TERMS & CONDITIONS




DEFINITIONS


"Conditions” means these terms and conditions;
“Contract” means the contract incorporating these Conditions;
“Project/Artwork/Product/Item” is any work undertaken or service provided by Attuale Graphics for the Client on their request and as described in the brief;
“Client” is a person, persons, business or organization using any of the services provided by Attuale Graphics;
“I/Me/Mine/My” means Attuale Graphics a freelancer graphic and web designer, whose registered office is at Viale Europa Unita 19, Fontanafredda (PN), 33074, registered in Italy;
“Website” means attualegraphics.com which is operated by Me;
“You/Your” means a user of this Website.


 

USE OF THIS WEBSITE


Your use of this Website and any service contained within constitutes acceptance of these terms and conditions in full.
If You do not agree with any of the below Conditions, do not use this Website.
Attuale Graphics reserves the right to revise its terms and conditions at any time and without prior notice and You agree to be bound by modifications, alterations or updates. Such varied terms and conditions shall automatically apply to the use of this Website from the date of publication.
These terms and conditions are between You and Me. They do not apply to, or benefit any third party and are not reliant on any third party.
This Website is only intended for use by adults.

 


COMMUNICATION


When using the Website, You accept that communication with Attuale Graphics will be mainly electronic. For Contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that Attuale Graphics provides to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
It is the Client's responsibility to inform Me of any change in email address so I always have up to date email contact details. Attuale Graphics cannot be held liable in any way relating to communication issues if we are not supplied a valid email address.

 


PAYMENT


On Projects over £35, will be required to pay 50% of the Project cost before work can begin.
Unless otherwise specified, all subsequent balances due are payable upon art approval. Attuale Graphics requires full payment of the price prior to delivery of work and reserves the right to refuse delivery of work until past due balances are paid.
In the case the Client deciding to “put on hold” or cancel the Project, Attuale Graphics have the right to apply any costs for work carried out.
Only for printing services full payment is required in advance.

 


Payment Methods

You can pay for Your Project via Paypal, it accepts all major credit and debit cards. You confirm that the card being used is Yours.

 


Prices

Prices appearing on this Website do not include VAT, but it will not be charged to Clients.

 


Revisions and alterations

Attuale Graphics will deliver unlimited design revisions of Your Project until You are 100% satisfied.

The unlimited design revisions offered by Attuale Graphics end when the Client makes the final payment. Design changes beyond this point are subject to additional charges.
For web design services the design revisions will end once the layout will be approved.
Requests for additional work not budgeted for, may incur additional charges.

 


GENERAL INDEMNITY


You agree to indemnify Attuale Graphics fully from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of these Conditions by You or any other liability arising out of Your use of this Website.

 


LIABILITY


Attuale Graphics will not be liable to You in contract, tort, or otherwise for any loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data or profitability that might be claimed is a result of a service offered by Attuale Graphics.

 


Contents

Attuale Graphics assumes that all material supplied by the Client does not infringe third party rights.
Projects by Attuale Graphics are done so at the exclusive direction of and based on information provided by each individual Client. Attuale Graphics shall expect the Client to carry out sufficient research before proceeding with a Project. This will include checking that the Project/idea/business will operate legally. It is important that the Project is not in any way illegal.
Attuale Graphics has not verified any of the materials, images or information contained within our Client's Project and is not responsible for the content.
All images displayed on a Project are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Attuale Graphics, they will be the sole responsibility of the Client.

 

Each individual website owner reserves the exclusive right to alter its website content in any way, at any time, and for any reason. Without prior notification and carrying no liability for any consequences of such changes. Should Attuale Graphics work to any directive from a site owner to change the site content then such work is undertaken on the clear understanding that no liability whatsoever relating to such changes is assigned to Attuale Graphics.

 


Production schedules

Attuale Graphics will provide the Client with an expected completion date for the Project if requested. Attuale Graphics will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date.

