Terms and Conditions

Pricing and Payment
Estimates are based on the current costs of production and, unless otherwise agreed, are subject to amendment (with client notification) on or at any time after acceptance to meet any rise or fall in such costs.

Upon accepting KP Studios Limited to undertake any work (by agreeing to these terms and conditions) you are agreeing to receive an initial invoice of 50% of the FULL invoice price, and payment shall become due within 5 working days of acceptance, failure to adhere to this may encounter termination of any outstanding work without notice, and no further work will be carried out, with any outstanding charges still payable.

On notification from both parties that the work has been completed the client shall accept the remaining fee and payment shall become due within 28 days of invoice, and both parties agree to these terms regardless of invoice recipient’s payment schedule (unless discussed prior).

All quotes and estimates will be not inclusive of any VAT due.

All work carried out, whether experimentally or otherwise, at client’s request shall be charged by the current hourly rate if above and beyond the original brief.

Web pages may on occasion be subject to preliminary work charged separately from the ‘per page’ rate, unless agreed otherwise at the start of a project.

A charge may be made to cover any additional work involved such as where copy supplied is not clear and/or legible or supplied as paper original requiring keyboard input (the client will be informed prior to any cost occurring).

Proofs will be submitted for client’s approval KP Studios Limited shall incur no liability for any errors not corrected by the proofs. Any changes necessitated thereby shall be charged extra at the current hourly rate. When style, type or layout is left to KP Studios Limited’s judgment, changes there for made by the client shall be charged extra at the current hourly rate. It is the client’s prerogative to ensure all work carried out is approved for correct content inc. grammar, spelling, and technical content.

Proofing is available at all stages of pre-press/pre-’going-live’ (web) at the request of the client.

Unless otherwise specified the price quoted is for delivery of the work to the client’s address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address.

Should work be suspended at the request of, or delayed through any instruction of the client for a period of 30 days KP Studios Limited shall be then entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.

If payment is not made within the specified terms of the invoice KP Studios Limited  will exercise its right to claim a daily (or part thereof) charge to cover the overdraft usage fee and all other costs incurred at present set at £5 per day, minimum £25 charge, until either payment is completed and/or invoiced for the said charge. KP Studios Limited may also claim any costs incurred in recovering monies owing.

Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of between 5 per cent and 10 per cent.

KP Studios Limited shall not be liable for any loss to the client arising from delay in transit not caused by KP Studios. Internet designs are completed and published at the risk of the client and the proprietor cannot be held responsible for third party costs incurred by the content of such designs. It is the clients’ responsibility to ensure the contents is in keeping with English laws inc. copyright, criminal law, patents, trademarks and any other authority legislation affected by the content of the web site. KP Studios Limited reserves the right to terminate at any time a contract to design, print, publish any material felt to be in contradiction of any of these laws and recover any costs from the client relating to such matter.

Retainer fee (if applicable)

The scope of any retainer fee programme or project will be agreed between KP Studios Ltd and the Client, prior to commencement of work. The service provided by KP Studios Ltd under the terms of the agreement may not be identical for all Clients, but will normally include the provision of a full design based  programme, covering a proactive programme  of design based projects.

The agreed monthly retainer fee covers all design, project management, administrational and secretarial time provided by KP Studios in the execution of the agreed design based programme.

For retained clients other administrative operational expenses incurred by KP Studios Ltd, such as general postage, mileage for Client update meetings, faxes and telephone calls incurred by KP Studios Ltd will be recharged to the Client.

Retained Client will agree to the use of all service supplied by KP Studios Ltd, anything above and beyond normal service will be charged at a non profit rate.

Where KP Studios Ltd is required to perform specific production tasks outside of this agreed programme, e.g. printing, postage (direct mail), copywriting for literature  etc, detailed quotations will be provided by KP Studios Ltd prior to commencement of work, indicating, where applicable, any ad hoc consultancy fees that will be incurred.

Other, ‘out of pocket’ expenses, such as entertaining clients, travel (e.g. to meetings outside of the local area), subsistence on client business and overnight accommodation, which may be required in the course of work for the client, will be recharged to the client. The client will be pre-advised of any such ‘out of pocket’ expenses.

The retainer fee programme will run from the agreed date of commencement, until terminated by either party. Cancellation terms for termination of the retainer fee programme are two months (from the 1st of the month following notice) in writing from either party. Should the Client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.

Materials supplied by the client

KP Studios Limited may reject any paper, plates, media storage, photographs or other materials supplied or specified by the client which is believed to be unsuitable.

Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by KP Studios Limited in ascertaining the unsuitability of the materials then that amount shall not be charged to the client.

Where materials are so supplied or specified, KP Studios Limited will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.

Insolvency.

If the client ceases to pay their debts in the ordinary course of business or cannot pay their debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, KP Studios Limited without prejudice to other remedies shall

a)    have the right not to proceed further with the contract or any other work for the client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the client, such charge to be an immediate debt due to him.

b)    In respect of all unpaid debts due from the client have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.

Illegal matter

KP Studios Limited will not be required to publish any matter which is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.

KP Studios Limited shall be indemnified by the client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, and design or of any other proprietary or personal rights contained in any material published for the client.

The indemnity shall extend to any amounts paid on any legal advice in settlement of any claim.

It is the responsibility of the client supplying images, text and any other elements forming the final design to ensure they are copyright approved and/or permissions have been granted for their usage if not owned/copy written by the client

KP Studios Limited will not be held responsible for any loss/cost what so ever due to misuse of the above matter.

Force majeure.

KP Studios Limited shall be under no liability if they are unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may by written notice to KP Studios Limited elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

Law.

These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.

Copyright ©

All imagery, designs and/or scripting used on the KP Studios Limited servers or servers contracted by KP Studios Limited remains the intellectual property of KP Studios; therefore it is prohibited and unlawful to…

a)    Copy, adapt, distribute, communicate to the public by electronic transmission (including by broadcasting and in an on demand service). Without informing KP Studios

b)      Rent or lend copies to the public or any other 3rd party within England and the UK without prior written permission of KP Studios Limited.

c)       If material is discovered in use without permission KP Studios Limited will inform the police or the relevant local trading standards department.