Terms and Conditions
1. Terms & Conditions
The following Terms and Conditions of Service are applicable 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 client (hereinafter referred to as “THE CLIENT”).
All work is performed by 43 MEDIA on the understanding that THE CUSTOMER has accepted the terms and conditions of 43 MEDIA.
Copyright is retained by 43 MEDIA on all design work, including text, images, ideas, visuals and illustrations, unless specifically released in writing and after any costs have been settled.
If multiple design choices are presented, only one solution will be considered ‘given’ by 43 MEDIA in performance of the contract. Any other design will remain the property of 43 MEDIA, unless an agreement is made in writing that this condition be modified.
2. Project Agreement
At the time of proposal, 43 MEDIA will provide THE CLIENT with a written quote or estimate, the Terms and Conditions of which can be found on the 43 MEDIA website (www.43media.com).
A copy of the written estimate or quote must be dated and signed by THE CLIENT to indicate agreement and returned to 43 MEDIA.
Alternatively, THE CLIENT may send a formal order in response to the quote or estimate that commits THE CLIENT to accept 43 MEDIA’s terms and conditions, or an email acknowledging acceptance of the quote.
No work will be performed on a project until the quote is accepted by THE CLIENT .
Any indication given by 43 MEDIA in the above-mentioned estimate or quote regarding the duration of a project shall be considered by THE CLIENT as an estimate. 43 MEDIA shall not be held responsible for any project overruns, regardless of cause. The estimated duration of the project should be judged from the date funds are received by 43 MEDIA for initial payment or from a date confirmed in writing by 43 MEDIA.
3. Design Fee
The estimate or quote provided by 43 MEDIA shall include the fee for design services.
Upon receipt of THE CLIENT ‘s signed acceptance of such estimate or quote, also indicating acceptance of these Terms and Conditions, a non-refundable deposit equal to 25% of the total estimate shall become immediately due. No work will be performed on the project until THE CLIENT has paid this amount.
Unless otherwise agreed upon with THE CLIENT, all design services require a deposit of a minimum of twenty-five (25) percent of the total project estimate before work is provided to THE CLIENT for evaluation.
Upon completion of the project, and prior to receiving the final work, THE CLIENT agrees to pay the remaining balance of seventy-five (75) percent of the total project estimate, paid in full, including any applicable local taxes, no later than forty-five (45) days after completion.
4. Source Files
The fee for design services does not include the release of copyright on source files of the work performed, including indd, psd, png, fla, fcp and any other source file format. In the event that THE CLIENT requires such files, THE CLIENT will be subject to additional and separate release or ‘buy-out’ fees.
5. Project Changes
THE CLIENT agrees that requested changes, which exceed the work originally planned, or requested after acceptance of the original quote or estimate, will be subject to a separate charge.
THE CLIENT also agrees that 43 MEDIA holds no responsibility for changes made by any third party, either before or after the project is published.
Prior to the final publication of the project, 43 MEDIA will provide THE CLIENT with an acceptance form and a final invoice. Upon receipt by THE CLIENT of these documents, the outstanding amount becomes due, and THE CLIENT will be obligated to return the signed documents to 43 MEDIA. Accounts remaining unpaid for 45 days following the date of the invoice will incur an additional charge equal to 5% of the total, per month.
Payments can be made by bank transfer, cash, check or (for international clients), Euro International Money Order, or by electronic funds transfer, approved in advance.
Publication and/or release of work performed by 43 MEDIA on behalf of THE CLIENT cannot take place until final payment is received.
Returned checks incur an additional charge of 50€ per returned check. 43 MEDIA reserves the right to consider an account in default in the case of a returned check.
An account will be considered in default if it remains unpaid for 45 days following the date of the final invoice, or completion of the project (whichever is later) or in the case of a returned check. 43 MEDIA will be considered authorized to remove any and all 43 MEDIA and/or THE CLIENT’s materials from any and all computer systems, until final payment is made. This condition takes into account any costs due for services, including but not limited to design and maintenance, subcontracts, printers, photographers and libraries.
Removal of these items does not relieve THE CLIENT of its obligation to pay the amount due. In the event of a defaulted account, THE CLIENT agrees to pay reasonable legal fees and third party collection agency fees pursuant to these Terms and Conditions.
8. Copyright and Trademarks
By providing text, images and other data to 43 MEDIA for inclusion in the Design Brief, THE CLIENT declares that he/she holds the copyright and/or appropriate authorization of these elements. The ownership of these elements will remain with THE CLIENT, or the owner of the rights.
