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Memorable Magazines & Photos
This contract is for the provision of the goods (the “goods”) and services (the “services”), collectively described as the “work”, specified in Schedule A by “Madd Magazines” (“us” or “we”) and the Customer (“you”) at the price specified in Schedule A.
We must receive payment of the deposit as detailed in Schedule A of the price for the goods and services that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. This email will include a copy of this contract. Provision of the email will constitute our acceptance of your order and brings into existence this legally binding contract between us.
The schedule of work and price is as specified in Schedule A. If payment is not received according to the payment schedule we reserve the right to cease work under this contract until such time as payment has been made. The prices we quote can be amended by a reasonable amount if you amend your instructions after we start work. Any amendment to instructions and prices must be agreed by us, such agreement not to be unreasonably withheld, and confirmed in writing by us as an amendment to this contract. Refunds can only be made to the debit/credit card account used to make the original purchase.
You must provide us, in a timely manner, with such photographic and other material/information (“in-put material”) as we may reasonably require to complete our obligations under this contract and to provide the “work”. If the in-put material is not provided by the time agreed we reserve the right to suspend work and/or vary any subsequent delivery dates. In order for us to be able to provide you with our “services” and produce the “goods”, you agree to grant to us a non-exclusive, worldwide, fully-paid and royalty-free license to use the in-put materials in order for us to complete our obligations under this contract. This non-exclusive, worldwide, fully-paid and royalty free license includes all the provided in-put material even if that in-put material is not included in the approved version of the “goods”. You agree that we reserve the right to maintain an archival copy of the in-put materials and the “goods” which we can use for marketing purposes. None of the in-put materials will be used for marketing purposes without your prior approval which will not be unreasonably withheld.
You represent and warrant that:
a. you own or otherwise have the right to grant a licence for us to reproduce and use the in-put material and that the use by us of the in-put material in the course of providing the services and producing the goods will not infringe the rights of any third party;
b.the in-put material contains nothing that is defamatory or indecent and will not infringe the statutory or common law rights of any third party;
c. the in-put material is accurate in all respects. You shall indemnify us against all and any loss, damages or costs sustained by us arising out of any breach by you of any of your warranties under this agreement. At our request and at your own expense, you shall provide all reasonable assistance to enable us to resist any claim, action or proceedings brought against us as a consequence of that breach. We retain the copyright and any other rights (“the intellectual property rights”) in the “goods” as a whole and any part of the “goods” created by us in performance of this agreement including, but not limited to, the format and structure of the “goods”. You agree that you will not copy the “goods”, authorize or cause the “goods” to be copied and if you or any other person requires further copies of the “goods” then you will order them from us.
Once we have completed a draft of the content of the “goods” this draft (“content draft”) will be provided to you for your review. If you require any reasonable changes to the “content draft” you must notify us of those changes. We will make best endeavors to incorporate your requested changes into the “content draft” provided they are within the agreed specification as detailed in Schedule A and resubmit the revised content draft for your review. We will only submit two (2) “content drafts” for your review. Any additional submissions will be subject to an additional charge that will be agreed with you. Approval of the “content draft” will constitute approval of the “goods”. After receipt of approval of the “content draft” it will not be possible to request any further amendments to the content or the design of the “goods”. We shall not be liable for any errors in the written content of the magazine (including, but not limited to, misspelled names, mistaken identity of individuals etc) which have not been identified in writing by you and notified to us prior to approval of the “content draft”. Once the content and design of the “goods” have been approved by you and you have paid the balance of the price, we shall arrange for the printing of the “goods”. Delivery will be made as soon as possible after your approval of the “goods” to the address you advise subject to payment of any delivery as detailed in Schedule A. Time for performance shall not be of the essence in this agreement.
The “goods” are at your risk from the time we dispatch them. You should inspect the “goods” as soon as they arrive. We are not liable for any shortages or defects in printing unless you tell us in writing at our contact address within 10 working days of delivery of the goods. If we agree that the “goods” are defective due to printer error, we will refund the reasonable cost of returning them and replace or repair the goods, at our option, as soon as reasonably practicable. If death or personal injury is caused by our negligence in performance of our responsibilities in providing the “works” we will indemnify you. Otherwise our liability is limited to the guarantee in the preceding clause. We are not liable for any other loss, including consequential loss, resulting from the performance of our responsibilities under this contract. We shall have no liability to pay any money to you by way of compensation. If performance of our obligations under the contract is prevented or delayed by any act or omission by you then we shall retain the right to cancel the contract and require payment of any reasonable costs, charges or losses sustained or incurred by us performing our obligations under this contract. If you are "dealing as a consumer" as defined in section 12 of the Unfair Contract Terms Act 1977, these conditions do not exclude or restrict liability for breach of any obligation arising from sections 13 to 15 of the Sale of Goods Act 1979.
We shall have no liability to you for non-performance or delay in performance or for any damage or defect to “goods” delivered that is caused by any event or circumstance beyond our reasonable control including, but not limited to, wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.” The sole remedy in the instance that we are unable to complete the contract because of any of the aforementioned events will be your right to cancel the contract and receive a refund of monies already paid subject to a deduction of any reasonable costs that we have incurred or are liable for up-to the date of the event or circumstance.
If you request, we are prepared to consider reasonable variations to the provisions of this contract, but any such agreed variations may change the price detailed in Schedule A.
You agree to us immediately commencing our services following acceptance of your order and thereby waive your cancellation rights. As the goods are clearly personalized for your use, you agree that the statutory right of withdrawal does not apply to this agreement. We reserve the right to cancel the contract between us if one or more of the “goods” or “services” that you ordered was listed at an incorrect price due to a typographical error in Schedule A.
This contract constitutes the entire agreement relating to the supply of the goods and services as detailed in Schedule A to you by us. Nothing said by any person on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Any variation of these conditions is invalid unless we accept it in writing, and these conditions prevail over any you seek to impose. All notices sent by you to us must be sent to us at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us with your order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee. If any of these conditions is held to be invalid or unenforceable, that will not affect the validity and enforceability of the rest. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term. Our rights will not be affected by any relaxation, forebearance, indulgence or waiver in enforcing these conditions. Our dealings with you are governed by English law and come within the jurisdiction of the English courts.
The Goods are the provision of a magazine with the following specification:
An full color magazine printed HP paper. The number of pages and quantity of magazines according to the selected package. The specification for the goods is subject to the quality and quantity of the in-put materials. We reserve the right to vary the specification of the goods subject to your agreement; such agreement will not be unreasonably withheld.
We will discuss with you the format and structure of the magazine, which must conform in principle to one of our recommended layouts, and the conduct a series of interviews with you or people that you nominate. On completion of those interviews we will prepare a descriptive story of your wedding and surrounding circumstances. We will agree a schedule for this work.
The overall price for the Goods and Services is as detailed in your selected package.
Deposit. Payment of 50% on acceptance of this offer resulting in this contract coming into force. Acceptance. Payment the balance on agreed acceptance of the Content Draft