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Opal Management provides printing, graphical services, marketing consultation, domains, hosting and e-mail services. Opal Management reserves the right to refuse to offer the service or suspend or cancel any or all services provided when We decide that the service has been used inappropriately or otherwise.
Our business is continually evolving we reserve the right to change our Terms and Conditions when necessary. It is the customer’s responsibility to ensure you are up to date with Terms and Conditions. The change is always reported on the bottom of the web site by the date and time of change.
By using any of the services or products offered by Opal Management you agree to be bound by all the Terms listed here.
TERMS AND CONDITIONS OF SALE OF OPAL MANAGEMENT (the "SUPPLIER")
1. In these Conditions:
"CUSTOMER" means the person firm or company whom requests any of the Services from the SUPPLIER
"CONDITIONS" means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Supplier and the Customer
"CONTRACT" means the contract for any of the Services
"SERVICES" means any design, print service, web service order or any other service provided by the Supplier
"WRITING" includes email, telex, cable, facsimile transmission and comparable means of communication.
2. No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Supplier and the Customer.
3. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, rate card, website information, acceptance of offer, invoice or other document or information issued by the Publisher shall be subject to correction without any liability on the part of the Supplier.
4. The Supplier shall have at its absolute discretion the right to omit, suspend or change the position of any of the Services accepted for service. Furthermore, the Supplier may refuse to publish any of the web Services for any or no reason whatsoever and shall not incur any liability to the Customer by so doing.
5. The Customer shall be solely responsible for ensuring the accuracy of any copy supplied (including any artwork) to the Supplier prior to the print/publishing date. Supplier cannot be held liable for any mistakes or omissions once the proof has been approved. The customer is responsible for checking that all the information in the design and the spelling is correct. Supplier shall not be held liable for any production errors / issues that arise from incorrectly supplied files unless Advanced Artowrk Check is purchased and full check of the files is carried out; or Supplier sets up the files or makes any paid amendments to them.
6. No order which has been accepted by the Supplier may be cancelled or transferred by the Customer except with the agreement in Writing of the Supplier. Orders may be cancelled at Supplier's discetion for a 10% fee of the total job value to cover overheads if the job has not yet been produced but office staff may have already been involved in the order process. Order is defined as any order that is processed on the Supplier's system and has a generated order number.
7. Any design work carried out that has not been paid for in full at the current design rate (£49 per hour) will remain the copyright protected property of the Supplier. Any design work carried out for website that has not been paid for at the full design rate will remain (the design and all its contents), the property of the Supplier and may not be copied or reproduced without written permission by the Supplier. Copying all or part of the design without the permission of the Supplier will be treated as breach of Copyright Laws.
8. All goods and services provided by the Supplier are payable by the Customer in full before any work is carried out.
9. In the event of any cheques, card payments being bounced or rejected, the Customer must make an immediate payment for the due amount. Supplier has the right to suspend any work carried out until the full amount has been paid.
10. The Supplier shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Customer’s obligations in relation to any of the Services, if the delay or failure was due to any cause beyond the Supplier’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Publisher’s reasonable control:
10.1 Act of God, explosion, flood, tempest, fire or accident;
10.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
10.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
10.4 import or export regulations or embargoes;
10.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Publisher or of a third party);
10.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
10.7 power failure or breakdown in machinery (including servers and computer machines) which includes any data loss. Customer is responsible for keeping back up of all the files, including websites, or other content (such as emails) in the event or any failure or breakdown.
10.8 difficulties and delays relating to delivery and logistics.
10.9 Supplier cannot be held liable for delays caused by the courier however, any order with an upgraded service level (Express or SOS) will have the difference between the service levels refunded by means of credit on the account if the job does not leave the factory on time. No compensation will be provided for any courier / logistics delays as they fall beyond the control of the Supplier. No compensation can be provided for orders on Standard service level. Compensation can be limited only to the price of the service level on which the job leaves the factory (most basic sevice level being Standard). Exception to this section would be failure by the courier to collect the item if the collection has been booked and collection date agreed with the carrier.
