Terms and Conditions of business of richardmarkwebb.com

1 General descriptions

1.1 In these Conditions (unless the context otherwise requires) the words ‘accepted’, ‘agreed’ and
‘approved shall (as the case may be) mean accepted, agreed or approved on behalf of
richardmarkwebb.com in writing signed by one of its signatories.
1.2 ‘Publication’ shall mean printed or digital communication
1.3 ‘Company’ shall mean richardmarkwebb
1.4 ‘Contract’ shall mean the contract for the supply of the work by the Company to the customer
and shall include these Conditions save to the extent that any of them conflicts with any
agreed contract terms.
1.5 ‘Contract terms’ shall mean terms of the contract other than those contained in these
1.6 ‘Customer’ shall mean the organisation, person, firm or company contracting to receive the
work from the Company.
1.7 ‘Goods’ shall mean any goods supplied to the customer by the Company pursuant to the terms
of the contract.
1.8 ‘Installment Contract’ shall mean a contract for the Company to supply a specified quantity of
goods delivery of which is to be made and accepted by installments.
1.9 ‘Intellectual property rights’ shall mean copyright and/or letters patent and/or design right.
1.10 ‘Work’ shall mean the services undertaken by the Company for, and goods supplied to the
customer, including (but not limited to) the editorial, photography, design, production,
printing and supply of materials and goods (together with all ancillary services related
thereto). These Terms and Conditions supersede any previous Terms and Conditions
distributed in any form. The Company reserves the right to change any rates and any of the
Terms and Conditions at any time and without prior notice.

2 Orders

2.1 Unless otherwise agreed and save to the extent that any of them conflicts with any agreed
contract terms (in which event the agreed contract terms shall prevail) these Conditions shall
apply to all contracts entered into by the Company to the exclusion of any terms and
conditions contained in a customers order or which are referred to by the customer in
correspondence or negotiations and which conflict with or purport to modify these
2.2 No action by the Company shall constitute an offer capable of acceptance. A contract shall
only be formed as a result of a purchase order or an acceptance letter from the client and
endorsed by the company as in clause 2.1, from the customer (whether or not resulting from
an action by the Company) accepted by the Company. The Company’s acceptance of any
purchase order is subject to the availability of materials and service.
2.3 Acceptance of order shall not be effective until acceptance by the Company. Acceptance by
the Company be it either by notification to the client or by commencing to produce work on
the work ordered by the client. By placing an order with the Company, the Client
acknowledges and is bound by these Terms and Conditions.
2.4 The contract price is based upon material costs at the date of the contract and any increases in
material and labour costs arising after the date of the contract will be charged net as an extra

3 Proofs and creative work

3.1 Proofs (manuscripts, story-boards, wire-frames, visuals etc.) of all work may be submitted for
the customer’s approval and the Company shall incur no liability for any errors not corrected
by the customer in proofs so submitted. Customer’s alterations and additional proofs
necessitated thereby shall be charged extra.
3.2 When style, type or layout is left to the Company’s judgment, changes therefrom made by the
customer shall be charged extra.
3.3 A color proof is used to simulate how the printed or digital work will look. Because of
differences in equipment, paper, inks, and other conditions between colour proofing and
production pressroom operations, a reasonable variation in color between colour proofs and
the completed job is to be expected. When variation of this kind occurs, it will be considered
acceptable performance and the proof becomes part of the contract between the client and the
Company. These proofs may be submitted to the client on paper or as a PDF.
3.4 The customer agrees that changes required over and above the estimated work or required to
be carried out after acceptance of the draft design will be liable to a separate charge. The
customer also agrees that the Company accepts no responsibility for any amendments made
by any third party, before or after a design is published.
3.5 No use shall be made of the Company’s work, except by written permission of the Company
for all use of this work and for any derivation of ideas from it and compensation (if any) to be
determined by the Company.

