1.1 The Buyer – means the person or organization who buys or agrees to buy services from the company.
1.2 The company is BMS BRAND SERVICES a division of BMS MARKETING SERVICES LIMITED.
1.3 Conditions – means the terms and conditions of sale set out herein and any special terms and conditions agreed in writing by the company.
1.4 Services – means the Brand services which the buyer agrees to buy from the company.
1.5 Price – means the price for the services exclusive of VAT.
1.6 Order – means an Order for services from the company made pursuant to the signed Contract order form.
2. Application of the Terms and Conditions
The terms and conditions set out herein shall apply to all contracts for the sale of services by the company to the buyer with the exclusion, which placed by the buyer and confirmed accepted by the company. No other terms and conditions shall be binding upon the parties, and this contract embodies the entire understanding of the parties and there are no promises, terms, conditions, obligations, oral or written, expressed or implied, other than those contained herein, or confirmed in writing by the publisher and attached here-to.
2.1 These conditions shall apply to all contracts for the sale of services by the company to the Buyer with the exclusion of all other terms and conditions including any terms or conditions which the buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 The company reserves the right to alter, add and subtract from these terms and conditions at any time. The Terms and Conditions are available to view online at www.bmsmarketingltd.co.uk these Terms and Conditions replace any previously agreed and It is the responsibility of the buyer to make themselves aware of what these are.
2.3 Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless confirmed in writing by the company.
2.4 All orders for services shall be deemed to be an offer by the Buyer to purchase services pursuant to these conditions.
2.5 Signing of the contract order form, receipt of an email to proceed, or pressing submit on an online form shall be deemed conclusive evidence of the Buyer’s acceptance of these terms and conditions.
3.1. The buyers information/data received by the company will only be used for the purpose of providing the buyer services, the company does not pass on client data to third parties.
3.2. The buyers information/data is not kept for any longer than is necessary and ensure that as and when data is no longer needed it is deleted from our records.
4.0. Copyright and intellectual property rights
4.1. All images, logo designs, and examples of work provided on this web site are the copyright of the company and its clients and may not be reproduced in any form without the express permission of the company and its clients.
4.2. All rights reserved.
4.3 All rough designs, concepts and other images produced by the company during the design process remain the ownership of the company and may not be used in any way without permission.
4.4 Design concepts may be purchased from the company by negotiation. If not purchased the company reserve the right to offer those designs to other clients.
4.5 On completion of the contract, the copyright and ownership of any logos, work or services are handed over to the buyer. The company reserves the right to reproduce all logos, work, or any services designed by us in our promotional activities.
4.6 The buyer will be responsible for trademark/copyright of their logo. The buyer will not hold the company responsible for any copyright infringement that occurs after design of the logo in the case the company name is in use. It is the buyers responsibility to research its company name to ensure that the name is not already in use or protected by copyright or trademark laws. Refunds will not be made in the case of possible copyright infringement.
5. The Price and Payment
5.1 The total price shall be the price set out on the order and/or pro-forma invoice. The price is exclusive of VAT which shall be due at the rate ruling on the date of the company’s pro-forma invoice.
5.2 Online payment by credit / debit card is preferred. By this method the company will at no time hold a record of your credit or debit card details.
5.3. The company also accept cheques as payment. Cheques must be for UK Pounds only, made payable to BMS MARKETING SERVICES Ltd and posted to the address shown on our contacts page.
5.4. The company accepts orders from any country in the world. All non UK Pounds payments must be made by credit or debit card.
5.5. Full payment must be made at the time of ordering. The company reserves the right to retain the full fee once the job has begun and design concepts have been shown to the buyer via a password protected web page, or email.
5.5 Where agreed with the company, and after a period of trading history with the company, payment may be made via an initial deposit of 50 per cent, with the remainder of the fee will be due after completion of the work.
5.6 No work will be released to the client until payment is made in full.
5.7 If payment of the contract price is unpaid for after 30 days of the due invoice date, the full amount shall immediately become due and payable, the company reserves the right to charge interest at current Barclays Bank rate on any outstanding balances overdue for payment.
5.8 The right to add to the overdue account the costs incurred by employing an agency or solicitors in recovering that overdue account. On any account not paid within our terms of trading we reserve the right to add to the account any costs incurred by us in instructing an agent or solicitor to act on our behalf in the recovery of the account.