 


Errors and omissions

It is the Client’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Attuale Graphics is not liable for errors or omissions in the contents of any Project which it has designed.

 


Printing responsibility

I will send You an electronic proof of the Project. I expect You to check this proof in terms of design and layout, colors, text content and spelling of any names and words including details of any postal address, telephone, fax and email address.
When You are approving Your artwork on the computer monitor, You are only approving RGB colors. Computer screens can only reproduce RGB colors and only simulates other color modes. When I convert Your files in to different color modes (CMYK, Pantone) I hold no responsibility for matching exactly Your approved RGB colors.

Your approval indicates that You have reviewed and satisfied Yourself in respect of the main characteristics of the Artwork.
Once You have responded back to Me saying You accept the proof, it will be used to print the Project. If You accept the proof and there are any mistakes (spelling, incorrect content or layout, …), I will not be liable for the mistakes in the printed Product that I supply You.


Please note once payment will be received You will not be able to get a refund or cancel the order.

Delivery
I aim to dispatch the Products to You within the agreed delivery period from order approval confirmation.
The Products will be delivered to the shipping address provided by You.
If a delivery attempt was unsuccessful and the Products are returned to Me the Items will be re-dispatched to You without incurring an extra charge.
Please note if the second attempt will be unsuccessful or if the shipping address supplied by You is incorrect I will charge an administration fee of £2 (ex. VAT) to re-dispatch the Items. I will email You if Your Products are returned to Me requesting the full reposting fee. If the fee is not paid within 1 month of My email then Your order will be destroyed and You will be required to place a new order.

If You have not received the delivery within 15 working days after the delivery period (or 20 working days if delivery outside of the UK), please inform Me. I will try and resolve the non-delivery and keep You informed.

I will not be responsible for any loss of trade or profit occurring to You as a result of delay in delivery or delivery of incorrect or faulty Product.
I will not be responsible for any loss of trade or profit occurring to You as a result of the Product getting lost in transit. I will re-print the lost Items once the delivery company confirms they have lost the delivery.

Risk in the Product passes to You on delivery of the Product to You.

Acceptance of Product
In the event of the Product being faulty, please contact Me within 10 days from the date of receipt of the Product. If You have cause for complaint please contact Me immediately. I will attempt to resolve the dispute within five working days and to keep You informed of progress if the dispute remains unresolved.
I am not responsible for any text or composition errors You may have made. If You are in any doubt I would recommend purchasing a small order to start for a trial.

Variations in quantity
Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins for 10 per cent.

Variations in cut size
The cut size will be whatever You have specified for the product subject to a variation of 1.5mm in width and height.

Full color printing
Every effort will be made to obtain the best possible color reproduction on Client's work but because of the nature of the processes involved, I shall not be required to guarantee an exact match in color or texture between the Client's photograph, transparency, other samples, monitor display (local or over the internet) and the printed Product, or between different sets of printed products (i.e. two sets of business cards or between a set of business cards and letterheads).

Look and Feel
Depending on Your screen size and resolution, the designs may appear bigger or smaller on screen than the actual printed version of the design, but elements of the design will print in the same proportions as they appear on screen, in respect to the size of elements and also the spacing between elements, elements being text and logo’s. There is a 1.66% quality acceptance level which means that a Product is deemed to be of an acceptable level of quality if any detail deviates by less than or equal to this level.

All images will print as displayed on screen in terms of relative position and size. The quality of the printed image will depend on the quality of the image You provide. The higher the dpi of the image, the better the end result.

Remedies and Liabilities
My total liability to You (whether in contract, tort, including negligence, or otherwise) will not at any time exceed in aggregate either the sum of £50 or an amount equal to the price paid by You and the costs of returning the product to us, whichever is the highest.