4 Prices, quotations and estimates

4.1 All prices and charges are based on the Company’s current prices and are subject to alteration
at any time to take account of increased costs or for any other reason. A quotation not
accepted within 30 days may be changed.
4.2 Quotations are based on the accuracy of the specifications provided by the client. The
Company can re-quote a job at time of submission if content, film, digital data, or other input
materials do not conform to the information on which the original quotation was based.
4.3 Prices do not include the cost of delivery (unless otherwise agreed), which will be added at the
appropriate rate prevailing on issue of the Company invoice. In the event that the Company
does not charge Value Added Tax (or any tax replacing the same) to the customer and the
body responsible for implementing or administering such tax rules that such tax is in fact
payable and requires the Company to make payment of the undercharged, then the Company
shall be entitled to invoice the customer for the amount of the undercharged
4.4 The Company reserves the right to charge the customer for any additional costs including
overtime incurred as a result of:
Any request or delay on the part of the customer.
The quality, suitability and legibility of any material or data supplied by the customer.
Any alteration or amendment made by the customer and accepted by the Company to the
specification on which the Company’s action is based
Any correction made by the customer on and after its approval of a proof including alterations
in style
4.5 The Company reserves the right to invoice the customer in respect of any contract as follows
33% of total contract price upon verbal or written agreement to proceed with the Publication
by the Company
33% of contract price upon provision by the Company of editorial content in the case where
the Company provides such content, or for the provision of first proofs in the event that
editorial content is provided by the Client
The balance of the contract price plus any increases, additions or options so specified or
applicable upon delivery of the goods,
It is otherwise agreed all payments shall be made within 14 days from the date of the relevant
Company invoice and this condition is of the essence of the contract failing which the
Company shall have right without prejudice to any other rights to which it may therefore be
4.6 The Company reserves the right to suspend or cancel immediately any contract made with the
Customer in the event of non-payment and to seek legal remedy to recover costs and

5 Payment

5.1 Accounts which remain outstanding for 30 days or more after the date of invoice will incur an
extra charge of 5% per month over the prevailing Barclays Bank plc interest rate or part
thereof of the outstanding amount. Payments may be made by cash, cheque, bank draft or (for
overseas customers), agreed electronic funds transfer.
5.2 Publication and/or release of work done by the Company on behalf of the client, may not take
place before cleared funds have been received. Returned cheques will incur an additional fee
of R600 per returned cheque or electronic payment. The Company reserves the right to
consider an account to be in default in the event of the above

6 Default

6.1 An account shall be considered default if it remains unpaid for 30 days or more from the date
of invoice, or following a returned cheque.
6.2 The Company shall be considered entitled to remove the Customer’s material from any and all
computer systems, display areas or public or private domain, until the amount due has been
fully paid. This includes any and all unpaid monies due for services, including, but not limited
to, hosting, domain registration, search engine submission, design and maintenance, subcontractors,
printers, photographers and libraries. Removal of such materials does not relieve
the customer of its obligation to pay the due amount. Customers whose accounts become
default agree to pay the Company reasonable legal expenses and third party collection agency
fees in the enforcement of these Terms and Conditions

7 Performance and Delivery

7.1 Any time or date given for the delivery of goods or the performance of services shall be
approximate only unless otherwise agreed
7.2 If the Company shall for any reason beyond its reasonable control (including the failure if the
customer to supply material or give such approval or instructions as may be required within a
reasonable time) be prevented from performing its obligations under any contract including
being unable to deliver any goods or perform any services due then the Company shall be
under no liability in respect thereof to the customer and shall be entitled at any time on notice
to the customer to make partial deliveries only or to suspend or cancel the contract without
prejudice in any case to any rights which have already accrued to the Company
7.3 Delivery of goods shall be accepted by the customer upon notification by the Company to the
Customer that they are ready for delivery. The customer shall be responsible for all charges
including insurance and storage charges incurred by the Company through the customers
delay in taking delivery of goods and whilst the Company shall take all reasonable steps to
safeguard such goods and prevent their deterioration until their actual delivery the Company
shall have no liability in respect of their condition and in the event of such deterioration the
customer shall not be entitled to reject such goods on account of their condition
7.4 In the event of any loss or damage in transit, or shortage of delivery or if there are any matters
or thing whereby the goods or services are defective or not in accordance with the contract a
separate notice in writing must be given to the carrier concerned and to the Company and a
complete claim in writing made within 5 days of the date of consignment and the customer
shall be bound to accept and pay for the same accordingly. In the absence of such notice the
goods or services shall be deemed to be in all respects in accordance with the contract, Where
goods are accepted from the carrier concerned without being checked, the delivery book of the
carrier concerned must be signed ‘not examined’.
7.5 The Company reserves the right to deliver the Publication installment, unless a specific
written agreement provides otherwise
7.6 The goods required to fulfill an Installment Contract may be produced in more than one print
run and the Company shall have absolute discretion as to how many copies shall be printed in
each print run in order to satisfy the total amount required,

