Terms & Conditions
The following terms and conditions refer to Eighty-Nine digital lab and its relationship with its clients and potential clients.
General Terms & Conditions of Business
1.1 Quotes & Prices
1.1.1. All quotes/estimates are valid for 30 days from the date of submission.
1.1.2. Quotes/estimates are based on the information provided by the Client, including but not limited to detail on quantities, structure, scope and functionality. Any quote/estimate may therefore be subject to change should the client’s requirements change at any time.
1.1.3. Any stated timescale is reliant upon the client providing all required information/copy/images within the time set out at project initiation.
1.2.1. Eighty-Nine digital lab reserves the right to sub-contract the fulfilment of an order or any part thereof.
1.2.2. Eighty-Nine digital lab shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any libelous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material supplied by the Client. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
1.3 Invoices & Payment
1.3.1. Payment must be made no more than 15 days after date of invoice unless otherwise agreed in writing in advance.
1.3.2. When payment is overdue, Eighty-Nine digital lab may suspend work, service and/or delivery without notice and without prejudice to any other legal remedy until due payment has been made. Furthermore, any work started but incomplete may be suspended and payment therefore becomes immediately due and payable, notwithstanding anything expressed herein, and any monies in respect of.
1.3.3. Eighty-Nine digital lab may require payment in advance, or a deposit of at least 50% of the quote/estimate total prior to instigating work on an order, particularly but not limited to the following situations: new clients; clients with a poor payment history; large, lengthy or complex projects. Where a deposit is required, the balance shall be due upon completion of the work, unless otherwise agreed in writing in advance.
1.4.1. Proofs, pull samples, specimens, sketches, photographs, links or any representation, whether partial or total, of the finished article in whatever form may be submitted to the Client for approval.
1.4.2. After approval, the Client shall have no claim against Eighty-Nine digital lab for errors in the exemplar as approved by them.
1.5 Force Majeure
1.5.1. Eighty-Nine digital lab shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may by written notice to the Eighty-Nine digital lab elect ‘to terminate the contract and pay for work done and materials used’, but subject thereto shall otherwise accept delivery when available.
1.6 Information Provided by You
1.6.1. You warrant that the name, address and payment information provided when you place your order with the Eighty-Nine digital lab will be correct and you agree to notify the Eighty-Nine digital lab of any changes in the name, address and/or payment details.
1.6.2. You agree that Eighty-Nine digital lab may disclose your name and address where any enquiries are made.
1.6.3. You warrant that you possess the legal right and ability to enter into this Agreement and to use the Eighty-Nine digital lab services in accordance with this Agreement
1.7.1. You shall indemnify us and keep us indemnified and hold us harmless from all liabilities, actions, claims, proceedings, losses, expenses (including reasonable legal costs and expenses), costs and damages, howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement, or arising out of claims based upon or relating to our work for you or any claim brought against us by a third party resulting from the provision of any Services to you and your use of them.
1.7.2. Eighty-Nine digital lab will notify you promptly of any claim for which the Eighty-Nine digital lab seeks specific indemnification at the currently supplied address. Eighty-Nine digital lab will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to the Eighty-Nine digital lab interests, as reasonably determined by the Eighty-Nine digital lab and/or its legal representatives.
1.8 General Terms
1.8.1. All quotes/estimates, briefs and other Client/ Eighty-Nine digital lab documents are commercially confidential and may not be disclosed to third parties without prior written agreement.
1.8.2. Eighty-Nine digital lab reserves the right to revise, alter, modify or amend these terms and conditions, and any of our other policies and agreements at any time and in any manner without prior notification. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions.
1.8.3. This Agreement takes effect on the date on which you order our services. Acceptance of these terms is an absolute condition of the Client requesting work. An order constitutes acceptance of all our Terms and Conditions.
1.9.1. The ownership of the work produced and copyright therein shall remain with the Eighty-Nine digital lab until payment in full has been received for all sums owing. Once payment has been received, ownership and copyright for approved work shall pass to the Client
1.9.2. Eighty-Nine digital lab represents and warrants that the graphic design (logotype, template, design, or other rendering) delivered in final form as approved concept (“Work”) is an original creation, and that Eighty-Nine digital lab has full power to enter into this Agreement.
1.9.3 Eighty-Nine digital lab further represents and warrants that the Work does not knowingly infringe the copyright or property right of another and has not been previously published.
1.9.4. Eighty-Nine digital lab reserves the right to include samples of the Work in their design portfolio, and the right to create derivative works that are substantially dissimilar to the Work and which do not include elements provided by Client.