Website responsibility

Attuale Graphics shall not be liable in any way whatsoever for any damage of any kind, (direct, indirect, consequential, incidental or punitive), which results from the use of, access to, or inability to use the information contained in any website which it has designed.
Attuale Graphics shall not be liable for any damages to or viruses that may infect a site visitor's computer equipment, software, data or other property, which result from a site visitor's access to, use of or browsing in any site designed by Attuale Graphics.
Attuale Graphics shall not be liable for any damages which result from the downloading of material, data, text, images, video or audio from any site designed by Attuale Graphics.
Attuale Graphics shall not be liable for any content in any site linked to a site designed by Attuale Graphics and any resulting damages from a site visitor's access to any such linked site - site visitors link to any other such sites at their own risk.
Attuale Graphics do not take any responsibility for a Client website rank on search engines. This also includes any potential website downtime that can occur.

 


Domain and hosting

A domain name will be registered by Attuale Graphics on behalf of the Client once I have received the 50% deposit and a completed creative brief.
It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Attuale Graphics cannot be held liable for this. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and Attuale Graphics cannot be held liable for this.
Renewal of Hosting is due on a yearly basis.
The management and Hosting of the Domain name are the full responsibility of the Client.

 


WAIVER


Failure by Attuale Graphics to enforce any accrued rights under these terms and conditions is not to be taken as or deemed to be a waiver of those rights by Me unless I acknowledge the waiver in writing.
If I fail, at any time of the Contract, to insist upon strict performance of any of Your obligations under the Contract, or if I fail to exercise any of the rights or remedies to which I am entitled under this Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
A waiver by Attuale Graphics of any default shall not constitute a waiver of any subsequent default.
No waiver by Attuale Graphics of any of the terms and conditions of the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.

 


DISCLAIMER


Attuale Graphics disclaims any warranty or merchantability or fitness for a particular purpose. Without limiting the foregoing, Attuale Graphics shall not be liable for loss of data resulting from delays, non delivery, wrong delivery, or any and all service interruptions caused directly or indirectly Attuale Graphics.

 


SEVERABILITY


If any part of these Conditions is held to be invalid or unenforceable in whole or in part the invalid or unenforceable wording shall be deemed to be omitted, and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.

 


JURISDICTIONAL ISSUES


Attuale Graphics makes no claims that the contents of this Website may be lawfully viewed or downloaded outside Italy. Access to this Website may not be legal by certain persons or in certain Countries. If this Website is accessed from outside of Italy, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction.
These terms and conditions shall be interpreted, construed and enforced in accordance with Italian law and shall be subject to the exclusive jurisdiction of the Italian Courts.

 


RIGHTS OF OWNERSHIP


Attuale Graphics retain the Intellectual Property and ownership rights of the Project until such a time that full payment is made by the Client.
Once a Project is fully paid by Client and has been delivered by Attuale Graphics, the ownership and copyright of the final Project is automatically transferred to the Client.
Unapproved draft designs shall remain the copyright of Attuale Graphics.
If for any reason other than that agreed in writing between the Client and Attuale Graphics and full payment is not made, Attuale Graphics is the sole owner of the Project and is free to use it.

 

You are responsible for all trademark, servicemark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials I prepare.

 

I agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. Thereupon, I reserve the right to discard them.

 


Publicity

Attuale Graphics reserves the right to photograph and/or distribute or publish for promotional and marketing needs any work I create for You, including mock-ups and comprehensive presentations, as samples for My portfolio, firm newsletter, brochures, slide presentations and similar media.
Attuale Graphics shall place a small text link on the footer of a Clients website that simply states the website was designed by Attuale Graphics and links to My Website.

 


TRADEMARKS, COPYRIGHTS AND RESTRICTIONS


All material on this site, including, but not limited to text, images, illustrations, graphics, buttons, icons, logos, audio clips, video clips, layouts and look and feel is the copyright of Attuale Graphics. Material from attualegraphics.com may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of these Conditions, the use of any such material on any other web site or networked computer environment is prohibited.

 


EVENTS OUTSIDE MY CONTROL


I will not be liable or responsible for any failure to perform, or delay in performance of, any of My obligations under this Contract that is caused by events outside My reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond My reasonable control.