Please find below the terms and conditions on which Mubsta (“we”) provide Services and Products to the Client (“you”). Services may include the development and production of ideas, concepts and advice in the creation of Products such as designs, layouts, photographs, films and imagery in any formats but this list is non exhaustive.
The contract comprises of a quotation (“the Quotation”) and these terms and conditions. Where confirmation in writing or the return of a document is required this may include delivery by fax, email or first class post unless stated otherwise. An instruction to proceed or payment of the required deposit, after having received a Quotation and these Terms, also constitutes your confirmation and acceptance of them.
Services & Products shall be provided to you based on the details in the Quotation and upon receiving your confirmation and acceptance of the Quotation and these terms and conditions in writing together with the agreed deposit. Quotations are valid for 30 days from date issued.
Intellectual Property & Usage
All rights to the Services are owned by Mubsta and are protected by copyright and design right laws. However, on payment of the fee and observing these terms and conditions we grant you permission to use the Products of the Services for your business. This permission is granted on the basis that you will use the Products for agreed use only. For Define business image libraries and Document event libraries this extends to use of Services or Products for all your direct promotional and communication purposes in any media (eg. web or print). It does not allow use of any Services or Products in any format by 3rd parties on any terms (paid or freely shared), or for use as decorative fine artwork unless otherwise agreed in writing and upon payment in advance of any agreed additional fees. Mubsta retains the copyright and therefore the right to use the Services & Products for its own marketing and advertising on web sites, at exhibitions, and in any other marketing materials whether you have used them or not. All Decorate fine artwork for display is to be fabricated by Mubsta unless specifically agreed otherwise in advance
The Quotation will normally stipulate that the Services and Products are to be provided on a fixed fee basis after assessing the project’s required inputs and outputs and whilst Quotations are not necessarily based on a specific amount of time an agreed Project Completion Date will be stated. If unusually any aspect of the project states or requires a specific time period to be observed Mubsta will detail the start and finish times or number of days/hours expected as part of the overall Quotation. If the assessment of the time it will take to perform the Services and Products requested exceeds that detailed in the Quotation due to your revisions these hours will not be worked or charged without your prior written approval. Fees for out-of-pocket costs, expenses or materials for Services and Products will be separately specified unless stated as included within the Quotation.
If you wish to terminate the provision of Services or Products before they are completed or if they are terminated before they are completed because of a default on your part you will be liable to pay the full fees as set out in the Quotation.
VAT is additional and will be charged at the prevailing rate on the date of the invoice.
Any Deposit (50% unless otherwise stated) detailed on the Quotation is due upon acceptance of the Quotation or by a date stated in the Quotation and before work can commence. This Deposit will be non refundable.
Mubsta will render an invoice for the balance and any associated costs upon completion of the agreed Services & Products or upon the Project Completion Date unless otherwise agreed and extended in writing. This will be due for payment within 14 days from date of invoice unless otherwise stated. Services and Products will be delivered upon receipt of cleared funds only.
After 14 days or the agreed period Mubsta reserves the right to charge interest on the sum owing at a daily rate of 6% above the base rate of NatWest Bank until payment is made.
Amendments or Additions.
Any amendments to the Quotation must be confirmed in writing by both parties. If you request, and Mubsta agrees to provide, Services or Products additional to those which the Quotation covers these additional services will form part of a separate Quotation.
You agree that you will co-operate with Mubsta and provide the information and documentation that we reasonably require to perform the Services and deliver Products as per the Quotation.
We shall treat all personal and business information supplied by you as confidential and in accordance with the requirements of the Data Protection Act 1998. We shall not disclose such information to any third party without your prior permission, except where required by law or where action might be necessary to protect you or someone else. You have the right, by written request and on payment of a small fee to a copy of personal data which we hold about you.
If we are required to produce Services or Products using individuals as models or images, designs or use of any locations, property, articles or data provided by, or allowed access to, by you or arranged by you, we expect all permissions to have been obtained. You agree to fully indemnify Mubsta from any claims arising due to the necessary permissions not being obtained.
- If you request, and we agree, that as part of the Services & Products we shall recommend, liaise with and/or supervise third parties, we shall have no liability for any deficiencies in any goods supplied or work done or damage caused by any third party, unless those deficiencies or that damage are directly caused by our negligence.
- Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to our fee received for the Services & Products, having regard to such factors as whether the damage was due to a negligent act or omission by Mubsta. We shall have no liability for any consequential or indirect loss suffered by you, such as, loss of earnings, loss of time, and loss of business or goodwill.
Warranty and acknowledgments
Mubsta’s aim is to provide the Services & Products using reasonable care and skill and in compliance with commonly accepted practices and standards. We provide no warranty that any result or objective can be or will be achieved or that it will be achieved by a given date.
You agree that you are fully responsible for the use of the Products and any consequential effects arising from the use of the Products and fully indemnify Mubsta against inclusion in any proceedings or damages arising directly or indirectly out of the use of the Products.
Mubsta should receive written credit or acknowledgement for any Services or Products in any place they are used in the format “©mubsta.com” unless agreed otherwise.
Mubsta shall not be liable for any failure or delay in performance of the Services or Products which is caused by circumstances beyond our reasonable control.
Mubsta shall be free to provide Services, Products or other activities to other organisations, companies or individuals without restriction after and during the time it provides Services and Products to you.
This agreement may be terminated with one months notice, or immediately if either party breaches the terms of the Contract or becomes insolvent or the subject of insolvency proceedings.
Any notice to be served shall be delivered by hand or sent by first class pre paid post to the addresses displayed on the Quotation and shall be deemed to have been received within 72 hours of posting.
Rights of Third Parties
A person who is not a party to the Contract shall not have any rights under or in connection with it.
If you are unhappy with the Services or Products Mubsta provides we hope you will discuss any problems or issues with us first. If you take court proceedings you must do so within the courts of England and Wales. This agreement is governed by and construed under English law.
© mubsta Jan2013
Info Only. Latest Terms & Conditions applying would be sent with any formal Quotation for services, which may differ and/or supersede the above.