Scope
These terms apply to the supply of all products and services by Blush, unless we otherwise agree in writing.
Agency
We accept orders and instructions only on the basis that those instructing us do so as principals and are liable directly to us for payment of our account.
Adequacy of instructions
We provide services only on the basis that those instructing us give us all proper, necessary and timely instructions, authority and information (including the execution of all documents required) to enable us to undertake lawfully and effectively the business instructed, and that those instructing us indemnify us accordingly.
Copyright and publication
We accept material for printing and/or publication on the basis that those submitting the material are responsible for ensuring it is free from defamatory matter and does not infringe copyright or any other third party rights, and that those instructing us indemnify us accordingly.
Third party reliance
Our services are provided solely for the use of our client and that client’s own client on whose behalf the work has been commissioned and shall not be used or relied upon by any other third party.
Delivery of products and services
Products are delivered using first class post or email (as appropriate), unless otherwise stated. Where you request an alternative method of delivery, you must meet those costs. Services are provided using reasonable skill and care.
The description and price of goods and services and delivery details will be provided in the confirmation of order and/or invoice dispatched with the product or service. Products and services will be provided in accordance with the timescales set out in the Consumer Protection (Distance Selling) Regulations 2000 unless otherwise agreed with you.
Proofs
We will accept no responsibility for any errors in proofs that have been approved by the client.
Claims
Claims for damage, shortage, defect or non delivery of goods must be made within seven days of receipt of invoice and we will not be liable for any such complaint made after this time.
Payment
New clients are required to pay 50% upfront payment of the agreed quote prior to commencing design work. For existing client we may require payment in advance before providing any goods or services. Our credit terms state that our invoices are due for payment 21 days from their sent date. We reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
Non-completion of services
Where you instruct us to undertake any service, you will be responsible for our costs in providing that service whether or not it proceeds to its conclusion.
Liability
We accept no liability for loss or damage (direct, indirect or consequential) including all loss of profit or business arising out of any single claim, event, or series of related claims or events (including claims based on negligence).
Compatibility
We try to ensure that any websites we produce will function correctly on the server they are initially installed on and that they will function correctly when viewed with the latest versions of Microsoft Internet Explorer and Mozilla Firefox. Due to the large number of possible operating system and browser combinations we cannot guarantee our websites will function correctly on all other systems.
Due diligence
In certain circumstances we are required by law to collect evidence of identity from our clients. If you fail to supply any due diligence which we request we will be unable to provide services to you.
Customer services
If you are unhappy with any aspect of our service, please contact a member of the Blush team. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
Quotations and costs
Our quotes are valid for 60 days. Any advance payments are due immediately, with the remainder due within 30 days or on project completion for any other work. Our costs exclude VAT and any outside costs incurred (for example: travel, photography, copywriting, stock imagery, delivery, couriers and other reasonable expenses).
We will provide you with estimated timescale for progress and completion of work and will use reasonable endeavours to meet those timescales (as long as you perform your obligations promptly). Any quoted dates or times are our best estimates only and we cannot guarantee that they will be met.
Use of third party contractors
We may, as your agent, directly or through an intermediary ask another contractor (“Third Party Contractor”) to carry out some or all of any work, which you instruct us to carry out for you. We shall pay the charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will take all reasonable care in selecting and instructing a Third Party Contractor. However, we have no control over the activities of a Third Party Contractor and therefore accept no responsibility for the services provided to you by that Third Party Contractor or for any errors or omissions in its work or products.
Use of work for self-promotion
We reserve the right to use any work we produce for the purpose of self-promotion.
Changes to terms and conditions
We reserve the right to make changes to these terms and conditions from time to time.
Jurisdiction
Contracts between us will be concluded in the English language and our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.