The ASK Group Terms and Conditions
By accepting these terms and conditions this supersedes any previous agreements, warranties, representations, undertakings or understandings between the parties and may not be varied.
The "Seller" is The ASK Group Ltd.
The "Buyer" is the party ordering goods and services under these terms and conditions on the Seller’s website.
"Work" means all goods (by way of intermediate or finished product) and services supplied by the Seller to the Buyer.
"Preliminary Work" means all work done in the concept and preparatory stages (including non-exhaustively design, artwork, colour matching).
"Electronic File" means any text, illustration or other matter supplied or produced by either Party in digitised form on disk, or via Email, or via FTP or via the Seller’s website.
All work must be paid for in advance by Credit Card, Debit Card or Bank Transfer via the Seller’s website.
Delivery of the Work shall be deemed to have taken place upon the Seller placing the work with the Seller’s approved professional courier service.
All delivery times are a guide only and, whilst the Seller will make every effort to adhere to proposed timescale, time is not of the essence in any contract with the Buyer.
- Materials supplied or specified by the Buyer
- 4.1 Electronic Files
It is the Buyer's responsibility to maintain a copy of any original Electronic File provided by the Buyer.
The Seller shall not be responsible for checking the accuracy of supplied work from an electronic file provided by the Buyer.
Without prejudice to clause 5.2(b), if an electronic file is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action the Seller may make a charge for any resulting additional cost incurred or may reject the file without prejudice to his rights to payment for work done/material purchased.
- 4.2 Copyright
Copyright to electronic materials owned by the Buyer and supplied to the Seller for the production of the work shall remain the Buyer's exclusive property.
Copyright to all designs and templates on this site belong to the Seller.
The Buyer may not reuse, copy or re-print any designs, photos or templates provided on the Seller’s website.
The Seller may reject any electronic files supplied by the Buyer which appear to be unsuitable for the purpose intended.
Without prejudice to clause 4.2.d, where materials are so supplied or specified, and the Seller so advises the Buyer, and the Buyer instructs the Seller via email or in writing to proceed anyway, the Seller will use reasonable endeavours to secure the best results, but shall have no liability for the quality of the end-product(s).
The Buyer warrants that all necessary permission to reproduce the artwork/photographs uploaded to the Seller’s website has been obtained and indemnifies the Seller from any action arising.
- 4.3 Finished Goods
The risk in the Work and all goods delivered in connection with the Work shall pass to the Buyer on delivery and the Buyer should insure accordingly.
- Retention of Title
The Work remains the Seller's property until the Buyer has paid for it in full and discharged all other debts owing to the Seller.
- Proofs and variations
The Seller shall incur no liability for any errors not corrected by the Buyer where the Buyer has been provided with electronic or paper proofs.
The Buyer waives any requirement to examine printed proofs and the Seller is indemnified by the Buyer against any and all errors in the finished Work.
Due to differences in equipment, paper, inks and other conditions between colour proofing, website proofing and production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable.
Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 1 per cent for work being allowed for overs or unders.
- Claims and Liability
- 7.1 Claims
Advice of damage, delay or loss of goods in transit or of non-delivery must be given in writing to the Seller and the carrier within three clear days of delivery (or, in the case of non-delivery, within 3 days of notification of despatch of the goods) and any claim in respect thereof must be made in writing to the Seller and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 7 days of notification of despatch). All other claims must be made in writing to the Seller within 14 days of delivery. The Seller shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Buyer proves that (i) it was not possible to comply with the requirements and (ii) the claim was made as soon as reasonably possible.
If the Work is defective so that the Buyer may in law reject it, said rejection must take place within 7 days of delivery of the goods, failing which the Buyer will be deemed to have accepted the Work.
In the event of all or any claims or rejections the Seller reserves the right to inspect the Work within 28 days of the claim or rejection being notified.
- 7.2 Liability
Insofar as is permitted by law where Work is defective for any reason, including negligence, the Seller's liability (if any) shall be limited to rectifying such defect, or crediting its value against any invoice raised in respect of the Work.
Where the Seller performs its obligations to rectify defective Work under this condition the Seller shall not be liable for indirect loss, consequential loss or third party claims occasioned by defective Work and the Buyer shall not be entitled to any further claim in respect of the Work nor shall the Buyer be entitled to repudiate the contract, refuse to pay for the work or cancel further deliveries.
Defective Work must be returned to the Seller before replacement or credits can be issued. If the subject Work is not available to the Seller the Seller will hold that the Buyer has accepted the Work and no credits or replacement Work will be provided.
The Seller shall not be liable for indirect loss, consequential loss or third party claims occasioned by delay in completing the work or for any loss to the Buyer arising from delay in transit, whether as a result of the Seller's negligence or otherwise.
Where the Seller offers to replace defective Work the Buyer must accept such an offer unless he can show clear cause for refusing so to do. If the Buyer opts to have the work re-done by any third party without reference to the Seller the Buyer automatically revokes his right to any remedy from the Seller, including but not exclusively the right to a credit in respect of Work done by the Seller.
Nothing in these conditions shall exclude the Seller's liability for death or personal injury as a result of its negligence.
Without prejudice to other remedies, if the Buyer becomes insolvent, the Seller shall have the right not to proceed further with the contract or any other work for the Buyer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Buyer, such charge to be an immediate debt due to him. Any unpaid invoices shall become immediately due for payment.
- General Lien
Without prejudice to other remedies, in respect of all unpaid debts due from the Buyer the Seller shall have a general lien on all goods and property of or provided by the Buyer in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property as agent for the Buyer in such manner and at such price as he thinks fit and to apply the proceeds towards such debts, and shall when accounting to the Buyer for any balance remaining be discharged from all liability in respect of such goods or property.
- Illegal matter
The Seller shall not be required to print any matter which in his opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
The Seller shall be indemnified by the Buyer in respect of any claims, costs and expenses arising out of the printing by the Seller for the Buyer of any illegal or unlawful matter including matter which is libellous or infringes copyright, patent, design or any other proprietary or personal rights. The indemnity shall include (without limitation) any amounts paid on a lawyer's advice in settlement of any claim that any matter is libellous or such an infringement.
- Force majeure
The Seller shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his reasonable control including (without limiting the foregoing): Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials supplied by the Buyer; failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Buyer may by written notice to the Seller elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
- Data Protection
The Buyer is hereby notified that the Seller may transfer personal information about the Buyer to a Credit Agency or bank in order to process the work and payment.
These conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England and the parties agree to submit to the jurisdiction of the courts of England and Wales.
All specifications and notices relied on by either party and all variations to this agreement must be in writing and include a duly authorised signature.
Nothing in these Terms shall affect the rights of Consumers.
All clauses and sub-clauses of this Agreement are severable and if any clause or identifiable part thereof is held to be unenforceable by any court of competent jurisdiction then such enforceability shall not affect the enforceability of the remaining provisions or identifiable parts thereof in these Terms and Conditions.