1 Introduction
1.1 These terms and conditions (“the terms”) govern every contract made between Same Page Services for the supply of goods and services to any person, firm or company (“the client”).
1.2 The terms prevail over any written terms and conditions of the client. Any variation to the terms must be agreed in writing by all Directors of Same Page Services.
1.3 All contracts between Same Page Services and the client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
1.4 Same Page Services reserves the right to change these terms and conditions from time to time and a copy of our latest terms and conditions of business will be shown on this page samepageservices.co.uk/terms-conditions
2 Confirmation, Price and Payment
2.1 The client will pay Same Page Services the fixed or retained fee or current price list charge – whichever is agreed at point of order for work to be carried out.
2.2 Invoices from Same Page Services to the client for supply of goods or services should be paid in full on receipt of invoice by the due date stated on the invoice, using the method indicated, unless credit terms have been agreed in writing or are indicated otherwise on the order confirmation or invoice. Payment can be made to Same Page Services by BACS and CHAPS.
2.3 Same Page Services reserves the right to conduct credit searches on any client for the purpose of ascertaining credit worthiness and subsequently reserves the right to refuse credit account facilities.
2.4 Same Page Services reserves the right to invoice any work carried out to date, if feedback is not received within the period of two weeks (14 calendar days) of receipt of any proof by the client.
2.5 Same Page Services reserves the right (without disclosing a reason) to demand payment for work on collection at any time.
2.6 The client must contact Same Page Services concerning queries on an invoice within 14 calendar days of the date of the invoice in writing, otherwise the invoice will be deemed accepted by the client for payment in accordance with these terms.
2.7 The client will pay Same Page Services any expenses incurred by Same Page Services in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
2.8. Same Page Services reserves the right to charge the client interest and administration charges on outstanding credit balances that have fallen outside of standard payment terms agreed, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the Bank of England’s current base rate.
2.9 Working hours agreed with the client includes meetings outside of contracted hours and includes the writing and/or reading of correspondence sent by mail or email.
2.10 An additional fee or hourly rate may be requested if a fast turnaround is required. This will be discussed and approved by the client before any work is undertaken
2.11 Should ongoing project work be suspended or delayed through any default of the Client, Same Page Services shall be entitled to immediate payment for work already carried out and expenses incurred.
2.12 Same Page Services reserves the right not to undertake any further work once an invoice becomes overdue.
2.13 Time is tracked and rounded up to the nearest 15 minutes.
2.14 Subscription packages do not roll over from month to month.
2.15 Any additional hours worked on top of the subscription amount will be billed at the agreed hourly rate.
3 Ordering
3.1 On first order, the client may be required to sign an order confirmation for services provided by Same Page Services, which constitutes acceptance of these terms.
3.2 Notwithstanding clause 3.1, Same Page Services reserves the right to subsequently accept and act upon email or verbal approval from the client to carry out work according to the client’s instruction.
3.3 If Same Page Services accepts a verbal or email order from the client, Same Page Services will not be held responsible for any mistakes (made by either party) arising from that order.
3.4 Same Page Services reserves the right to refuse to accept any order.
4 Estimates
4.1 All estimates given by Same Page Services will be valid for 28 days from the quote date.
4.2 If the clients final order changes from the original specification made for the estimate, Same Page Services reserves the right to vary the estimate and charge accordingly.
4.3 All estimates are exclusive of VAT, chargeable at the prevailing rate at the relevant tax point.
5 Delivery
5.1 Proofing and delivery times quoted to the client are normal target times only and Same Page Services accepts no liability for failure to meet these times, but will use its best endeavours to do so.
6 Uncollected Work
6.1 If any items are supplied to Same Page Services by a client in connection with an order, the items will be stored for 12 months following the completion of a project. If the materials are not collected within this time, Same Page Services reserve the right to dispose of or archive such material without approval from the client.
7 Copyright and Intellectual Property Rights
7.1 Same Page Services claims no copyright in material submitted to them for the purposes of fulfilling the client’s instruction.
7.2 The client warrants that the client owns or controls all rights, has obtained all copyright, or has permissions, consents and waivers that as are now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by Same Page Services.
7.3 The client also warrants that no copyright or moral rights will be infringed by Same Page Services carrying out the requested work.
7.4 The client agrees to indemnify Same Page Services against all losses, damages, claims or expenses, which Same Page Services may incur by virtue of any breach of the above warranties.
7.5 Same Page Services holds intellectual property rights for all work created by Same Page Services and its staff. Intellectual property rights of design and/or ownership of source code on any websites pass in full to the client once the invoice has been paid for in full.
8 Warranty & Liability
8.1 Same Page Services warrants that the services performed under contract shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices. Any claims relating to inadequate service levels by Same Page Services should be received latest in accordance with clause 2.5 of these terms.
8.2 Same Page Services’ liability to the client or any other party for the loss including theft, or destruction or damage to any materials provided by the client which are deposited with Same Page Services for whatever reason;-
8.2.1 Will be limited to the replacement cost of the actual material and;
8.2.2 Will not be liable for any loss or damage to the client or any other party including loss of income and;
8.2.3 It is the client’s responsibility to insure against such loss and damage.
8.3 Same Page Services takes no responsibility for errors identified postproduction including, spelling and grammar, typography, layout, images and address details (including email) and telephone numbers and requires written confirmation from the client that the proof is to their satisfaction prior to proceeding with production of print ready files for the clients use.
8.4 Same Page Services will not be liable for failing to complete any contract between Same Page Services and the client due to circumstances beyond Same Page Services’ control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of God, war, civil disturbance or terrorism.
9 Cancellation of Service Subscription
9.1 Any subscription service that has been opted for by the client shall continue indefinitely. If you wish to cancel at any time, you must give Same Page Services 30 days’ notice in writing and continue your payments up until the expiry of the notice period.