1. Provision – GMD TakeAway agrees to provide the design service selected and paid for by the customer, including management of the printing process and arrangement of delivery.
The customer agrees to provide any necessary written copy as a plain or rich-text file (.txt or .rtf), as well as any imagery or logos that must be included in the artwork, in a high resolution digital format. Any licensed files (photography, illustrations or fonts) to be used must be supplied with a copy of the license agreement.
2. Process – GMD TakeAway will provide the customer with an initial selection of different creative design routes by email (in a 200 dpi PDF file). GMD TakeAway will then develop the customer's chosen design into digital artwork which will again be emailed to the customer. Following a maximum of two sets of minor amends (excluding spelling or grammar corrections) and on receipt of a final sign–off from the customer via email, the digital artwork will be sent to a print bureau for output.
GMD TakeAway will provide up to two royalty-free photos/illustrations from iStockphoto.com for each job. Each additional image required will be charged 'at cost', up to a maximum of £10 per photo/illustration. Any specific fonts requested that GMD TakeAway does not already carry in its library will also be charged 'at cost' – these prices vary depending on which Foundry created them.
Additional work, such as a change to the main design during the artwork process may incur an additional charge for which the customer will be made aware of and invoiced for accordingly.
PLEASE NOTE: GMD TakeAway will not undertake any design work, speculative or not, in advance of payment.
3. Turnaround – GMD TakeAway agrees to undertake the design and artwork as swiftly and accurately as possible. Once the final digital artwork files have been submitted to the print bureau, turnaround is approximately 4 working days (not including the day of submission).
PLEASE NOTE: Printed Envelopes take and additional 5 working days.
4. Delivery – Delivery to the customer is estimated to be on the 5th working day after the digital artwork files have been submitted to the print bureau. Confirmation of the delivery date will be given to the customer the day after submission. Delivery will be made between the hours of 8:30am and 6:00pm. There is an additional premium charge for guaranteed delivery before 10am to be paid by the customer. Delivery can only be made to UK Mainland addresses.
5. Deadlines – GMD TakeAway will make every effort to ensure, but will not guarantee, that deadline dates are met (subject to clause 10 and 16)
6. Payment – Full payment must be made in advance of any work being undertaken by GMD TakeAway. Payment can be made by Credit or Debit Card (online by the customer through Google Checkout) by Cheque (allowing 5 working days for clearance) or by CHAPS or BACS (allowing 3 working days for BACS tranfer).
Any additional charges incurred including, but not limited to, the purchase of corporate fonts, licensed photography, additional design work or 10am guaranteed delivery, will be invoiced to the customer. Full payment for these additional charges is due from the invoice date and should be settled as soon as possible, payment instruction will be included on the invoice. Payment not received within 30 days will incur Interest at a rate equivalent to 16% APR from the invoice date as detailled in a Statement of Account which will then be issued.
7. Cancellations / Returns – A job can be cancelled at any time BEFORE sign-off has been received, before the digital artwork files have been sent to print. GMD TakeAway will offer a full refund, minus any work carried out and any fees paid (including credit card fees). In this instance, all rights to the design and artwork will remain with GMD TakeAway.
Once the job has been completed and delivered, should the customer be unhappy with the finished printed materials, then they should contact GMD TakeAway as soon as possible after delivery. GMD TakeAway will not entertain complaints received more than 14 days after delivery. For information about submitting a claim against delay, damage or loss, please see clause 11 below.
8. Responsibility – If at the customer's request, GMD TakeAway subcontracts any part of its services to a third party, the customer will remain liable for all costs involved and GMD TakeAway retains the right to seek payment from the customer at all times. The customer accepts FULL responsibility for the final sign–off of digital artwork including, but not limited to, spelling and grammar, as well as contact information such as postal addresses, telephone numbers and email addresses. GMD TakeAway accepts no liability in this regard (also see clause 10).