11.1 This clause applies if:
11.1.1 The Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
11.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
11.1.3 The Customer ceases, or threatens to cease, to carry on business; or
11.1.4 The Supplier reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
11.2 If clause 12.1 applies then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to cancel the Contract without any liability to the Customer, and if any of the Services has been published/printed but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
12. Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
13. No waiver by the Supplier of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
14. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
15. Neither the Supplier nor the Customer shall assign or transfer or purport to assign or transfer the Contract or the benefits thereof to any person without the prior written consent of the other
16. The Customer warrants to the Supplier that:-
17.1 It has the right to publish/print the contents of any of the Services and Customer will bear the responsibility for any copyright material used
17.2 none of the Services contravene any law, regulation or code or practice nor infringe any rights of any third party
17.3 The Services comply with the Advertising Standards Authority’s current code of practice, and/or don’t breach copyright laws
18. The Customer indemnifies the Supplier against all expenses, damages and losses of any kind whatsoever incurred by the Supplier in connection with any claim arising from any of the Services.
19. The Supplier’s liability to the Customer in respect of any breach of the Supplier’s obligations under this Contract shall be limited in total to the price payable by the Customer to the Supplier for the relevant Service. The Supplier shall not be liable for any indirect, special, consequential loss or damage including loss of profits arising from any breach of this Contract.
20. Print products are of a bespoke nature, therefore Customer will not be entitled to cancel the Contract and return any Products ordered without incurring liability for the agreed price for the Products.
20.1 Paper is a natural product and comes from different suppliers, deviations regarding the quality between printed jobs, samples and the individual order may occur and these should display no reason for complaint or liability to the Supplier.
20.2 Unless specified by Supplier, jobs are printed in full colour,4 process colours, and Products might show deviation of colour. This includes machine set ups, stocks used, and any finishing such as coating and lamination
21. Supplier reserve the right to rectify defective work by reprinting and shall not be liable to refund. Print work done by third party without reference to us automatically revokes the right to any remedy by Supplier. Reprint can take approximately 2-6 working days to produce (depending on the product). Supplier reserves the right to refuse reprint or refund and therefore deem to be accepted by the Customer if the following apply/s:
21.1 Customer has used part / all of the product or is not able to return the product in full before replacement
21.2 Product has no clear defect and can still be used by the Customer. This includes any colour deviation but does not have any noticable production issue that would prevent the Customer from using the product.
21.3 Customer has not notified the Supplier within 2 working days of receiving the Product (first day being the next working day from the delivery date) of any clear defects that occurred during production. Eg. product received on monday will have to be reported by Wednesday 5pm; or order received on Friday will have to be reported by Tuesday following week by 5pm.
21.4 Customer has not notified the Supplier same day of any damages or missing items on part of the courier / delivery company
22. Despite meticulous control of the content of our website and emails Supplier will not accept liability for the content of external links. Supplier is not responsible for the content of external websites which are linked to.
23. Payment terms are full payment of the invoice the day it is raised unless credit terms have been agreed by both parties in writing. Unpaid orders will be placed on hold until full payment has been received and reasonable time has been provided for the Supplier to check the funds (ie. checking the bank for manual payments - 1-2 days). Such orders may be delayed to ensure order is paid for in full. Overdue invoices will incur a Late Payment fee, Interest on Commercial Payments and Recovery Costs on late payments detailed below:
a) Late payment fee will be added for each invoice ovedue by more than 30 days with following fees:
Up to £999.99 - £40
£1,000 to £9,999.99 - £70
£10,000 or more - £100
b) Interest on late commercial payments will be charged at 8% plus the Bank of England base rate.
c) Reasonable Recovery costs will be added for all efforts to collect overdue amount from the date invoice is 30 days over terms. Amount charged will be at Supplier's hourly rate (currently stands at £49 per hour) and charged by 15 minute increments. Efforts to collect are defined as phonecalls and email correspondence.
24. The Contract shall be governed by the laws of England and Wales.
Payment and Pricing Policies
Opal Management reserves the right to change prices of products or services at any time, all pricing is guaranteed for the period of prepayment. Payments for graphical products or services are only one off payments. Subscriptions for domains and hosting are for minimum of one year and need to be payed for in full every 365 days, from the date the service was established to date of terminating the hosting service. If you do not wish to continue with our domain or hosting we reserve the right to get at least 4 weeks notice before the end of the subscription. Failure to give us notice will result in renewal of the service and full years' fee will be payable.
Opal Management reserves the right in situations where we don’t receive the payment for the hosting service to be suspended until the payment is processed successfully. The customer is responsible for all the money owed for the services from when the service starts to the time when we receive a written cancellation request. All payment is in UK sterling.
Our accepted payment methods are debit/credit card payments over the phone, BACS and bank transfer.
Opal Management cannot guarantee that a service will be provided until after any received cheque has been cleared if we have a reason to believe it may bounce.
Terms and Conditions Last Updated on 23rd August 2019