The Company: After Hours Creative Limited
The Customer / Client: User or viewer of our website
The term 'Company' or 'us' or 'we' refers to the owner of the website, company registration number is 6857235. The term 'you', 'client' or 'customer' refers to the user or viewer of our website.
1. STANDARD TERMS AND CONDITIONS AND GENERAL TRADING INFORMATION
1.1 These Terms and Conditions apply to all orders and supersede all others. Receipt of acknowledgement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you.
2.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
2.2. We will contact you by email or provide you with information by posting notices on our website.
3.1 When registering on the website you must choose a username and password. You are responsible for all actions taken under your chosen username and password. You will also need to provide us your registered company number. This is to enable us to establish that you are a trading business, additionally it is requested for taxation purposes within the UK.
3.2. By registering on the website, you undertake:
3.2.1. That all the details you provide to us for the purpose of registering on the website and purchasing the products are true, accurate, current and complete in all respects
3.2.2. To notify us immediately of any changes to the information provided on registration or to your personal information
3.2.3. That you are over 18, or if under 18, you have a parent or guardian's permission to register with and purchase the products from this website in conjunction with and under their supervision
3.2.4. To only use the website using your own username and password
3.2.5. To make every effort to keep your password safe
3.2.6. Not to disclose your password to anyone
3.2.7. To change your password immediately upon discovering that it has been compromised
3.2.8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them.
3.3. You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
3.4. We reserve the right to terminate an agreement formed with you, and to suspend or terminate your access to the website immediately and without notice to you if:
3.4.1. You fail to make any payment to us when due
3.4.2. You breach these conditions (repeatedly or otherwise)
3.4.3. You are impersonating any other person or entity
3.4.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
3.4.5. We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the website.
4. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
4.1. To be eligible to purchase the products on this website and lawfully enter into and form contracts with us, you must:
4.1.1. Be 18 years of age or over
4.1.2. Be legally capable of entering into a binding contract
4.1.3. Provide full details of an address in the United Kingdom for delivery of goods and, if purchasing services, an address in the United Kingdom, the European Economic Area (if you reside in the EEA) or designated country of shipping.
4.1.4. If an address is registered to a Post Office box, we will request additional details such as phone number, email and other identifying information for record keeping and delivery reasons.
5. ORDER PROCESS AND FORMATION OF A CONTRACT
5.1. Any order placed by you constitutes an offer to purchase the products from us. All such offers received from you are subject to acceptance by us, and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation. Orders are placed via our internet platform www.afterhourscreativestudio.com
5.2. You shall be responsible for ensuring the accuracy of the details provided by you during the order process, and we will not accept an order unless all details requested from you have been entered correctly.
5.3. We will send a confirmation that we have received your order automatically by email. Orders received after 18:00 hours will be deemed as having been received the following working day.
5.4. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the products ordered by you from the website.
5.5. You will be subject to the version of our policies and Conditions in force at the time that you order the products from us, unless:
5.5.1. Any change to those policies or these Conditions is required to be made by law or governmental authority.
6.1. Charges for services provided by us are defined in the estimate or quotation. Until payment is made or a purchase order is raised by the Client, these prices will remain as estimates and may fluctuate at our discretion.
6.2. Quotations are only valid for 30 days after the initial quote date.
6.3. Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today¹s current costs of production, and in the event of any increase in wages or costs of materials to us occurring after the confirmation of accepted contract, we shall be entitled to charge such increases to you.
6.4. Paid invoices are sent electronically. A hard copy invoice will not be sent unless the Client has specifically requested it and supplied us with a full postal address.
6.5. Payment is due by credit/debit card via BACS or cash and should be remitted to After Hours Creative, Unit 3, Stratton View Business Park, Stratton, Bude, Cornwall, England EX23 9NR. All payments, where possible are to be settled by an online transaction. Account details can be found in the centre of all our Quotations and Invoices.
6.6. Advance payment invoices are to be settled immediately, as no work will be carried out until payment has been received. Please note that stalling on an advance payment could result in a change to timescales set out in the project brief / proposal.