8 Title and Risk

8.1 Goods shall be at the customers risk immediately on delivery to the customer or into custody
on the customer’s behalf. Title to goods supplied shall not pass to the customer until all
payments due to the Company under the relevant contract have been made in full. The
Company reserves the right to repossess any goods the title to which has not yet passes to the
customer without notice to the customer or liability and without prejudice to any other legal
remedy and the customer hereby grants the Company the right to enter its premises to
repossess such goods accordingly at any time

9 Customer’s Property

9.1 Except in the case of a customer who is not contracting in the course of a business nor holding
himself out as doing so, customers property and all property supplied to the Company by or
on behalf of the customer shall, while it is in the possession of the Company or in transit to or
from the customer, be deemed to be at customers risk unless otherwise agreed and the
customer should insure accordingly

10 Warranties and Liability

10.1 In accordance with the normal practice of the trade of the Company, the Company undertakes
to supply Publications within a margin 10 per cent of the quantity ordered and this margin
shall be charged or allowed for at the rate specified by the Company.
10.2 Where the customer has notified the Company in accordance with condition 7.4 above that the
goods delivered or services performed are defective, deficient or otherwise not in accordance
with the contract and where the Company accepts that this is due to the fault of the Company,
the making good the defective of deficient goods or services for no additional charge so far as
practicable, provided that the goods are placed aside for inspection by the Company’s
representative. Where materials or equipment are supplied or specified by the customer in
connection with the contract, the Company shall be under no liability whatsoever for
imperfect work caused by defects in or unsuitability such materials or equipment.
10.3 It is the client’s responsibility to maintain a copy of any original content provided to the
Company. The Company has the capacity to maintain work electronically for an amount of
time not to exceed ninety (90) days.
10.4 The Company is not responsible for accidental damage to media supplied by the client or for
the accuracy of furnished input or final input. Until client and other provided input can be
evaluated by the Company no claims or promises are made about the Companies’ ability to
work with jobs submitted in an appropriate format, and no liability is assumed for problems
that may arise.
10.5 Defects in quality or dimensions in any delivery or part of the contract shall not be a ground
for cancellation of the remainder of the contract. In the execution of any order involving
clerical, manual typing and key strokes, or computer list processing, the Company will make
every effort to achieve the highest possible standards, but is unable to guarantee total
10.6 Unless otherwise stated, no representation is given as to the specification performance or
otherwise of goods or services to be provided and all conditions and warranties expresses or
implied are exceeded so far as permitted by statue and save as expressly provided in these
conditions or the action. No assurance is given as to the reliability of any information included
in any catalogue or other document (save these Conditions per the Company’s action) none of
which (save as aforesaid) shall form part of the contract.
10.7 Any oral representation or statement made by the Company or its servants or agents are a
statement of opinion only and neither the Company nor its servants nor agents responsible for
the correctness of such opinion. Save in respect of liability for death or personal injury
resulting from negligence the liability of the Company:
Shall be limited in total to the amount of the price or charge payable under any contract in
respect of all claims arising under that contract.
Shall not in any event extend to any defects, which are caused by the circumstances beyond
the reasonable control of the Company.
Shall not in any circumstances extend to any indirect or consequential loss or damage
Shall not in any circumstances extend to errors or statements in proofs which have been
approved by the customer:
Shall not in any circumstances extend to any property of the customer supplied or handed to
the Company by or on behalf of the customer, which shall remain entirely at the customers
10.8 Unless otherwise specifically agreed, the Company shall not be responsible for checking
property or data received from or on behalf of the customer and shall be entitled to assume
that it meets the customers’ requirements in all respects
10.9 Where the Company contracts as principles at law with suppliers and with the media (to
provide advertising) on behalf of customers, the liabilities of the Company to the customer
shall be no greater and its rights against the customer and no less than those which prevail in
the trade and exist between the Company and the various suppliers and media.
10.10 The Company offers no warranties of any kind, express or implied, for any and all products
and/or services that it supplies. The Company will not be held responsible for any and all
damages resulting from products and/or services it supplies. The Company is not responsible
for any loss, or consequential loss of data, or non-delivery of products or services, of whatever
cause. While we take reasonable steps to investigate the materials we recommend, we accept
no responsibility for the performance or quality of materials or any consequential loss arising
from their failure. The customer agrees not to hold the Company responsible for any such loss
or damage. Any claim against the Company be limited to the relevant fee(s) paid by the
customer. The Company reserves the right to use the services of sub-contractors, agents and
suppliers and any work, content, services and usage is bound by their Terms and Conditions.
10.11 The Company will not knowingly perform any actions to contravene these and the client also
agrees to be so bound. The Company’s clients agree to comply with printers and other
outsourced suppliers Terms and Conditions, which include disclaimers for non-completion on
time and the flexibility to supply quantities within 10% of the total ordered. The Company
recommends that if an exact quantity is required, then 10% extra be added to the quantity and
extra time made available should the job be delayed.

