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Proclaim marketing | Terms & Conditions
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Terms & Conditions
Proclaim Marketing Limited – Standard Terms and Conditions of Business
 
Proclaim Marketing Limited will provide Goods and Services on the following Terms and Conditions and the provision of all Goods and Services by Proclaim Marketing Limited is upon the understanding that the Client has agreed to these Terms and Conditions:
 
1.Definitions
1.1 'we', 'us' or 'our' is a reference to Proclaim Marketing Limited (‘the Company’)
1.2 ‘you' or 'your' is a reference to the person or organisation to whom we are supplying Goods and/or Services and who is required to pay for the Goods and/or Services we supply (‘the Client’)
1.3 ‘Goods' means the goods we shall supply for you and which you will pay for
1.4 ‘Services’ means the services we shall supply for you and which you will pay for
 
2.Contact Details 
2.1 Our contact details are: Proclaim Marketing Limited, 27 Russell Drive, Nottingham, NG8 2BA
 
3.Placing an Order
3.1 Quotations will be given upon request and will be valid for 30 days, during this period prices for printed goods may be subject to change due to market fluctuations in raw materials
3.2 By placing an order with us you accept these terms and conditions and also confirm that you are 18 years or older and legally able to enter into such a contract, in the case of an organisation, you are confirming that you are authorised by your organisation to enter into such a contract
3.3 General orders may be placed by telephone or email, giving specific details or the Goods and/or Services required, your name, address and delivery address if different, we will send you an invoice and your order will be processed upon receipt of payment
3.4 Payment for general orders should be made by either bank transfer or cheque. If paying by cheque work will not commence until funds are cleared in our bank account. Cheques should be made payable to ‘Proclaim Marketing Ltd’
3.5 Orders may also be placed via our website by clicking the ‘buy it now’ button for the require Goods and/or Services, you will be transferred to our secure payment service provider (Paypal), and your order will be processed upon receipt of payment
 
4.Turnaround Time
4.1 Turnaround time runs from receipt of full payment from you and your formal approval of  any artwork and/or proofs
4.2 Turnaround time will be agreed by us with you before substantive work commences on the production of Goods
4.3 We will not be liable for the extension of a turnaround time due to delay by you in making full payment or giving formal approval to any artwork and/or proofs
4.4 If a turnaround time is extended due to technical or mechanical failure, our liability is limited to cost of the order value of the affected Goods and/or Services and will not include subsequent costs such as loss of profits, business or goodwill
 
5.Artwork
5.1 If you are supplying artwork for print you must supply print-ready PDF's 300 DPI (please refer to our artwork guidelines). Should we have to amend, edited or otherwise alter the artwork you supply to make it ready for use we will notify you in writing and reserve the right to charge our hourly studio fee of £25 per hour, payable upon notification
5.2 You accept liability for the use of any artwork, images and text which you supply and confirm that you own the copyright to them, or that you have the appropriate copyright/trademark permissions to use them
5.3 You accept liability for the quality of any artwork, images and text and their suitability for use
5.4 You are responsible for keeping original copies of your own materials. We expressly exclude all liability for any uploaded material which is lost or damaged during or after the uploading process
5.5 Should we, or you supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, you agree to allow us to remove and/or replace the image, text, audio clip or any other file as necessary
 
6.Graphic Design Services
6.1 Copyright is retained by us on all design Services including words, pictures, ideas, visuals and illustrations unless specifically released by us in writing and after the payment of a release fee by you to us of £200 for design Services up to a value of £1000 and then £100 per thousand thereafter; after all costs have been settled
6.2 If a choice of design is presented, only one is deemed to be given by us as fulfilling the contract. This and all other designs remain our property, unless agreed in writing
6.3 You agree to allow us to place a small credit on printed material exhibition displays, advertisements and/or a link to our website on your website. This will usually be in the form of a small logo or line of text including our telephone number and website address towards the bottom of the page
6.4 You agree to allow us to use any images, designs (to include websites) we have created for you, in our portfolio and marketing materials for the purpose of promoting our services
 