6.7. By accepting these Conditions, you:
6.7.1. Undertake that all the details you provide to us for the purpose of purchasing the products are correct, and that the purchasing method you are using is your own and that there are sufficient funds to cover the cost of the products ordered.
6.7.2. Authorise us to transmit the payment and delivery information provided by you during the order process, (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention.
7.1. Some printed items become subject to VAT, dependent on the contents of the artwork. If you place an order and such a payment applies, VAT will be added to your order. You will be contacted to pay the VAT before delivery will be undertaken.
7.2. If VAT is noticed on your order, after the bill has been paid, you as the customer are liable to pay the VAT in full before receiving your delivery.
After Hours Creative, Unit 3, Stratton View Business Park, Stratton, Bude, Cornwall, England EX23 9NR, Company No: 6857235. Registered in England. VAT No: 977 7806 49
8.1. We reserve the right to alter any details of products advertised without notice and while every effort is made to describe goods accurately in the advertisement, no warranty is given as to accuracy and no responsibility will be accepted for error and any resulting loss.
9.1. Where applicable all prices quoted are subject to VAT at the current rate.
9.2. While we try and ensure that all the information on our website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the website has been incorrectly advertised, we will not be under any obligation to sell or provide those products to you.
9.3. If we discover the error before sending you a confirmation notice, we will at our discretion, either reject your order and notify you of such rejection or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description, but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
10.1. Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery.
10.2. After Hours Creative Ltd. accepts no responsibility for deliveries being missed due to non-payment. It is the customers responsibility to ensure that full payment is made before delivery can take place.
10.3. International transit times are approximate and may be subject to customs clearance. Local country restrictions apply. After Hours Creative Ltd. will not be held responsible for any delay of delivery of the goods with international deliveries.
10.4. After Hours Creative Ltd. cannot be held responsible for any customs and excise charges that may occur from the import or export of your goods.
10.5. Damaged, faulty or wrongly delivered goods
10.5.1. We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, provided that within 3 working days of receiving the goods you return the goods to us and the conditions set out in paragraph 13.5.2. are met. We must also be reasonably satisfied that:
10.5.1.1. the goods have not suffered damage after delivery;
10.5.1.2. the goods have not been misused or used other than in accordance with the instructions; and
10.5.1.3. the problem is not due to normal wear and tear.
10.5.2. In addition to the requirements of paragraph 13.5.1, the goods in terms of which you are claiming a refund must have:
10.5.2.1. been damaged on delivery;
10.5.2.2. been delivered in a faulty condition;
10.5.2.3. have been delivered to you in error.
10.5.3. Alternatively, at your option, instead of a refund (and subject to returning the goods as required under this clause) we will replace the goods with the same or a similar product.
10.5.4. Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return the goods to us.
10.5.5. In order to claim a refund or replacement item, please send us a cancellation notice as soon as you become aware of a problem and no later than 3 working days after receipt or the fault developing by email to [email protected] Your cancellation notice must include your name, address, the name or a description of the goods, a brief description of the problem, fault or damage and your order reference number.
10.5.6. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the goods and other relevant instructions. You must then immediately return the goods to us. We reserve the right, at our option, to collect the goods from you. If we wish to collect the goods we will notify you of when they will be collected by us.
10.5.7. Your Money Back Guarantee/Printing Promise. Once it is established that the faults on the goods that lead to your dissatisfaction were preventable errors generated by our manufacturing process, we will without reserve offer a reprint, so long as the conditions outlined in section 13.5.2 have been met. Errors as a result of faults in the information transmitted to us via the web ordering system or faults with the supplied print files (layout issues, spelling errors, colour inaccuracy etc.) or delays with the delivery schedule will exonerate us and leave the decision to refund or reprint at our discretion.
10.5.8. Given the accepted practice in the print industry and the technical constraints related to our products, our company is not required to ensure delivery of the exact quantity specified on the order. We shall be deemed to have fulfilled our contract by delivery of a quantity within 5% plus or minus of the quantity of printed goods ordered, and you will be charged at the contract rate for the quantity delivered.
