document, e.g. Google Sheets on project confirmation. After the first turnaround of images, the client is welcome to provide details of revisions; though, they must agree to hear the Directors’ feedback in regards to how these revisions may affect the work, whether positively or negatively. After this point, any further revisions the client desires will incur an additional fee.

Both parties understand the Client or the Director may cancel the project if the working relationship is deemed unsatisfactory. The client is responsible for all expenses incurred and agrees to pay for any work done based on the percentage of the project completed. If a project is cancelled at completion, the client agrees to pay the Director the full fee and waives all rights to any designs or artworks produced.

33 Post will only archive completed digital images if requested by the Client in writing. It is the responsibility of the client to ensure they have copies of the finished images. There will be a charge for retrieving files from the digital archive. 33 Post claims no responsibility for ensuring the digital archive is secure and does not guarantee the safe storage of images.

Client shall not assign any of its rights or obligations under this agreement without the written consent of the Director. Director will not consent to such transfer or assignment unless the assignee or transferee agrees in writing to be bound by all terms of this Agreement.

33 Post will not be in default of this agreement if a delay or failure to perform results from an occurrence beyond 33 Post’s reasonable control and without 33 Post’s fault or gross negligence.

This Agreement constitutes the entire understanding and agreement between 33 Post and Client regarding the image or service commissioned by Client. This agreement supersedes any prior written or verbal representations and agreements between Client and 33 Post. No waiver or modification may be made to this Agreement unless in writing and signed by both Client and 33 Post.