OMNI PRINTINGS PTY(LTD)- TERMS & CONDITIONS
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Omni Printings reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. The following Terms and Conditions of Service apply to all products and services provided by Omni Printings. All work is carried out by Omni Printings on the understanding that the client has agreed to Omni Printings terms and conditions. Copyright is retained by Omni Printings on all design work including words, pictures, ideas, visuals and illustrations & Photography or Videography services unless specifically released in writing and after all costs have been settled. If a choice of design/Work is presented, only one solution is deemed to be given by Omni Printings as fulfilling the contract. All other designs remain the property of Omni Printings, unless agreed in writing that this arrangement has been changed.
PROJECT ACCEPTANCE & CONFIRMATION
At the time of proposal, Omni Printings will provide the customer with a formal quotation. The Terms and Conditions can be read on Omni Printings website. A copy of the written quotation and contract is to be signed and dated by the customer to indicate acceptance and should be returned to Omni Printings. No work on a project will commence until either document has been received by Omni Printings.
The Client shall be responsible for any increases in Omni Prinitngs costs as a result of any changes to such job parameters or other material made by The Client either directly or indirectly after the date of any quotations given by Omni Printings, and for any increase in costs by way of overtime charges if the time and date for completing a project is brought forward by The Client either directly or indirectly. Quotations are valid for a period of thirty (30 Days) from the date of quotation.
SUPPLY OF DESIGN ELEMENTS AND DATA
A charge may be made to cover any additional work involved where the design elements/data supplied or specified is not clear, legible, or in the prescribed format/specification to produce satisfactory results. Where material is so supplied or specified, responsibility will not be accepted for imperfect work caused by defects in the supply, format or specification. This includes any incompatibility or defects caused by differing software versions or conflicting operating systems.
All work carried out, whether experimentally or otherwise, at The Client’s request shall be deemed chargeable.
PERFORMANCE, DELIVERY OR COLLECTION
Unless otherwise agreed in writing, all times quoted for performance or delivery or availability for collection are given in good faith but are not guaranteed by Omni Printings. The time for performance or delivery or availability for collection shall in every case be dependent upon prompt receipt of all necessary information, final instructions or approvals from The Client. Alteration by The Client of its requirements may result in delay in performance, delivery and/or availability for collection for which Omni Printings shall bear no liability. Omni Printings shall not be held liable for any delay in print production and late delivery thereof. Any packaging supplied by Omni Printings, unless otherwise expressly agreed, is intended to provide adequate protection throughout normal conditions of transport by the means specified in the agreement or as otherwise agreed. If The Client (or the intended recipient) fails to take delivery on the agreed date or to collect on the agreed collection date, or if no specific delivery or collection date has been agreed, when the goods are ready for dispatch, Omni Printings shall be entitled to store the goods and to charge The Client the reasonable cost of doing so, and to tender its account for such charges to The Client, provided that in no event shall Omni Printings be under any liability in respect of any loss or damage following the dispatch of any goods from the Company’s premises.
COPYRIGHTS AND TRADEMARKS
By supplying text, images and other data to Omni Printings for inclusion in The Client’s business cards, flyers, pamphlets, 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 Omni Printings on behalf of the customer, will remain the property of Omni Printings and/or it’s suppliers. The customer may request in writing from Omni Printings, the necessary permission to use materials (for which Omni Printings holds the copyright) in forms other than for which it was originally supplied, and Omni Printings 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 Omni Printings, the customer grants Omni Printings permission to use this material freely in the pursuit of the design. Should Omni Printings, or the customer 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, the customer will agree to allow Omni Printings to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Omni Printings 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. Unless otherwise specified all fonts used in any design material supplied by Omni Printings will remain property of Omni Printings.
A termination notice can also be served at any time before the end of the term of this contract by either party sending the other a written notice. The termination period shall be no less than a thirty (30) day calendar month. The Client agrees to settle Omni Printings dues from the last date of the notice period. Any cancellation must be in writing and must be sent or delivered to Omni Printings and shall be deemed effective only as at the date received by Omni Printings.
Omni Printings makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Omni Printings will not be held responsible for any and all damages resulting from products and/or services it supplies. Omni Printings 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 Omni Printings responsible for any such loss or damage. Any claim against Omni Printings shall be limited to the relevant fee(s) paid by The Client.
Acceptance of Terms and Conditions:
All contracts and transactions between the Omni Printings and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between Omni Printings and all or any of its Clients.
Delivery of Products and Services:
The supply of products and services are provided by Omni Printings on a best endeavours basis. Omni Printings will not be liable for delays that are beyond their reasonable control. The Omni Printings shall use reasonable endeavours to meet agreed deadlines where applicable. Omni Printings shall not be liable for any delays in meeting any of their obligations which were due to causes beyond their reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation,funerals, industrial action, adverse weather conditions, floods, fire, loss or damage in transit, etc.
The Client has no right to reject work on the basis of style or composition unless a rejection fee has been agreed in advance. The remuneration must be paid in full even if the ordered and delivered work are not used.
No variation of the terms of this contract shall be recognised unless agreed in writing.
This agreement shall be governed by the laws of the Republic of South Africa.