11 Copyright

11.1 The copyright in respect of all design work, editorial copy and creative material including
concepts and layouts conceived and or produced by the Company shall be vested in the
Company and the customer may only reproduce such design work, copy and creative material
with the express permission of the Company which shall if given be in writing and signed by
a director of the Company.
11.2 All Artwork, patterns, dies, moulds, metal, film, computer discs and other material used by the
Company in the production of plates, moulds, stereotypes, electrolytes, film setting, negatives,
positives and all other items produced in connection with the contract (including systems and
computer software) shall be and remain its exclusive property and the Company shall be free
to use or dispose of them as it shall see fit.
11.3 No property, title or right whatsoever in the computer programs, systems, lists, schedules,
documents, or other items of whatsoever nature or kind used or developed by the Company in
the preparation and production of mailing lists or mailing lists themselves or used or
developed by the Company in the execution of the customers contract shall pass to or be
acquired by the customer unless specifically otherwise agreed.
11.4 By supplying text, images and other data to the Company for inclusion in the customer’s
website or other medium, the customer declares that it holds the appropriate copyright and/or
trademark permissions. The ownership of such materials will remain with the customer, or
rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed
by the Company on behalf of the customer, will remain the property of the Company and/or
it’s suppliers. The customer may request in writing from The Company the necessary
permission to use materials (for which the Company holds the copyright) in forms other than
for which it was originally supplied, and the Company may, at its discretion, grant this. Such
permission must be obtained in writing before it will allow any of the aforesaid artwork,
images, text, or other data to be used. By supplying images, text, or any other data to The
Company, the customer grants the Company permission to use this material freely in the
pursuit of the design and creation of the Publication. Should The Company, or the customer
supply an image, text, audio clip or any other file for use in a 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, the customer will agree to allow the Company to remove and/or replace the
file on the site or in future printed Publications. The customer agrees to fully indemnify and
hold the Company free from harm in any and all claims resulting from the customer in not
having obtained all the required copyright, and/or any other necessary permissions.
11.5 The customer agrees to allow the Company to place a credit on and/or a link to
richardmarkwebb.com’s own website. In the case of Publications, the company reserves the
right to apply legally required copyright, ISBN and other information, including logos on all
work created for the client. The customer also agrees to allow the Company to place websites
and other designs, along with a link to the client’s site on richardmarkwebb.com’s own
website for demonstration purposes and to use any designs in its own publicity.
11.6 The client warrants that the work does not contain anything that is libelous or scandalous, or
anything that threatens anyone’s right to privacy or other personal or economic rights. The
client will, at the client’s sole expense, promptly and thoroughly defend The Company all
legal actions on these grounds as long as The Company promptly notifies the client of the
legal action and gives the client reasonable time to undertake and conduct a defence. The
client reserves the right to use his or her sole discretion in refusing to print anything he or she
deems illegal, libelous, scandalous, improper, or infringing upon copyright law.

12 Rights of Refusal

12.1 The Company will not include in its designs, any text, images or other data which it deems to
be immoral, offensive, obscene or illegal. All advertising material must conform to all
standards laid down by all relevant advertising standards authorities. the Company also
reserves the right to refuse to include submitted material without giving reason. Any images
and/or data that the Company does include in all good faith, and then finds out that it
contravenes these Terms and Conditions, the customer is obliged to allow the Company to
remove the contravention without hindrance, or penalty, the Company is to be held in no way
responsible for any such data being included.