11. OVERSEAS ORDERS
11.1. Any orders from the website for delivery outside the United Kingdom they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery (in the case of goods). Please note, that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
11.2. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
11.3. You must comply with all applicable laws and regulations of the country for which the services are destined. We will not be liable for any breach by you of any such laws.
12. QUANTITY VARIATION
12.1. We shall be deemed to have fulfilled our contract by delivery of a quantity within 5% plus or minus of the quantity of printed goods ordered, and you will be charged at the contract rate for the quantity delivered.
13. CANCELLING YOUR CONTRACT AND RETURNS
13.1. Cancelling before receiving a Confirmation Notice
13.1.1. You may cancel your order for the products at any time prior to receiving a confirmation notice from us, so long as you contact us in writing. You can send us a cancellation notice by sending an email to [email protected] Your cancellation notice must include your name, address, the name or a description of the products and your order reference number.
13.2. Cancellation after receiving a confirmation notice
13.2.1. You are entitled to cancel your Contract at any time prior to receiving the goods, as long as you provide us with written notice or, if you have received the goods, at anytime within 7 working days starting from the day after you received the goods. You can send your cancellation notice by email to [email protected] Your cancellation notice must include your name, address, the name or a description of the goods and your order reference number.
13.2.2. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the goods and other relevant instructions. You must then immediately return the goods to us at your own cost and risk. We reserve the right, at our option, to collect the goods from you. If we wish to collect the goods we will notify you of when they will be collected by us. We will charge you for the cost of collecting the goods and will deduct this from any sum owed by us to you.
13.2.3. The goods must be returned to us in the same condition in which you received them until such time as the goods are either collected by us or delivered back to us by you. You must return the goods with its original packaging and the original invoice. You have a legal obligation to take reasonable care of the goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
13.3.1. You are entitled to cancel your Contract and obtain a refund within 7 working days from the date of the confirmation notice. However, you will no longer have a right to cancel if, with your agreement, we have already commenced providing the services to you before this period of time expires. We shall be deemed to have already commenced providing the services, in circumstances where you have already downloaded products or materials that we made available to you, from the website.
13.3.2. You may notify us of your wish to cancel by sending us a cancellation notice to [email protected] Your cancellation notice must include your name, address, the name or a description of the products and your order reference number.
13.3.3 Upon receiving your cancellation notice, we will contact you providing any necessary instructions which you will be required to follow.
13.3.4. As long as you have complied with your obligations under this clause, we will refund the purchase price, but not the cost of delivery (if any) to you by crediting your credit/debit card or making a BACS payment back into your account.
13.4. Exception to the right to cancel
You will not have a right to cancel an order for goods and services purchased from us, in the following situations:
13.4.1. If you expressly agree to us beginning to provide any services before the end of the cancellation period.
13.4.2. The Contract is for goods which are bespoke or have been customized.
13.4.3. The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us.
13.5 After Hours Creative Ltd. may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun. We preserve this right and will exercise it as deemed appropriate by the registered owners of our entity.
13.5.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
13.6 Incorrectly Priced or Described Products
13.6.1. While we endeavour to ensure that all the information on our website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the website has been incorrectly advertised, we will not be under any obligation to sell or provide those products to you.
13.6.2. If we discover the error before sending you a confirmation notice we will at our discretion, either reject your order and notify you of such rejection or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description, but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
13.6.3. If your order is cancelled or rejected and you have already paid for the products, you will receive a full refund in accordance with clause 14.
14.1.1 We reserve the right to rectify defective work by reprinting and shall not be liable to refund.
14.1.2. After Hours Creative Ltd. will credit your account if we deem a refund should be made
14.1.3. If we offer to replace, you must accept such an offer unless you can show clear cause for refusing to do so.
14.1.4. If you do opt to have work re-done by a third party without reference to us, you automatically revoke your right to any remedy from us.
14.1.5. All defective work must be returned to us before replacement, if the subject work is not available we will assume that it has been accepted and no replacement will be provided.
