GENERAL STATEMENT

All work is carried out by Stonefern Limited on the understanding that the client has agreed to Stonefern Limited’s Terms and Conditions. Copyright is retained by Stonefern Limited on all design work including words, pictures, ideas, visuals and illustrations (unless specifically released in writing) and after all costs have been settled. If a choice of designs is presented, only one solution is deemed to be given by Stonefern Limited as fulfilling the contract. All other designs remain the property of Stonefern Limited, unless agreed in writing that this arrangement has been changed.

PROJECT ACCEPTANCE

At the time of proposal, Stonefern Limited will provide the customer with a written estimate or quotation. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Stonefern Limited. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Stonefern Limited Terms and Conditions. No work on a project will commence until either document has been received by Stonefern Limited.

ACCEPTANCE OF QUOTATION

The placement of an order for design and/or any other services offered by Stonefern Limited and validated by the customer's signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Stonefern Limited. These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Stonefern Limited reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

RETAINER AGREEMENTS

During a retainer period, Stonefern agrees to provide an agreed amount of studio time on assignments to be determined by the client. This work will be performed at the offices of Stonefern. Work priority and scheduling will be at the discretion of Stonefern. Work will normally occur between the hours of 9 to 5 on weekdays. Payment for these services will be to Stonefern at an agreed rate per month and will be made for the following month no later than the 1st day of each month that the agreement is in force. No invoice will be submitted for payment to be made, receipted invoices will be provided after payment has been received if requested. The client agrees to provide Stonefern with all relevant artwork, fonts, logos, copy, images and cutters required to undertake these design services. Services in addition to the said time per month will be made available by Stonefern at the rate of £350 per day or £70 per hour if less than half a day (4 hrs) and will be billed separately by invoice under Stonefern’s standard terms and conditions and business. Hours cannot be carried over from one monthly period to another. Any additional costs outside of the agreed studio rates are not included in this agreement and will be agreed and invoiced separately under Stonefern’s standards terms and conditions of business. Examples of such expenses are: printing costs, image purchases, font purchases, delivery services, and web hosting. Retainer agreements may be terminated by giving 180 days written notice by either party after an initial period of 6 months. In the event of this termination, Stonefern agrees to use its best endevours to complete any work in progress. Retainer contract are subject to Stonefern's standard terms and conditions of business.

DESIGN AND SUPPLY CHARGES

Charges for design services to be provided by Stonefern Limited, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's signed acceptance of this estimate or quotation, indicating acceptance of Stoneferns Terms & Conditions. All clients are required to pay a (non refundable) 50% deposit of the total quoted costs prior to any work commencing. All print or product supplied by Stonefern for it's clients must be paid for in full prior to those items being ordered (A pro forma invoice will be issued for full payment with immediate effect). Stonefern Design offers no credit of any kind on supplied print or products.

CHARGES FOR OTHER SERVICES

Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

PAYMENTS

The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to Stonefern Limited. Accounts which remain outstanding for 14 DAYS AFTER THE DATE OF INVOICE, will incur an extra charge of 1.5% per day of the outstanding amount. Payments may be made via BACS or cleared cheque, or (for overseas customers only), Pound Sterling International Money Order or previously agreed electronic funds transfer. Publication and/or release of work done by Stonefern Limited on behalf of the client, may not take place before cleared funds have been received. Returned cheques will incur an additional fee of £50 per returned cheque. Stonefern Limited reserves the right to consider an account to be in default in the event of a returned cheque.

DEFAULT ACCOUNTS

An account shall be considered in default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Stonefern Limited shall be considered entitled to remove Stonefern Limited’s and/or the customer's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Stonefern Limited reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

PRINTING, PROOFS AND REPRODUCTION

It is the clients responsibilty to check artwork proofs thoroughly, including all copy, colours, cutter guides, legal and mandatory information, prior to approval. Once artwork has been approved by the client and released by Stonefern, we can no longer take responsibility for any errors or omissions. Please ensure that all fine text and details hold and notify Stonefern immediately if you have any concerns about any artwork. Stonfern takes no responsibility for reproduction quality from 3rd party suppliers. Font Licenses and commerical are effect on all artboards. Reproduction in full or part, of any art board is not allowed without written consent of Stonefern Design Ltd.

COPYRIGHTS AND TRADEMARKS

By supplying text, images and other data to Stonefern Limited for inclusion in the customer's website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by Stonefern Limited on behalf of the customer, will remain the property of Stonefern Limited and/or its suppliers. The customer may request in writing from Stonefern Limited, the necessary permission to use materials (for which Stonefern Limited holds the copyright) in forms other than for which it was originally supplied, and Stonefern Limited may, at its discretion, grant this. Such permission must be obtained in writing before Stonefern will allow any of the aforesaid artwork, images, text, or other data to be used. By supplying images, text, or any other data to Stonefern Limited, the customer grants Stonefern Limited permission to use this material freely in the pursuit of the design. Should Stonefern Limited, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Stonefern Limited to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Stonefern Limited free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

LICENSING

Any design, copywriting, drawing, idea or code created for the customer by Stonefern Limited, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Stonefern Limited and any of its relevant sub-contractors. Any fonts used in desgins provided by Stonefern Limited must be purchased by the clients prior to use in a logo or printed/digital collateral assets (such as, but not limited to - Flyers, stationary, websites, advertising, clothing). All design work- where there is a risk that another party makes a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Stonefern Limited will not be held responsible for any and all damages resulting from such claims. Stonefern Limited is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Stonefern Limited responsible for any such loss or damage.