7.Proofing
7.1 You are responsible for checking proofs including spelling, colours, size, design
7.2 You accept that variations in colours are inherent within the printing/design process for files submitted. You also understand and accept that computer hardware set ups are such that we cannot guarantee that the colours will match those displayed on your computer screen
7.3 Before work can commence you must send written approval of a proof either as an email by replying to the sender from Proclaim Marketing Ltd or via a letter to Proclaim Marketing Ltd, 27 Russell Drive, Wollaton, Nottingham, NG8 2BA
7.4 You accept that once you have approved the proof, the Goods cannot be changed or cancelled. We shall have no liability to you for any errors in the proof subsequently discovered by you
 
8.Inappropriate Themes
8.1We do not accept work on gambling or pornographic projects. This includes any projects we consider offensive or in appropriate and we reserve the right to choose which projects we consider to be offence and/or inappropriate
 
9.Delivery 
9.1 It is your responsibility to supply us with a delivery address which can receive deliveries during normal working hours i.e. Monday - Fridays 9am - 5pm excluding bank holidays
9.2 You agree to accept any additional costs incurred due to failure of delivery i.e. redelivery costs
9.3 All Goods will be signed for upon delivery, if anyone other than the intended recipient signs for the Goods and the Goods are subsequently not delivered to the intended recipient we will incur no liability provided that parcel was delivered to the address provided by you
 
10.Quantities 
10.1 We will make all reasonable endeavours to deliver the correct quantity of Goods ordered by you, however you accept that variations in respect of quantities are inherent within the printing industry
10.2 Our liability in respect of shortages are as follows:
Quantities
No Credit Awarded
Refund Calculated Pro-Rata
Missing Items Replaced
25-100
Shortage of up to 5%
Shortage of between 6% to 20% inclusive
Shortage of 21% and over
101-1000
Shortage of up to 5%
Shortage of between 6% to 7% inclusive
Shortage of 8% and over
1001-5000
Shortage of up to 3%
Shortage of between 4% to 7% inclusive
Shortage of 8% and over
5001& over
Shortage of up to 2%
Shortage of between 3% to 4% inclusive
Shortage of 5% and over
11.Claims
11.1 Claims for damage, shortages or non delivery must be advised by phone or email within 10 days from the date that the Goods were dispatched. We are not liable for any claims after this time
 
12.Risk and Title
12.1 Goods will be at your risk from the point of delivery
12.2 Ownership of the Goods will pass to you upon delivery
 
13.Privacy 
13.1 You agree only to provide someone else's personal information if they have given you express consent to use it in respect of the Goods you have ordered
13.2 Personal information is processed and stored in accordance with our Privacy Policy
 
14.Force Majeure
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a Force Majeure event)
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following
14.2.1 Strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event
 
15.Waiver
15.1If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract 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 such obligations
15.2No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing
 
16.Severability 
16.1 If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law
 
17.Third Parties
17.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions
 
18.Law and Jurisdiction 
18.1 This contract shall be governed and construed by the laws of England and you and we agree to submit to the jurisdiction of the courts of England and Wales
 
19.Our Right to Vary Terms and Conditions 
19.1 We have the right to revise and amend these terms and conditions from time to time
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Goods from us

About Us

Started in 2009 we are a Midlands based creative company working throughout the UK. Our focus is to help organisations & enterprises of all shapes and sizes to achieve their goals by improving their marketing. Read More …

Join Us
  • Jobs

We are always on the look out for talent to join our expanding team. If you possess one or more of the skills listed below are enthusiastic, bright and operate with complete integrity then feel free to drop us a line, along with a link to your portfolio by sending an email to hello@proclaimmarketing.com.We are looking for experts in the following areas

  • Graphic design
  • Web design
  • App developers
  • Motion Graphics & Animation
  • Video editing and production

PLEASE NOTE: We only work with UK based individuals.

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