14.1.7. If After Hours Creative offers a refund, which we hold purely at our discretion, despite there being no quality or manufacturing issues, then we reserve the right to use any returned products as samples and for our marketing purposes. Further directions for any return will be furnished by an After Hours Creative team member to the client. The client will be responsible for all costs to return the products to our facility, in the same condition as when we shipped them out. There will also be no reimbursement for shipping, insurance, signatures or the like on any returns made by a client.
14.1.8. Refunds will take 7-10 working days to complete once After Hours Creative Ltd. has agreed to refund. This cannot be completed any faster.
14.1.9. CANCELLATION CHARGES Any costs incurred for work already carried out up to the date of written cancellation will also be charged for and deducted before any refunds are made. If the order has not yet been paid for, then an invoice will be raised for the amount concerned and sent to the responsible party.
15.1 Complaints must be made within 48 hours of receiving your goods. The complaint will be assessed, and if After Hours Creative Ltd. deems it necessary, a reprint may be offered. Any complaints made after 48 hours are automatically void of any offer to reprint and will not be assessed.
15.2 All complaints must be submitted in writing to include your name, address, phone number and order reference number. You may email [email protected] or write to us at After Hours Creative, Unit 3, Stratton View Business Park, Stratton, Bude, Cornwall, England EX23 9NR.
16.1. After Hours Creative Ltd. does not offer sample business cards for potential orders. If a client is interested in a sample of the prospective business cards, then it is recommended that a small run is ordered and paid for in full.
17. QUANTITY CHANGES TO ORDERS
17.1. Any changes in quantity ordered must be made in writing to us prior to commencement of processing. Any increases in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
18. ARTWORK AND PRINTING
18.1. For any orders placed with us, we presume our customer to be the owner of any necessary copyrights relating to documents, images, logos, fonts, which are protected under the intellectual property laws.
18.2. All artwork is printed using CMYK, unless otherwise requested by the customer. Such a request will incur an additional fee.
18.3. All orders are completed solely on the basis of the artwork and information provided to After Hours Creative Ltd. by the customer. Any additional costs that arise due to the inaccuracy of the artwork supplied will be the sole responsibility of the customer.
18.4 Artwork files supplied to us must be in strict accordance with our Artwork File Guidelines as described on the website.
18.5 Our print production is predominantly handled by grouping multiple orders from different customers together onto the same sheet, the customer must accept unreservedly the technical constraints associated with this type of printing:
18.5.1. Trimming tolerances of 1mm
18.5.2. Colour variations
18.5.3. When reprinting jobs even from exactly the same files, we can’t guarantee that the colour rendering will be identical to the previous printed item.
18.6. Production/Finishing techniques
18.6.A. Any media produced with debossing is done at the technician's discretion, as too much of a deboss can cause the foil to bleed around the edges and result in a poor quality finish, so we find a balance between quality of print and the level of deboss.
18.6.B. Professional execution of debossing is done solely by our specially trained technicians. We will not refund, partially refund or offer a reprint if the user isn't satisfied with the overall debossing affect on the ordered media. We reserve this right as experts in our specialty trade.
18.6.C. Foil Edge Gilding entails the process of carefully sanding down the edges of business cards and invitations, then applying foil using a heated roller. The entire process is carried out by hand, which is why edge gilded products have longer production times. Please note that, you will lose around 1mm on each edge of your business cards due to the sanding and gilding process. You accept this restraint when you place an order for foil edge gilding on our products. We will not be liable for any reprints or refunds, since this is part of the production process.
18.6.D. You accept the technical restraints of printing on to different papers and boards. These include but are not limited to ink variation on textured stocks, foil bleed on textured and thick stocks, ink absorption levels varying depending on the type of card stock, foil edge gilding on heavily textured boards, registration tolerances between different processes such as ink printing and foil stamping, bruising and indentation from the application of foil using pressure and heated metal dies and trimming tolerances on thick card stocks.
18.7. We will not be responsible when defects are present on the customers file in relation to trapping, fonts, image conversion, colour calibration etc.
18.8. The customer must be aware that the representation of colour that they see on screen is not a true and accurate representation of what the final printed product will look like. Additionally, desk top printers or copiers will not present an accurate representation of how the final product will look when professionally printed.
