Terms and conditions

Any work we carry out for customers is subject to these Terms and Conditions. In certain circumstances these may be supplemented by other Terms and Conditions that we will produce for your agreement before we start doing any work for you. Amongst other things this document contains limits on and exclusions of our liability to you. Please read it carefully. If you have any doubt about what it means please contact us before you ask us to do any work for you. If we do not hear from you within five days of receiving these Terms and Conditions we will assume that you have accepted them.

When we use the word(s):

• ‘You’ and ‘your’ we mean you, the customer.
• ‘We’, ‘our’ and ‘us’ we mean us, Mulberry Design, and that includes our employees, agents and subcontractors.

1. You asking for work to be done

(a) When you want us to do any work for you that request must be
• clear
• in writing either by letter or email and
• you must say which of our services you want.

(b) Any request by you for work to be done can be refused by us for any reason.

(c) Our prices other than where specified are given as estimates of what we expect to charge you; they are not fixed price quotations.

2. Deadlines

(a) You will promptly:
• give us all the information we ask you to provide so that we can progress and/or complete the work for you. If you fail to do that, we can treat the agreement between us as at an end and invoice you for all the work we have done up to that point
• tell us in writing about any material risk associated with any work we agree to do especially when the work involves advising your customer.

(b) We will always try to meet your deadlines when we have agreed in advance that they can be achieved. But, even then, things sometimes happen and those things may result in us missing your deadlines. We do not accept liability for any consequential or other loss arising from a deadline being missed for any reason.

3. Price increases and extra charges

(a) We can increase our charges at any time but will advise you before any change takes place.

(b) If whilst we are doing the work we need to do any work that we think is exceptional or unexpected then we will make an extra charge, but we will tell you in advance how much that is going to be.

4. Keeping things secret

Everything we do for you is treated by us as strictly confidential. There are four circumstances where we can disclose confidential information:
• To enable our employees, agents and subcontractors to do the work for you.
• If a Court tells us we have to.
• If we have to as part of anti-money laundering or anti-terrorism legislation.
• Where you authorise us in writing.

5. Making complaints – when and what happens

(a) If you have any complaint about the way in which the work is being carried out you must tell us in writing no later than 24 hours after the problem first came to your attention and within two weeks of the sign-off of artwork. Otherwise we will not accept it as a valid reason for you not paying any monies due to us.

(b) If we are satisfied that your complaint is justified then we will arrange for the work to be repeated at no additional cost to you.

6. When you have to pay us

The whole amount of our invoiced price is payable from the date of issue of the invoice.

7. What happens if you don’t pay us on time

If you do not pay us what you owe us within 28 days of invoice issue we may at our discretion:

(a) Charge you interest at 5% each day until we receive cleared funds from you.

(b) Charge you any bank charges we have to pay if your cheque does not clear.

(c) Charge you any costs we incur in collecting the money you owe us whether those costs are the result of legal action or any other debt collection charges.

(d) End the agreement between us immediately by telling you in writing. You will still owe us any monies due up to that date.

(e) Keep in our possession any papers, documents, reports or other paperwork until we have been paid in full.

8. Our limiting and excluding our liability

(a) If we make a mistake when we are doing the work then we will repeat the work at no cost to you. If that is not possible then our liability for that mistake, in total, is restricted to the amount of money you have paid us for the services we have provided to you.

(b) We do not accept any liability for any indirect, consequential, special or incidental loss or damage suffered by you as a result of a mistake made by us. You must take out your own insurance to cover that type of loss.

(c) We do not guarantee that the work will give you the result you wish to achieve especially (but not solely) where that intended result is objected to or appealed against by a relevant authority including any court of law.

(d) You agree that we can arrange for others to do all or any part of the initial work you send us. We remain responsible for the quality of work of these people.

10. How long this agreement lasts

(a) If the work is a one-off assignment this agreement finishes when it has been completed and you have paid us everything you owe us.

(b) If the work is continuing work this agreement finishes after either of us has given the other three calendar months’ notice in writing saying so and you have paid us everything you owe us.

11. Changes to these Terms and Conditions

We reserve the right to change these Terms and Conditions as frequently as we decide before we agree to do any work for you.

12. Ability to sever and substitute parts of these Terms and Conditions

If any part of these Terms and Conditions becomes invalid, illegal or unenforceable for any reason then it can be severed or removed
• and that will not affect the validity, legality or enforceability of the rest of these Terms and Conditions
• and a valid substitute can be inserted at our option that most closely satisfies the original intention of the severed or removed part.

13. English law applies to this contract

English law applies to these Terms and Conditions and English Courts will have authority to decide on them.

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