13 Periodical Publications

13.1 Subject to the provisions of these Conditions a contract for the production of content may not
be terminated by either party unless 13 weeks notice in writing is given to domiciled office
address in case of periodicals produced monthly or more frequently or 26 weeks notice in
writing is given in the case of other periodicals. Notice may be given at any time but wherever
possible should be given after completion of work on any one issue

14 General Lien

14.1 The Company shall in respect of all unpaid debts and moneys due from the customer have a
general lien on all goods and property of the customer in its hands and shall be entitled on the
expiration of 14 days notice of dispose of such goods or property as it thinks fit and to supply
the proceeds towards such debts and other amounts due
14.2 The Company shall not be required to print any matter, which in its sole opinion is or may be
of an illegal or libelous nature or involves the infringement of any intellectual property rights.
14.3 Where any material supplied by the customer to the Company for use in or in connection with
the work is subject to intellectual property rights then in so far as such rights are vested in the
customer the customer shall upon delivery of such material to the Company be deemed to
have licensed the Company without charge to use such material for the production and any
future sale of goods (including, unless otherwise agreed, the right for the Company to supply
goods to any third party) and where such intellectual property rights are not vested in the
customer the customer warrants that it has procured the grant of the license of the person in
whom such intellectual property rights are vested authorising the Company to use such rights
as aforesaid.
14.4 The Company shall be indemnified by the customer in respect of any claims, damages, costs,
penalties and expenses to which the Company may become liable as a result of work some in
accordance with the customers specification or supplied information or requirement which
involves any misleading, inaccurate, illegal or libelous matter produced for the customer or
any infringement or intellectual property rights

15 Right to Terminate

15.1 If the customer shall make default in or commit a breach of the contract or any other of its
obligations to the Company, or if any distress or execution should be levied upon the
customers property or assets or if the customer shall make or offer to make arrangement or
composition with creditors or commit any act of bankruptcy, or if any Petition or Receiving
Order in Bankruptcy shall be presented or made against him, or if the customer is a limited
company and any resolution or petition to wind-up such company’s business other than for the
purpose of amalgamation or reconstruction) shall be passed or presented or if a Receiver of
such companies undertaking property or assets or any part thereof shall be appointed or it
shall be unable to pay its debt, or if for any reason the Company has good cause for believing
that the customer may make default in or commit a breach of the contract or of any other
obligation to the Company, the Company shall have the right forthwith to determine any
contract then subsisting with the customer and upon written notice of such determination
being posted to the customers last known address any subsisting contract shall be deemed to
have been determined but without prejudice to any claim or right of the Company which the
Company may otherwise make or otherwise make or exercise.