DATA FORMATS

The client agrees to Stonefern Limited’s definition of acceptable means of supplying data to the company. Text is to be supplied to Stonefern Limited in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail. Images which are supplied in an electronic format, are to be provided in a format as prescribed by Stonefern Limited via CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Stonefern Limited will not be held responsible for any image quality which the client later deems to be unacceptable. Stonefern Limited cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.

DESIGN PROJECT DURATION

Any indication given by Stonefern Limited of a design projects duration is to be considered by the customer to be an estimation. Stonefern Limited cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Stonefern Limited for the initial payment or by date confirmed in writing by Stonefern Limited.

ALTERATIONS

The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The customer also agrees that Stonefern Limited holds no responsibility for any amendments made by any third party, before or after a design is published.

DESIGN PROJECT COMPLETION

Estimated project duration should be deemed to be from the date that cleared funds are received by Stonefern Limited for the initial payment or by date confirmed in writing by Stonefern Limited. Once the agreed content parameters of the approval form have been met the project will be deemed to be completed - Any further revisons or work will be charged under our standard studio rates and terms and conditions of business.

RIGHT OF ACCESS - WEBSITE CONSTRUCTION

The client agrees to allow Stonefern Limited (or any third party working under Stonefern's instruction) all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Stonefern Limited access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.The customer agrees to supply Stonefern Limited with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

WEBSITE DESIGN

Once web design is complete, Stonefern Limited will provide the customer with the opportunity to review the resulting work. Stonefern Limited will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Stonefern Limited by e-mail or fax and confirmed by post. Stonefern Limited will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

HOSTING, DOMAINS AND RANKING

Stonefern Limited does not offer in-house hosting services. Stonefern Limited can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Stonefern Limited may request that clients change the type of hosting account used if that account is deemed by Stonefern Limited to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organisation are the responsibility of the client and Stonefern Limited are not liable for their payment. Stonefern Limited cannot guarantee the availability of any domain name. Where Stonefern Limited is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration. Due to the infinite number of considerations that search engines use when determining a site's ranking, Stonefern Limited cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.

DESIGN CREDITS

The customer agrees to allow Stonefern Limited to place a small credit on printed material, exhibition displays, advertisements and/or a link to Stonefern Limited’s own website on the customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow Stonefern Limited to place websites and other designs, along with a link to the client's site on Stonefern Limited’s own website for demonstration purposes and to use any designs in its own publicity.

RIGHT OF REFUSAL

Stonefern Limited will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Stonefern Limited also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Stonefern Limited does include in all good faith, and subsequently discovers contravenes the relevant advertising standards authorities Terms and Conditions, then the customer is obliged to permit Stonefern Limited to remove the contravention without hindrance, or penalty. Stonefern Limited is to be held in no way responsible for any such data being included.

PROJECT CANCELLATION

Cancellation of orders may be made initially by telephone contact, or e-mail within 30 days of signing the approval form, however, following this, Stonefern Limited will need formal notification in writing to the company's postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Stonefern Limited within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

DATA PROTECTION

Stonefern place paramount importance on customer service and aim to meet your expectations on every occasion. To achieve this we need to keep records of past projects and company account details, both for future use and reference. If you would prefer us not to please write to inform us of your intentions. We have a legal obligation under the Data Protection Act to ensure all information held and processed complies with the principles of the Act. The Act requires all information to be treated in the strictest confidence and to only be used for purposes of which you are aware. We treat all your information (personal of professional) as private and confidential (even when no longer a customer). Nothing about your account, past works, names or addresses will be disclosed to anyone other than in exceptional circumstances permitted by law.

REDISTRIBUTION OR REPRODUCTION

"of any part or all of the contents in any form is prohibited other than the following circumstances:" You may print or download to a local hard disk extracts for your personal and non-commercial use only. Commercial image licences are in effect on this site. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

DISCLAIMER

Stonefern Limited makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Stonefern Limited will not be held responsible for any and all damages resulting from products and/or services it supplies. Stonefern Limited is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take resonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Stonefern Limited responsible for any such loss or damage. Any claim against Stonefern Limited shall be limited to the relevant fee(s) paid by the customer. Stonefern reserves the right to cancel a project if the client changes the agreed scope of the works. Balance payments maybe waived by Stonefern in good will but all deposits are non refundable if more than half of the project scope has been delivered. Stonefern Limited reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Stonefern Limited will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Stonefern Limited and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Stonefern Limited recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

The information contained in this website is for general information purposes only. The information is provided by Stonefern Limited and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Stonefern Limited. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Stonefern Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

STONE FERN LIMITED (06627193) - International House, 142 Cromwell Road, London, England, SW7 4EF