18.9. We may make modifications to the supplied file where it does not conform to our technical requirements (bleed, pantone colour conversion, RGB image conversion, etc). Similarly, we reserve the right to refuse any order that does not conform to our Artwork File guidelines.
18.10. We will never be liable in the event that our technical requirements aren’t adhered to.
18.11. We recommend that to mitigate against these risks our clients request a GMG proof digital proof. This will give a fair representation of how the final product will look in advance of full production and will highlight any of the potential issues raised above. This proof may be ordered on the website for £8 +VAT.
18.12 We will make corrections on any supplied files at a rate of £85.00 per hour +VAT.
19.1. Please note that the colour of the printed item will be affected by the type of material chosen for the artwork to be printed on, as well as any applied lamination. After Hours Creative Ltd. will not accept liability or responsibility for any variations in colour or any other defects or irregularities as a result of this.
19.2. Proofs are supplied as standard. Proofs are electronically sent to the person ordering for full review.
19.3. If while performing a standard or advanced (proofing) check, After Hours Creative Ltd. discovers that the Artwork provided by the customer is defective or incorrect, After Hours Creative Ltd. will notify the customer. It is the customer's responsibility to either provide the corrected artwork, or give permission for After Hours Creative Ltd. to the make the necessary changes (charges will be applicable). If the customer chooses to proceed without making the advised corrections, then they do so at their own risk. We will not be held responsible for any mistakes, viewing, spelling, punctuation, contact details or layout.
19.4. Please check proofs thoroughly as once passed, all proofs are deemed correct and ready to go print and the responsibility passes to the customer. You will need to view all proofs at 100% to see the exact size of your product when printed. We will not commence print until we have received a copy of the final proof with a written confirmation to go to print, via email message.
19.5. Final proofs must be signed off by the customer in writing, and the sign off email received by After Hours Creative Ltd. Art Department before 5:00PM, GMT, on the day that the proof was sent, in order to receive the prints for the estimated turnaround time.
20. LIABILITY AND INDEMNITY
20.1. Notwithstanding any other provision in the conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
20.1.1. Death or personal injury resulting from our negligence
20.1.2. Fraud or fraudulent misrepresentation
20.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
20.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
20.2. The website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these conditions or required by law) in relation to the information, materials, content or services found or offered on the website for any particular purpose or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
20.3. We will not be liable if the website is unavailable at any time.
20.4. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the website or that it will be timely or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs.
20.5. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the website.
20.6. We cannot guarantee and cannot be responsible for the security or privacy of the website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the website or you downloading any material posted or sold on the website or from any website linked to it.
20.7. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time, but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
20.8. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
20.8.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
20.8.2. any loss of goodwill or reputation; or
20.8.3. any special or indirect losses; or
20.8.4. any loss of data; or
20.8.5. wasted management or office time; or
20.8.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these conditions and/or the Contract and/or the use of this website or any aspect related to your purchase of the products even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 20.8.1 to 20.8.6, is strictly limited to the purchase price of the products you purchased.
20.9. You agree to fully indemnify, defend and hold us and our directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these conditions by you, or any other liabilities arising out of your use of this website or any other person accessing the website using your personal information with your authority.
20.10. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
21.1. You acknowledge that any review, feedback or rating which you leave may be published by us on the website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
21.2. You undertake that any review, feedback or rating that you write shall:
21.2.1. Comply with applicable law in the UK and the law in any country from which they are posted.
21.2.2. Be factually accurate
21,2.3. Contain genuinely held opinions (where applicable)
21.2.4. Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
21.2.5. Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
21.2.6. Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party.