16 Miscellaneous.

16.1 Where the customer supplies materials, adequate quantities must be supplied to cover
spoilage. The granting of time or any other concession shall in no way prejudice or constitute
a waiver of the Company’s entitlement to enforce any rights under any contract.
16.2 Any notice pursuant to any other contract (including these conditions) shall be in writing
signed by or on behalf of the person giving it and may be served by sending it by prepaid
recorded delivery or registered post to the address given in the contract and shall be deemed to
have been received on the following day from the date of posting.
16.3 Unless otherwise agreed, these Conditions and the contract shall be subject to and construed
in accordance with English law and the Courts of England, and shall have exclusive
jurisdiction in Milton Keynes in the case of any dispute between the parties to the contract
16.4 Every effort will be made by the Company to carry out the contract but its due performance is
subject to cancellation by the Company or to such variation as it may find necessary as a
result of inability to secure labour, materials or suppliers or as a result of Any of God, War,
Strike, Lockout or other labour dispute. Fire, Flood, Drought, Legislation or other cause
(whether of the foregoing course or not) beyond the Company’s control. Unless otherwise
agreed the following provisions shall apply (but shall only apply) to the Installment Contract
and where such provisions conflict with any of the foregoing Conditions of these Conditions
such provisions shall prevail
16.5 Payment for each installment shall thereupon become due and payable upon demand by the
16.6 Digital Media
16.1.1 Rights of Access for Website Construction
The client agrees to allow the Company necessary access to computer systems and other
locations, as required, in order to complete a website project and until all due funds are
cleared, including the necessary read/write permissions, usernames and passwords. The
customer also agrees to allow the Company to any computer systems, usernames and
passwords required to remove data and/or sites for failure to comply with these Terms and
Conditions. The customer agrees to supply the Company with all necessary materials,
electronic, or otherwise, required to create and complete the project, and to supply them in a
timely manner.
16.1.2 Website design
Once web design is complete, the Company will provide the customer with the opportunity to
review the resulting work. the Company will make one set of minor changes at no extra cost
within 14 days of the start of the review period. Minor changes include small textual changes
and small adjustments to placement of items on the page. It does not include changes to
images, colour schemes or any navigation features. Any minor changes can be notified to the
Company by e-mail or phone and confirmed by post. will consider that the client has accepted
the original draft, if no notification of changes is received in writing from the customer, within
14 days of the start of the review period.
16.1.3 Hosting websites
The Company also offers hosting through ‘www.ovation.co.za’. By using the Company to
host your website, you understand that it is a third party who the Company works with and the
Company will not be held liable for any problems that may occur with hosting.
16.1.4 Domain Registration
The Company cannot guarantee the availability of any domain name. Where the Company is
to register a domain name on behalf of a client it will endeavour to do so but the client should
not assume a successful registration.
16.1.5 Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s
ranking, the Company cannot guarantee any particular placement. Acceptance by any search
engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search
results varies from one search engine to another. Rankings will also vary as new sites are
16.2 The Company and its agents utilises a third party web based software application that offers
businesses and web site operators a software application for HTML design, email list
management and statistical analysis tools. The Company and its agents cannot be used for
does not allow unsolicited commercial emails (UCE). For more detail on UCE please see our
Anti-Spam Policy. By placing an order with the Company, The Client acknowledges and
agrees to these terms and conditions.
16.3 All Services provided by the Company and its agents are subject without limitation to the
Company’s Privacy Policy and its Anti-Spam Policy. The Company may modify the terms of
the Agreement and may discontinue or change any aspects of its Terms and Conditions at its
sole discretion. Any changes to the application or the terms and conditions become effective
upon those changes being made live on the www.credibilitgroup.co.za website.
16.4 Client e mail distribution may only be used in compliance with the US CAN-SPAM Act and
the European Privacy Directive and all other applicable laws. You may not use third party
mailing lists to distribute unsolicited email to any third party. You agree to indemnify and
hold harmless Quattro Internet Solutions against any damages, losses, liabilities, settlements,
and expenses in connection with any claim or action that arises from an alleged violation of
any national or international laws resulting from your illegal use of the Companys’ systems.
16.5 The Company reserves the right to monitor the newsletters created for the client. The
Company also reserves the right to remove any content or immediately suspend its account, if
it believes that use is in violation of any national or international laws.
16.6 The Company and its agents will automatically append an ‘unsubscribe’ link to all outgoing
email, which will allow visitors to remove themselves from your mailing list. The Company
may immediately suspend the Clients account if any attempt is made to remove or disable this
16.7 The Company and its agents will automatically append a ‘Powered by richardmarkwebb.com
footer and link to richardmarkwebb.com and its agents to all outgoing email.
16.8 The Company will not share information (such as email addresses, name, contact information,
or images) you may upload without your permission or unless agreed as part of joint venture
initiatives. Your customer information will only be shared with any other parties under the
above conditions, unless required under law. The Company may use this information and any
technical information about your use of the Services to facilitate your use of
richardmarkwebb.com and its agents or in communications with you.
16.9 The Client will comply with the The Company and its agents Privacy Policy and the Anti-
Spam Policy, which may be modified by Quattro Internet Solutions from time to time.
16.10 The Company may immediately terminate this Agreement and suspend access to client
databases without refund if the Client is in violation of any of terms outlined in this
agreement. The Company is not liable for any commercial damage to you as a result of its
decision to terminate or suspend the Clients account.
16.11 The Company reserves the right to delete any account data within 30 days after the date of
16.12 Each Party agrees to indemnify and hold harmless the other party from and against any losses,
claims, liabilities, damages or expenses, including reasonable attorney’s fees, directly arising
from a material breach of this agreement by the other party.
16.13 All work is carried out by The Company on the understanding that the client has agreed to
The Company’s’ terms and conditions. Copyright is retained by The Company on all work
including words, pictures, ideas, visuals and illustrations unless specifically released in
writing and after all costs have been settled. If a choice of options are presented, only one
solution is deemed to be given by The Company as fulfilling the contract. All other designs
remain the property of The Company, unless agreed in writing that this arrangement has been

17 Licensing

Any design, copywriting, drawing, idea or code created for the customer by The Company, or
any of it’s contractors, is licensed for use by the client on a one-time only basis and may not be
modified, re-used, or re-distributed in any way or form without the express written consent of
the Company and any of it’s relevant sub-contractors. All design work- where there is a risk
that another party makes a claim, should be registered by the client with the appropriate
authorities prior to publishing or first use or searches and legal advice sought as to its use. The
Company will not be held responsible for any and all damages resulting from such claims.
The Company is not responsible for any loss, or consequential loss, non-delivery of
products or services, of whatever cause. The customer agrees not to hold the Company
responsible for any such loss or damage. Any claim against the Company shall be limited to
the relevant fee(s) paid by the customer.
E&OE © richardmarkwebb.com 2020


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