Terms and Conditions
251. Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by 43 Media E.U.R.L (hereinafter referred to as “43 MEDIA”, “THE COMPANY” or “we”), to the customer (hereinafter referred to as “THE CLIENT”)
All work is carried out by 43 MEDIA on the understanding that THE CLIENT has agreed to 43 MEDIA’s terms and conditions.
Copyright is retained by 43 MEDIA on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by 43 MEDIA as fulfilling the contract. All other designs remain the property of 43 MEDIA, unless agreed in writing that this arrangement has been changed.
2. Project Acceptance
At the time of proposal, 43 MEDIA will provide THE CLIENT with a written estimate or quotation. The Terms and Conditions can be read on the 43 MEDIA website (www.43media.com).
A copy of the written estimate or quotation is to be signed and dated by THE CLIENT to indicate acceptance and should be returned to 43 MEDIA.
Alternatively, THE CLIENT may send an official order in reply to the estimate or quotation which binds THE CLIENT to accept 43 MEDIA’s terms and conditions, or an email acknowledging acceptance of the quotation.
No work on a project will commence until acceptance of the quotation has been received by 43 MEDIA.
Any indication given by 43 MEDIA in the aforementioned estimate or quotation, of a project’s duration is to be considered by THE CLIENT to be an estimation. 43 MEDIA cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by 43 MEDIA for the initial payment or by date confirmed in writing by 43 MEDIA.
3. Design Charges
Charges for design services to be provided by 43 MEDIA will be set out in the written estimate or quotation that is provided to THE CLIENT.
At the time of THE CLIENT’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until 43 MEDIA has received this amount.
The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to its release, paid in full including any and all applicable local taxes.
4. Source Files
Charges for design work do not cover the release of copyright design files including indd, psd, png, fla, fcp or any other source files. Should THE CLIENT require these files, they will be subject to a separate quotation or ‘buy-out’ charge.
THE CLIENT agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
THE CLIENT also agrees that 43 MEDIA holds no responsibility for any amendments made by any third party, before or after a design is published.
THE CLIENT will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and THE CLIENT will also be required to sign and return the Approval Form to 43 MEDIA. Accounts which remain outstanding for 45 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.
Payments may be made by online transfer, cash or cheque or (for overseas customers), Euro International Money Order or previously agreed electronic funds transfer.
Publication and/or release of work done by 43 MEDIA on behalf of THE CLIENT, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of €50 per returned cheque. 43 MEDIA reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 45 days from the date of final invoice, or project completion (whichever is the later date) or following a returned cheque. 43 MEDIA shall be considered entitled to remove 43 MEDIA and/or THE CLIENT’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve THE CLIENT of their obligation to pay the due amount. In the case of an account becoming default, THE CLIENT agrees to pay 43 MEDIA reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
8. Copyrights and Trademarks
By supplying text, images and other data to 43 MEDIA for inclusion in THE CLIENT’s Design Brief, THE CLIENT declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with THE CLIENT, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by 43 MEDIA on behalf of THE CLIENT, will remain the property of 43 MEDIA and/or its suppliers.
THE CLIENT may request in writing from 43 MEDIA, the necessary permission to use materials (for which 43 MEDIA holds the copyright) in forms other than for which it was originally supplied, and 43 MEDIA may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforementioned artwork, images, text, or other data to be used.
By supplying images, text, or any other data to 43 MEDIA, THE CLIENT grants 43 MEDIA permission to use this material freely in the pursuit of the design.
Should 43 MEDIA, or THE CLIENT supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, THE CLIENT will agree to allow 43 MEDIA to remove and/or replace it.
THE CLIENT agrees to fully indemnify and hold 43 MEDIA free from harm in any and all claims resulting from THE CLIENT not having obtained all the required copyright, and/or any other necessary permissions.
Any design, copywriting, drawing, idea or multimedia project including, but not limited to, audio and visual productions, created for THE CLIENT by 43 MEDIA, or any of its contractors, is licensed for use by THE CLIENT on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of 43 MEDIA and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by THE CLIENT with the appropriate authorities prior to publishing or first use, or researched and legal advice sought as to its use. 43 MEDIA will not be held responsible for any and all damages resulting from such claims. 43 MEDIA is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. THE CLIENT agrees not to hold 43 MEDIA responsible for any such loss or damage. Any claim against 43 MEDIA shall be limited to the relevant fee(s) paid by THE CLIENT.
10. Data Formats
THE CLIENT agrees to 43 MEDIA’s definition of acceptable means of supplying data to THE COMPANY.
Text is to be supplied to 43 MEDIA in electronic format such as standard text (.txt), MS Word (.doc), Pages (.pages) on CD-ROM, or via e-mail / FTP.
