Terms & Conditions

(last updated 20/04/09)

The following terms and conditions apply to all work undertaken and/or orders placed with Sunrise Design for Publishing (may also referred to as SunriseDP). We will treat each order for services and/or products as an offer by you to purchase those services and/or products subject to these terms and conditions.

Customer Responsibilities

The Customer accepts liability for both artwork and costs of printing. It is the Customer’s responsibility to proof check all artwork and designs before they go to print or are uploaded onto any website. No artwork or designs will be sent to print without the Customer’s express consent. Sunrise Design for Publishing will accept no responsibility for errors within the artwork as it is on the express instruction of the Customer that orders go to print. Any changes requested after the Customer has proof checked the final design will incur additional charges. Sunrise Design for Publishing do not accept any responsibility relating to copyright on photographs, graphics or text supplied by the customer for use on printed work.

Full colour printing

All reasonable efforts shall be made to obtain the best possible colour reproduction on Customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that Sunrise Design for Publishing shall not be required to guarantee an exact match in colour or texture between the printed results and any proof or existing copy so supplied. The Customer accepts that lithographic print colours will vary from digital or home printing. With any printed material, slight differences from the original, including screenproofs sent by Sunrise Design for Publishing, cannot be rejected.

Delivery

Delivery times shown in product descriptions or stated within a quotation are estimations only. Sunrise Design for Publishing will use all reasonable endeavours to ensure that any order is delivered on time. If there is any delay in delivery Sunrise Design for Publishing will not be liable for any losses, costs, damages or expenses incurred by the Customer arising directly or indirectly out of any failure to meet any estimated delivery date.

Domain names, and web and/or email hosting accounts

Sunrise Design for Publishing supply domain name registration and web/email hosting accounts as an ‘add-om’ service for existing customers. As such terms and conditions featured elsewhere on this page relate also to this service. Control Panel login details are supplied to the customer on creation of an account, and within here is comprehensive information on how to manage your online account; Sunrise Design for Publishing do not offer personal customer service for online accounts, although we will respond to email queries at our discretion.

Customers can close accounts at any time in the form of an email request, similarly for the transfer of a domain; transfer of web hosting and contents is at our discretion, and may be subject to a charge.

Sunrise Design for Publishing has the right close any online account with immediate affect should there be evidence of abuse of our system, including hosting of explicit or copyrighted material, or using email to send spam or abusive or obscene messages. Alternatively accounts may be retained to be passed onto to the relavant authorities, and where necessary we will refer instances of abuse of our system to the police.

Refunds/Cancellations

Due to the nature of the products and services provided by Sunrise Design for Publishing, refunds for products that have already been printed or are in the printing process are not possible. If after receiving initial artwork you choose not to continue with the work, you will still be liable for studio administration costs and a labour fee for the designers work and time.

Payment

In consideration of the services to be performed by the Sunrise Design for Publishing, the Customer shall pay a 25% deposit on design and/or print work prior to the commencement of any work and the remaining amount upon completion of the work. Invoices will be provided by Sunrise Design for Publishing upon completion. Payment of invoices are due within 7 days of receipt. The invoice is deemed received by the Customer 2 days after posting and will always be supplied by email also on day of completion where possible. Accounts that remain unpaid thirty (30) days after the date of the invoice will be required to pay late interest on the total amount due in the amount of eight percent (8%) plus the base rate of the Bank of England. The rate that applies is the rate in force at the end of the day on which the payment was due.
Payments may be made by cash, cheque, or online banking – details for all of these are listed on the invoice.

Copyright and Trademarks

The Customer understands that all proofed artwork is for preview purposes only, and is copyrighted to Sunrise Design for Publishing. It is a breach of copyright for any artwork to be used, distributed or reproduced prior to payment or without the written consent of Sunrise Design for Publishing. Please note that in the case of the design of advertising, editorial or branding for a newspaper or magazine, artwork is for use in the specific publication and specific edition of that publication that is has been designed for, and it is a breach of our copyright to run this artwork in other publications or further editions without our written consent (in email or by letter). Written consent (in email or by letter) for the transfer of copyright to the customer can be requested if you need to use the artwork independently from our involvement – please ask, we are happy to do this. Artwork can also be amended and/or resized for an additional fee.

The Customer unconditionally guarantees that any element of text or graphics furnished to Sunrise Design for Publishing for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organization. The Customer grants Sunrise Design for Publishing permission to use any material that they own the copyright in for the purpose of completing any work outlined in the design brief or this agreement. The Customer will hold harmless and protect Sunrise Design for Publishing from any claim or suit arising from the use of such as furnished by the Customer.

Sunrise Design for Publishing makes every effort to produce original artwork. If, however, we create artwork for you which accidentally infringes on any existing trademarked artwork, Sunrise Design for Publishing liability is limited only to a refund of the paid amount, or design modification at no additional charge.

Liability

The Customer agrees to indemnify, save and hold harmless Sunrise Design for Publishing from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of the Customer’s responsibilities or obligations, representations or warranties under this agreement.

Although the Sunrise Design for Publishing can provide you with our professional opinion, we give no guarantee or make any representations as to the suitability of any completed work for a particular purpose whether expressed or implied through oral or in writing, except as expressly stated in these terms and conditions.

Sunrise Design for Publishing does not exclude liability for death or personal injury that is caused as a result of their negligence or omission. Applicable law This Contract is governed by the laws of England and Wales and each party submits to the jurisdiction of the courts thereof.

Severability Clause

Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement.

Force Majeure

If Sunrise Design for Publishing is prevented or delayed in the performance of any of its obligations under this Agreement by any cause which arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including but not limited to strikes, lock-outs or other industrial disputes, unavailability of raw materials, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, transport disruption, fire, flood, storm, terrorist attack, nuclear, chemical or biological contamination or sonic boom, then it shall have no liability in respect of the performance of such of its obligations as are prevented by those events.

Notes

Should Sunrise Design for Publishing waive any of these terms on an individual basis, this shall not affect the validity of any remaining clauses or commit Sunrise Design for Publishing to waive the same clause on any other separate occasions.

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