>TERMS AND CONDITIONS OF USE
You are judged to have read and understood these terms and conditions. It is a condition of placing an order that you are bound by these terms. Digitial Ink will not be bound by any conditions imposed by the customer (hereafter referred to as the "buyer" or "customer"), unless agreed in writing and signed by all company directors or partners.
QUOTATIONS Digitial Ink will not be bound by any price quoted on the telephone. A firm quotation in writing or email acknowledged by both parties shall be the only binding form and will be given and deemed valid only after Digitial Ink have received and examined the necessary samples.
ORDERS Any contract made between the Company and the Customer (hereinafter called "the Contract") shall incorporate and be subject to these Conditions; any other terms that the Customer shall seek to incorporate into the Contract are hereby expressly excluded. An order shall be deemed to be accepted by Digitial Ink on receipt of authorisation whether by fax, e-mail, or verbal. No order of the Customer placed with the Company (whether in response to a quotation or not) shall be binding on the Company unless and until it is accepted by the Company in writing by letter or email. The Company is not obliged to accept cancellation of accepted orders and may require payment of a cancellation charge before accepting any cancellation. Specifications and price lists are issued for information purposes only, and do not constitute contractual offers for sale; they are subject to alteration or withdrawal without notice.
PROOFS AND ERRORS An extra charge will be made for major corrections, amendments, and alterations in style or content and for corrected proofs. On request proofs are available for customers’ approval. No responsibility or liability will be accepted by Digitial Ink for: (i) any errors after the proofs have been approved by the customer or (ii) for any material for which the customer has given instructions that allow for artists' license (iii) any errors in spelling or grammar made by our designers where proofs have been submitted to the customer. Any orders taken by telephone will be accepted only at the customer's own risk. Proofs are deemed to have been approved at the point of receipt whether or not a signature has been received. Proofs are not colour calibrated and no responsibility will be accepted for deviations in colour from the proof supplied. Any complaints about services provided or work supplied deemed by the buyer to be the fault of Digitial Ink should be submitted in writing within 5 days of delivery. After this date all goods and/or services will be deemed to be acceptable for use. Any usage of the goods supplied will be deemed as acceptance of the goods. Digitial Ink shall only consider financial recompense upon return of the goods in full, or that part of the supply deemed unacceptable.
LIABILITY Digitial Ink shall not be liable for any indirect or consequential loss or for any loss to the customer arising from third party claims occasioned by any error, failure or delay in completing the order or by delay in delivery, including any alleged loss suffered from cessation of services due to non-payment and/or due to holding pages posted or comments made stating that web or other services have been ceased due to non-payment. Time shall not be of the essence unless otherwise agreed in writing. Where work is defective for any reason, Digitial Ink’s liability (if any) shall be limited to rectifying such defects in so far as Digitial Ink is reasonably able to do so. Invoices must be settled in full before any consideration to disputes or refunds can be given.
UNDER OR OVERSUPPLY The amount of goods delivered shall be that ordered and stated on the Acknowledgement of Order. Digitial Ink reserves the right to supply either under or over the ordered amount by approximately10%. Undersupply shall be subject to a discount based on the proportion supply. Oversupply will not be charged for. When time is at a premium we reserve the right to oversupply to allow for cast-offs. We will usually strip out all bad print, however if we supply faster than our stated turnarounds we may have to leave in cast-offs. In the event of this happening responsibility lies with the client to remove all cast-offs up to the said 10% of the order.
ERRORS AND OMISSIONS Price lists, acknowledgements, invoices and the like are subject to correction for any errors or omissions.
CUSTOMER'S ARTWORK Customer's artwork and any other property supplied to Digitial Ink by or on behalf of a customer will be held and worked upon at the customer's own risk. A charge shall be incurred where Digitial Ink have to adjust artwork not supplied to the guidelines set out by the Company. Any additional work (adding bleeds, relaying artwork, typesetting or downloading fonts, separation etc.) is charged at $120 per hour plus Goods and Services Tax of 10%. Please ensure artwork is print-ready. This will enable us to print your work within the time specified.
MISCELLANEOUS The buyer shall be liable for all legal costs (including attorney and own costs, collection, commission and tracing agents' charges) incurred by the company arising out of any breach of the buyer's part. In the event of any breach on the buyer's part, the company shall be entitled to cancel the contract and to retain all amounts paid without prejudice to its rights to recover damages. No indulgence, leniency or extension of time which the company may grant or show to the buyer shall in any way prejudice the company or preclude the company from exercising any of its rights in the future.
CANCELLATION Subject to the provisions hereof, no contract shall be capable of cancellation.
BEYOND CONTROL Digitial Ink will make every effort to carry out the customer's instruction and the resulting contract but shall be under no liability if unable to carry out any provision of the contract for any reason beyond Digitial Ink’s control (without limiting the foregoing) including inability to secure labour, materials or supplies, breakdown of machinery or malfunctions, or as a result of any Act of God, war, labour dispute, fire, flood, legislation, failure of power supply or any cause beyond Digitial Ink’s control. During the continuance of such contingency the customer may by notice in writing to Digitial Ink elect to terminate the contract and pay for work done up to such notice and for materials used, but subject thereto shall otherwise accept delivery when available.
