Creativeworld’s Terms and conditions

General Introduction

Thank you for visiting our Website. We respectfully request that any visitors entering our Website and using any of our services should take a little time to carefully read these terms and conditions, the privacy statement and the legal disclaimer. A copyright notice is set out below which also forms part of these terms and conditions. Any use of this Website and our services by you is subject to these terms and English law. By accessing our Website and/or engaging our services you will be deemed to accept these terms and conditions and to be bound by them.

We, Creativeworld, are a full service Design, Marketing and Multi-Media Agency. Our registered address is Saturn House, Mercury Rise, Altham Business Park, Altham, Accrington, Lancashire BB5 5BY. We are registered with Companies house as both CW Advertising Ltd. – Registration number 3116388 - and as ITFX Ltd. – Registration number 3845221. We are not obliged to accept any request from you to provide our services to you. We operate in the United Kingdom, the European Union and Worldwide. By engaging our services you agree to our terms and Conditions of business.

Creativeworld Agency

We accept orders and instructions only on the basis that those instructing us do so as principals and are liable directly to us for payment of our account. By engaging our services you agree to this.

Compatibility

Creativeworld always try to ensure that any websites we produce will function correctly on the server they are initially installed on and that they will function correctly when viewed with the latest versions of Microsoft Internet Explorer and Mozilla Firefox running on Windows XP Professional. Due to the large number of possible operating system and browser combinations we cannot guarantee our websites will function correctly on any other system.

Due diligence

In certain circumstances we are required by law to collect evidence of identity from our clients. If you fail to supply any due diligence which we request we will be unable to provide services to you.

Customer services

At Creativeworld we appreciate that things can potentially go wrong from time to time, so if for any reason you are unhappy with any aspect of our services, please contact us immediately either by telephoning or emailing your account manager. All complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.

Adequacy of your instructions to us

We provide services only on the basis that those instructing us give us all proper, necessary and timely briefs and instructions, authority and information (including the execution of all documents required) to enable us to undertake lawfully and effectively the business instructed, and that those instructing us indemnify us accordingly. Please ensure that you have the authority to commission and instruct Creativeworld. By engaging our services you agree to this.

Quotations and costs

Our quotes are valid for 30 days. Any pro-forma invoice payments are due immediately, with the remainder due within 21 days (for advertising) or within 30 days for all other invoices. Where applicable our quoted costs exclude VAT and any outside costs incurred (for example: travel, photography, stock imagery, delivery and courier charges) which will be quoted for separately upon confirmation of your agreed requirements.

Any work required that falls outside an agreed list of deliverables, in the absence of a quote or due to author's changes will be charged at our standard hourly rate.
Creativeworld will provide you with estimated timescale for progress and completion of all commissioned work and will exercise reasonable endeavours to meet those timescales (as long as you perform your obligations promptly). Any quoted dates or times are our best estimates only and we cannot guarantee that they will be met.

Copyright and publication

Creativeworld accept content material for printing and/or publication on the basis that those submitting the material are wholly responsible for ensuring it is free from all defamatory matter and does not infringe any copyright or any other third party rights, and that those instructing us indemnify us accordingly. By engaging Creativeworld’s services you agree to our terms and conditions.

Copyright to any photographic imagery commissioned by Creativeworld will remain the property of Creativeworld unless a specific agreements are made and are put in writing.The owner of the copyright in the photograph is the photographer – the person who creates it _ by default. However, where a photograph is taken by an employee of Creativeworld in the course of employment, the first owner of the copyright is the employer - Creativeworld, unless there is an written agreement to the contrary.

Bespoke development of web software copyright will be solely held by Creativeworld unless specific contracts stating otherwise have been drafted, agreed and co-signed by an authorised Creativeworld representative and the client. Any such a contract will only become valid upon Creativeworld’s receipt of any/all outstanding payments in full. By engaging Creativeworld’s services you agree to our terms and conditions.

Use of work for the promotion of Creativeworld

Creativeworld reserve the right to use any sample works produced by Creativeworld for the purpose of self-promotion – including any works developed during concept visual development.

Delivery of products and services

Products are delivered using first class post, fax or email (as appropriate), unless otherwise stated. Where you request an alternative method of delivery, you agree to meet those costs. These services will be provided using reasonable skill and care and where possible will offer the best available values for money.

The description and price of goods and services and delivery details will be provided in the confirmation of order and/or invoice despatched with the product or service. Products and services will be provided in accordance with the timescales set out in the Consumer Protection (Distance Selling) Regulations 2000 unless otherwise agreed with you.

Payment

You may be required to make a pro-forma payment in advance before we provide any goods or services to you. Where we have agreed credit terms for you, our invoices are due for payment 30 days from their date. We reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.

Non-completion of services

Where you instruct us to undertake any service, you will be responsible for all of Creativeworld’s costs-to-date in providing that service whether or not it proceeds to its conclusion or not. If your project (or any aspect of said project) is placed ‘on-hold’ for a period of time exceeding 12 weeks, you agree to pay for all works, costs and expenses incurred to date on the project.

Liability disclaimer

Creativeworld accept no liability for loss or damage (direct, indirect or consequential)including all loss of profit or business arising out of any single claim, event, or series of related claims or events (including claims based on negligence).

Changes to our terms and conditions

We reserve the right to make changes to these terms and conditions from time to timeand at our discretion. It is your responsibility to regularly revue the Terms & Conditions of Creativeworld.

Use of third party contractors

We may on very rare occasions, as your agency, directly or through an intermediary ask another contractor ("Third Party Contractor") to carry out some or all of any work which you instruct us to carry out for you. We shall pay the charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will take all reasonable care in selecting and instructing a Third Party Contractor. However, we have no control over the activities of a Third Party Contractor and therefore accept no responsibility for the services provided to you by that Third Party Contractor or for any errors or omissions in its work or products.

Third party reliance

Our services are provided solely for the use of our client and that client's own client on whose behalf the work has been commissioned and shall not be used or relied upon by any other third party.

Privacy policy and data protection

Creativeworld will use personal information which we hold about you to provide our services and products to you, for credit control and market research purposes and tooccasionally we may chose to inform you about our services and products or events which we believe may be of interest to you.

Creativeworld may only share your information with staff, clients, or other specialist networks with the sole purpose of completing your order or transaction. In order to provide services to you we may be required to pass your personal information to parties located outside of the European Economic Area in countries which do not have data protection laws equivalent to those in the UK. Where this is the case we will take reasonable steps to ensure the privacy of your information. Except in the situations listed above or as required or allowed by law or other regulation, we will not pass, disclose, rent or sell your personal information (other than any personal information which is already publicly available) to any third party without your prior consent. Creativeworld do not hold or retainany client credit card information.

Any personal information that you submit to our website is similarly subject to the terms set out in this privacy policy. By submitting your personal information, you consent to becoming a registered user of our website, and to us using the details that you have provided within the terms set out in this privacy policy. We may use the information to help us understand more about how our site is used by visitors and to enhance our services to you. By submitting your personal information, you give consent for us to contact you from time to time for marketing, advertising and public relations purposes and for as long as necessary for the purposes of fulfilling our obligations to you.

At Creativeworld we make every effort to ensure the security of our systems. Unfortunately, no data transference or storage can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information after we've received it, we cannot ensure or guarantee the security of the information.

You have the right, by written request and on payment of a small fee of £10.00, to a copy of any personal data (as defined in the Data Protection Act 1998) which we may hold about you.

Jurisdiction

Contracts between us will be conducted in the English language and our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.