Terms & Conditions
For clarity, certain words and expressions are given specific meanings.
- ‘These terms’ means these standard terms of sale.
- ‘October’ means the limited company trading under that name.
- ‘The Customer’ means the individual, firm or company with whom October has contracted to provide its ‘Products’, ‘Art’ or ‘Design services’.
- ‘Extras’ means items such as commissioned art and/or graphic materials, photography, printing etc, which October may agree to acquire on the Customer’s behalf from third parties.
- ‘The Contract’ means the particular contract which has been entered into between October and the Customer.
EFFECTS OF THESE TERMS
These terms will govern the entire contractual relationship between October and the Customer and can only be varied by express written agreement signed by both parties. These terms will prevail over any terms or conditions of supply or other contractual provisions which the Customer may seek to impose.
- October calculates its charges by estimating time (by hourly and daily rates) that will be spent on the Customer’s work. Current hourly and daily rates will be provided at time of quotation. The price of our Products and Art will be as quoted on our site, and subject to change at our discretion without prior notice.
- Quotations provided by October will be valid for thirty days from the date of issue.
- October reserves the right to vary any quotation in order to take account of any change in the Customer’s requirements. The Customer will be notified in advance of any increase in costs.
- All prices quoted for Extras are to be regarded as initial estimates only and will be adjusted once the actual cost is known. Once a concept has been established, October will, at the Customer’s request, produce a budget figure for all main Extras.
- Design fees are invoiced either on completion of the Design project or in staged installments, subject to the scale of the project.
- Invoices for work carried out by October will be due for payment thirty days from the date upon which the invoice is issued.
- Value added tax at the current applicable rate will be added to each invoice.
- October will be entitled to charge interest at 2% per month on any overdue account.
- Payment for all Products or Art must be made in advance of despatch by Paypal or bank transfer.
- For commissioned Art, October requires a 50% advance payment and 50% payment on completion. Prices quoted on our site for Products or Art are inclusive of VAT.
- October will remain the owner of the copyright for all design supplied by it to the Customer’s order.
- Any design concepts supplied by October may only be used by the Customer in the context and for the purpose for which the design work has been prepared.
- October reserves the right to charge an additional fee if it agrees to permit its Design work to be utilised in any other context or for any other purpose.
- The Customer’s license to use any Design work provided by October is personal to the Customer and may not be assigned or sub-licensed without the express written consent of October.
The Design contract may only be cancelled by the Customer with the prior written agreement of October and in such event October will have the right to make a cancellation charge based on its current hourly charging rates (of which details will be provided on request).
- While October will use its best endeavours to meet agreed deadlines for delivery, it cannot accept responsibility for delays occasioned by the acts or defaults of third parties or other matters outside its immediate control.
- Where any delay is caused by the Customer, October reserves the right to charge to the Customer any additional costs incurred.
- The Customer will be charged for the delivery of Products, Art and Design items. The delivery charge will be quoted on an indiviual basis as costs will vary subject to location and item.
- It is the Customer’s responsibility to give clear and unambiguous instructions to October in respect of any design concepts required by the Customer and October cannot accept responsibility for any losses suffered by reason of the Customer’s failure to observe this requirement.
- The customer is required to notify October within ten working days if the Customer believes that any design work is not in accordance with the Customer’s instructions and if no such notification is made within this period the customer will be deemed to have acceptedthe work in question.
- If October agrees, at the customer’s request, to make changes to any Design work, then it will be entitled to make an additional charge for such work.
- The Customer does not have the right to cancel the Contract where the Customer has requested October to personalise Art or Products or if the Art or Product is bespoke commission.
- The customer warrants that all necessary permissions have been obtained for the use of any specimen materials supplied by the Customer and that it will indemnify October against any claims and expenses arising out of the use of any such materials.
- October warrants that any design work which it provides (other than that based upon materials supplied by the Customer) will not infringe any existing copyright.
- Where October agrees to order extras from third parties on behalf of the Customer, the Customer will be responsible for paying all costs incurred.
- October cannot accept responsibility for the acts or defaults of any third parties for whom they agree to obtain extras on the Customer’s behalf but, in such circumstances, October will undertake only to use reasonable endeavours to ensure that such third party meets its obligations.
- The contractual arrangements between October and the Customer will be governed by the Law of England and Wales and each party submits to the non-exclusive jurisdiction of the Courts of England and Wales.
- Each party will give the other written notication of any change of address and, in the absence of such notification, the addresses specified in the Contract will be relevant for all purposes.
- Each of these terms is a separate and distinct contractual provisionand will remain unaffected if one or more of the other provisions within these terms is found to be invalid, illegal or unenforceable.
- October may exercise any of the rights which it has under these terms even if it has previously refrained from exercising those rights.