5.9 All payments becoming due and payable are to be made to the principle place of business of the company.
6. Cancellation,Change,Closure or Disposal of Business
6.1 The buyer hereby agrees that this contract cannot be cancelled and in the event of a closure, change of location or change in style or nature of the business this agreement shall still continue and all liabilities hereunder shall accrue to the buyer.
6.2 The buyer hereby agrees that in the event of the disposal of the business the agreement shall continue and the buyer will endeavour to pass on the terms, obligations and liabilities to any purchaser or successor in the title, in the event the buyer does not procure such agreement, the liabilities under this agreement shall continue to accrue to the buyer.
7. The Services.
7.1 The quantity and the description of the services shall be as set out in the Contract Order form and pro-forma invoice.
7.2 The Company warrants that the services will at the time of delivery correspond to the description given by the Company, either verbally or by means order forms, invoices etc.
7.3 The Company shall not be liable for any loss or damage (including but not limited to consequential loss or damage) arising from the use of the services.
7.4 By signing the contract order form, the buyer and The Company shall both be bound these the Terms and Conditions of which are displayed on the companies web site.
7.5. All designs, work, and services will be revised as many times as required for the duration of the contract until the buyer is satisfied with the design and services.
7.6. The packages ‘initial design’ timescale’s are from receipt of funds to release of the initial designs.
7.7. The company will endeavour to offer the service advertised on this site and hope to better the service offered, but it will be clear the final delivery time for each stage of the design job will depend on the buyer’s speedy responses to our designs.
7.8. The output files of the final approved design will be delivered to the client by post on a CD.4.6. The company will not be held responsible for delays caused by emails being directed to the buyers ‘Spam’ folder. All emails sent from the company will come from: @bmsmarketingltd.co.uk — if the buyer uses an anti-spam filter, they are advised to add this domain to their “safe senders”, “white” or equivalent list.
8.1. The contract begins upon receipt of payment by the company. This may include the time required for a cheque to clear at a bank.
8.2. The contract immediately ends upon the buyer receiving the final design files.
8.3. The contract will also end by expiring 12 weeks after the date the contract began, the buyer will be reminded of this if the design process has been left idle by the buyer for an excess of 14 days or if it is within 14 days of reaching the expiry date. No refunds will be given upon expiry of the contract.
8.4. Once the contract has ended, all liabilities for alterations, changes, or errors become the responsibility of the buyer. The company will not be liable for any reprint costs or damages of any kind resulting from any errors. Charges for alterations or changes made after client approval will be made at the discretion of the company and the buyer shall be liable for any charges imposed. It is the buyer’s responsibility to check all spelling.
8.5.The company aim to produce the best possible match in ‘CMYK’ and/or Pantone colours to the ‘RGB’ colours approved by the client on screen. However, as every colour monitor and colour printer creates different colours, different types of paper and card used can change the appearance of a colour and also RGB computer colours tend to be brighter than printed colours, the company can never be 100% sure. The buyer is recommended to ask their printer to provide a colour proof prior to proceeding with a print run as the company will not be held accountable for any colour differences or any charges incurred having a reprint.
8.6 You must be over 18 years of age to order from the company.
8.7. By signing this order form, clicking submit on our online order form, or receipt of an email to proceed, you certify that you accept all these terms and conditions. Your UK statutory rights are not affected.
8.8. The company reserves the right to modify, amend, update and change these Terms and Conditions from time to time with notice via email. You are responsible for regularly viewing these Terms and Conditions and acknowledge and agree that the company shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.
9.1 It is always the policy of the Company to develop and improve its services. The Company, therefore, reserves the right to make any improvements to the designs and specifications of the services.
9.2 Nothing in this Agreement shall confer, nor do the parties intend it to confer, any enforceable right on any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
9.3 This Contract shall be governed by the Laws of England and the parties submit to the exclusive jurisdiction of the English Courts in relation to any dispute hereunder.
9.4 The start date of the contract held between the buyer and the company is when the order form is signed by the buyer.
10. Trade Monopolies
The company retains the right to accept contracts from a similar business trade occupation or profession to that of the buyer.
a) Any notices required to be given, hereunder shall be deemed effectively served if sent through the post, in the case of the buyer to the last known place of business abode or its registered office as a company and in the case of the company to:
BMS BRAND SERVICES.
BMS Marketing Services Ltd,
Unit 31 Moorlands Business Centre,
(b) By interpretation this contract is deemed confirmed at the company’s place of business.