Images which are supplied in an electronic format are to be provided in a format as prescribed by 43 MEDIA via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and 43 MEDIA will not be held responsible for any image quality which THE CLIENT later deems to be unacceptable. 43 MEDIA cannot be held responsible for the quality of any images which THE CLIENT wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images
11. Design Project Completion
43 MEDIA considers the design project complete upon receipt of THE CLIENT’s signed Approval form. Other services following the receipt of this Approval form, either carried out directly by 43 MEDIA, or contracted on THE CLIENT’s behalf constitute a separate project and can be treated as a separate charge.
12. Travel Policy
THE CLIENT agrees to cover the financial costs of any and all Travel, Accommodation and Per Diem Expenses incurred by 43 MEDIA during the realisation of projects on THE CLIENT’S behalf, and in accordance with the conditions laid out hereafter.
If air travel is required, any and all flights exceeding 5 hours in duration will require one day of acclimatisation for all crew. In the case of a flight exceeding 10 hours in duration, Business Class tickets are applicable to all crew members.
Any and all accommodation, either local at location or, when necessary, on stop-overs will be covered by the client.
Any and all subsistence, which is not found by the client will be invoiced for at €45 per day per person.
The aforementioned conditions above, take effect only in the case that 43 MEDIA employees and crew are required to travel while completing a project on behalf of THE CLIENT.
13. Design Credits
THE CLIENT agrees to allow 43 MEDIA to place a small credit on printed material, exhibition displays, advertisements and/or a link to 43 MEDIA’s own website on THE CLIENT’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
THE CLIENT also agrees to allow 43 MEDIA to place designs and records of services provided, along with a link to THE CLIENT’s site on 43 MEDIA’s own website for demonstration purposes and to use any designs in its own publicity and portfolios, unless agreed in writing that this arrangement has been changed.
14. Rights of Refusal
43 MEDIA will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. 43 MEDIA also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that 43 MEDIA does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, THE CLIENT is obliged to allow 43 MEDIA to remove the contravention without hindrance, or penalty. 43 MEDIA is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, 43 MEDIA will need formal notification in writing to the company’s postal address. THE CLIENT will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days.
Please note: any cancellation which is not formally confirmed in writing and received by 43 MEDIA within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
16. Termination of Service
43 MEDIA reserves the right to terminate any and all services, without cause, at any time, if THE CLIENT fails to comply with any of the Terms laid out in this Agreement.
A service or project may be terminated by THE CLIENT, by following the cancellation procedures set forth in section 14, headed “Cancellation”.
In the case of a Termination of Service, THE CLIENT may be notified by 43 MEDIA initially by telephone contact, or e-mail, however following this, 43 MEDIA will provide formal notification in writing to THE CLIENT’s postal address.
43 MEDIA makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. 43 MEDIA will not be held responsible for any and all damages resulting from products and/or services it supplies. 43 MEDIA is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause.
While we take reasonable steps to investigate any materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. THE CLIENT agrees not to hold 43 MEDIA responsible for any such loss or damage. Any claim against 43 MEDIA shall be limited to the relevant fee(s) paid by THE CLIENT.
43 MEDIA reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. 43 MEDIA will not knowingly perform any actions to contravene these and THE CLIENT also agrees to be so bound.
In the eventuality that 43 MEDIA sub-contract to a Printer, 43 MEDIA and THE CLIENT agree to comply with said Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered.
43 MEDIA recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
18. Governing Law
These Terms and Conditions shall be governed and construed in accordance with the laws of France and the European Union, without regard to its conflict of law provisions.
43 MEDIA’s failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights.
If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect.
19. GDPR Compliance
43 MEDIA respects and complies with the EU General Data Protection Regulations (GDPR) as follows :
The European Parliament and the Council’s Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data that entered into force on 24 May 2016 and will be applicable on 25 May 2018 (“GDPR”). Irrespective of the general use and reference to GDPR in this Data Processor Agreement, the parties are not obliged to comply with GDPR before 25 May 2018.
As of the 25th May 2018, 43 MEDIA explains what THE CLIENT is consenting to clearly and without ‘legalese’.
Right to Access
THE CLIENT can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, 43 MEDIA shall provide a copy of the personal data, free of charge, in an electronic format.
Right to be Forgotten
THE CLIENT reserves the right to request that their data be deleted.
Privacy by Design
43 MEDIA implements the appropriate technical and organisational measures, in an effective way, in order to meet the requirements of this Regulation and protect the rights of THE CLIENT’s data. 43 MEDIA holds and processes only the data absolutely necessary for the completion of our duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing.
20. Changes of Agreement
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. 43 MEDIA reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
21. Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by 43 MEDIA, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.43media.com or upon request by THE CLIENT.
An estimate validated by THE CLIENT’s signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between THE CLIENT and 43 MEDIA.