9. Ownership – Ownership of all physical materials, such as printed collateral and optical disks, shall pass to the customer upon completion. GMD TakeAway will retain full title to digital artwork files, these may be purchased for an additional fee. Payment for work undertaken does not entitle the customer to the copyright of any materials, with the exception of Logo Design, unless agreed in writing with GMD TakeAway and its sub–contractors. This will usually involve an additional fee.
10. Liability – GMD TakeAway shall not be liable for any loss to the customer arising from delays not caused by itself. Neither shall GMD TakeAway be liable for any loss to the customer associated with the response or performance of, or any legal action taken against the customer as a result of publishing, any material, nor for errors in that material once approval has been given by the customer. Though every care is taken, the content of any such material and the accuracy thereof is deemed to be the responsibility of the customer. Approval by the customer of such artwork and pre–press material as may be produced by GMD TakeAway will be held as the customer being in full agreement with, and legally responsible for, the contents. The cost in rectifying any subsequent errors is the liability solely of the customer.
11. Claims – Advice of delay, damage or partial loss of goods in transit or of non–delivery must be given in writing to GMD TakeAway within 3 days of delivery (in the event of non–delivery, within 28 days of despatch of goods). Any claim in respect thereof must be made in writing to GMD TakeAway within 7 days of delivery (or in the case of non–delivery, within 42 days of despatch). All other claims must be made in writing to GMD TakeAway within 28 days of delivery.
GMD TakeAway shall not be liable in respect of any claim unless the aforementioned requirements are adhered to except in any particular case where the customer proves that: (a) it was not possible to comply with the requirements and; (b) advice, where required, was given and the claim made as soon as reasonably possible.
12. Standing Material – Metal, film, glass, digital information, computer disks and other materials owned by GMD TakeAway and used by it in the production of type, plates, moulds, stereotypes, electrotypes, film–setting, negatives, positives, and the like shall remain the exclusive property of GMD TakeAway.
13. Customer Property – Customer's property and all property supplied to GMD TakeAway by or on behalf of the customer shall, while it is in the possession of GMD TakeAway or in transit to or from the customer, be deemed to be at the customer's risk and the customer should insure accordingly.
14. Insolvency – If the customer ceases to pay his debts in the normal course of business or cannot pay his debts as they become due, or being a company is deemed unable to pay its debts or has a winding up petition issued against it, or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, GMD TakeAway shall, without prejudice to other remedies, have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) – in which case, materials purchased for the customer shall be an immediate debt due to GMD TakeAway and, in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property in such a manner and at such a price as GMD TakeAway sees fit and to apply the proceeds towards such debts.
15. Illegal Matter – GMD TakeAway shall not be required to produce any matter which it deems may be of an illegal or libelous nature or an infringement of the proprietary or other rights of any third party. GMD TakeAway shall be indemnified by the customer in respect of any claims (see also clause 11) costs and expenses arising out of any libelous nature or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material supplied by the customer. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
16. Force Majeure – GMD TakeAway shall be under no liability if it is unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) act of God, legislation, war, fire, flood, drought, failure of power supply, terrorist attack, lock-out, strike, or any other action taken by employees of GMD TakeAway or of their sub-contractors. During the continuance of such a contingency the customer may, by written notice to GMD TakeAway, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when possible.
17. Precedence – These Terms and Conditions take precedence and cannot be varied or altered, or overridden by the imposition of any such conditions by a third party that negate or alter any of the material clauses in these Terms and Conditions of business.
18. Law – The Terms and Conditions and all other express terms of the contract shall be covered and construed in accordance with the laws of England, Scotland and Wales.
19. Validity – If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. Failure by either GMD TakeAway or the customer to exercise any right or remedy under or in connection with these Terms and Conditions does not constitute a waiver of that right or remedy.
20. Headings – The headings in these Terms and Conditions are for convenience only and shall have no effect on the interpretation thereof.
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GMD TakeAway™ is a division of 
– © Copyright 2006. All rights reserved.
GMD TakeAway™ is a division of GMD – © Copyright 2006. All rights reserved.
Greg Matthews Design – Studio 250, Railway House, 14 Chertsey Road, Woking, Surrey GU21 5AH – Tel: 07544 80 33 30