21.2.7. Not be used to impersonate any person, or to misrepresent your identity.
21.3. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
21.4. You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
21.5. We reserve the right to publish, edit or remove any reviews without notifying you.
22. FORCE MAJEURE
22.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure'), which, without limitation, include:
22.1.1. Strikes, lock-outs or other industrial action
22.1.2. Shortages of labour, fuel, power, raw materials
22.1.3. Late, defective performance or non-performance by suppliers
22.1.4. Private or public telecommunication, computer network failures or breakdown of equipment
22.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
22.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
22.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
22.1.8. Acts, decrees, legislation, regulations or restrictions of any government
22.1.9. Other causes, beyond our reasonable control
22.2. Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
22.3. Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
24. ON HOLD
24.1. If we have not been notified after 14 days, a 5% charge of the total value of the original order will be made plus a £10.00 administration fee.
24.2. We reserve the right to throw away your job after 30 days of ordering. Please note, you will still be liable to pay the full charge of the total value unless the job is cancelled within the 30 days to which the cancellation charges will apply.
25. THIRD PARTY RIGHTS
25.1. Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
26. EXTERNAL LINKS
26.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
26.1.1. The privacy practices of such websites.
26.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
26.1.3. The use which others make of these websites; or
26.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.
27. LINKING TO THE WEBSITE
27.1. You must not create a link to the website from another website, document or any other source without first obtaining our prior written consent.
27.2. Any agreed link must be:
27.2.1. To the website's homepage
27.2.2. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted.
27.2.3. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it.
27.2.4. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists.
27.3. We have no obligation to inform you if the address of the website home page changes, and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
27.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice, you must immediately remove the link and inform us once this has been done.
28.1. All notices given by you to us must be given to us at After Hours Creative, Unit 3, Stratton View Business Park, Stratton, Bude, Cornwall, England EX23 9NR or by using [email protected]
28.2. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
29. ENTIRE AGREEMENT
29.1. The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
29.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
29.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these conditions.
30.1. We reserve the right to change the domain address of this website and any services, products, product prices, product specifications and availability at any time.
30.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.
30.3. Every effort is made to keep information regarding stock availability on the website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
30.4. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
30.5. All Contracts are concluded and available in English only.
30.6. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
30.7. A waiver by us of any default shall not constitute a waiver of any subsequent default.
30.8. No waiver by us of any of these conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 2.
30.9. Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
31.1. Reseller acknowledges and agrees that After Hour Creative Ltd. own the copyright in such materials and reserves all copyright therein.
31.2. After Hours Creative Ltd. reserves the right, in its sole discretion and without incurring any liability to Reseller, to update, replace, discontinue, modify or alter the specifications for and functionality of the products or the online service from time to time.
31.3. Reseller may use these materials to market and promote the products under the terms and conditions of this agreement. These materials shall not be reproduced, modified, distributed or otherwise used in whole or in part in any manner without the prior written consent of After Hours Creative Ltd. Reseller must be able to evidence, if requested the use of After Hours Creative Ltd. services within no more than four months either side of date of download.
31.4. Reseller may not use these materials to market and promote services that differ from those provided by After Hours Creative Ltd.
31.5. Subject to the terms and conditions of this agreement, After Hours Creative Ltd. hereby grants Reseller and its authorised users a license to the products as set forth in the T&C’s; provided that Reseller’s license shall apply only to its internal use in production in Reseller’s support centre and for demonstration of the products’ to prospective users and not for any other purpose, including providing managed services.
31.6. Product images may not be linked to or appear on web pages or other media containing inappropriate material such as, but not limited to, material that is obscene including (child pornography), sexually explicit, defamatory, libellous, threatening, abusive, hateful, excessively violent, racially offensive or that After Hours Creative Ltd. otherwise deems harmful or offensive.
31.7. By using these images, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to download and use these images.
31.8. Upon termination of this agreement and as directed by After Hours Creative Ltd., Reseller shall: remove all copies of the above materials provided by After Hours Creative Ltd. and provide evidence to confirm within 3 business days.
32. ENTIRE AGREEMENT
32.1. The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
32.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
32.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these conditions.
33.1. The website is controlled and operated in the United Kingdom.
33.2. Every purchase you make shall be deemed performed in England and Wales.
33.3. The conditions and any Contract brought into being as a result of usage of this website will be governed by the laws of England and Wales, and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
VAT registration Number 977 7806 49
Company Registration Number 6857235