Any work, image or text provided 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 permission from 43 MEDIA in writing to use material (for which 43 MEDIA holds the copyright) in forms other than originally intended, and 43 MEDIA may, at its discretion, grant such permission. Such permission must be obtained in writing before it will allow the use of the above mentioned elements.
By providing images, text or any other data to 43 MEDIA, THE CLIENT grants 43 MEDIA permission to use such elements freely in the furtherance of the design.
If 43 MEDIA, or THE CLIENT provides an image, text, audio clip or other file for use in a website, multimedia presentation, print, exhibition, advertisement or other medium believing it to be free of copyright, which is subsequently discovered to have such rights limitations, THE CLIENT will allow 43 MEDIA to remove the item in question and/or replace it.
THE CLIENT agrees to fully indemnify and hold harmless 43 MEDIA in any claim arising in the event that THE CLIENT has not obtained all necessary copyright and/or permissions for the use of any item that THE CLIENT has provided.
Any design, writing, 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 suppliers, is provided for the sole use of THE CLIENT, and may not be altered, reused, or re-distributed in any manner, without the express written permission of 43 MEDIA and/or its supplier.
All design work – where there is a risk that a party will make a claim, must be registered by THE CLIENT with the appropriate authorities prior to publication or first use. 43 MEDIA shall not be liable for any damages resulting from such claims. 43 MEDIA shall not be liable for any consequential loss or damage, non-delivery of products or services, however caused. THE CLIENT agrees not to hold 43 MEDIA liable for any loss or damage. Any claim against 43 MEDIA shall be limited to the corresponding amount(s) paid by THE CLIENT.
10. Data Formats
THE CLIENT agrees to 43 MEDIA’s definition of acceptable means of providing data. Any text must be provided to 43 MEDIA in electronic format as Standard Text (.txt), MS Word (.doc), Pages (.pages) on CD-ROM, or via e-mail/FTP.
Any images provided in electronic format must be provided in a format as prescribed by 43 MEDIA on CD-ROM, or via e-mail/FTP. Images must be of a quality suitable for use without the need for image processing, and 43 MEDIA shall not be liable if THE CLIENT finds the quality of the image unacceptable. 43 MEDIA shall not be responsible for the quality of any image provided by THE CLIENT in pre-printed format.
Additional charges may be incurred for any necessary action, including, but not limited to, photography and art direction, photo research, media conversion, digital image processing, or data entry services, colour correction and image editing.
11. Design Project Completion
43 MEDIA considers a design project completed upon receipt of the acceptance form, signed by THE CLIENT. Other services provided, following receipt of this acceptance form, whether conducted directly by 43 MEDIA, or contracted on behalf of THE CLIENT, constitute a separate project and may be subject to a separate invoice.
12. Travel Policy
THE CLIENT agrees to pay for all travel, accommodation and Per Diem expenses incurred by 43 MEDIA during the execution of projects on behalf of THE CLIENT, and in accordance with the conditions below.
If air travel is necessary, any flight exceeding 5 hours in duration requires a day of rest for the 43 MEDIA team. In the case of a flight exceeding 10 hours in duration, Business Class tickets are applicable for the entire 43 MEDIA team.
Any accommodation, local to the project or en route, will be paid for by THE CLIENT.
Any subsistence, not provided by THE CLIENT will be charged at 45€ per day per person.
The above mentioned conditions are only applicable if 43 MEDIA team members are required to travel in order to carry out a project for THE CLIENT.
13. Design Accreditation
THE CLIENT agrees to grant 43 MEDIA permission to place a small accreditation on any print, exhibition poster, advertisement and/or to put a hyperlink 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 grant 43 MEDIA permission to place designs and recordings of the services provided, with a link to the CLIENT’s own website, on 43 MEDIA’s own website for demonstration purposes and to use the designs in its own advertising or portfolio, unless this condition is modified in writing.
14. Rights of Refusal
43 MEDIA refuses to include in its designs any text, image or other data that we deem to be immoral, offensive, obscene or illegal. All advertising material must comply with all standards set by the competent authorities of advertising standards. 43 MEDIA also reserves the right to refuse to include submitted material without giving a reason. In the event that any element, included by 43 MEDIA in a design, becomes or is subsequently found to be in contravention of these Terms and Conditions, THE CLIENT is obliged to allow 43 MEDIA the right to remove the contravention without hindrance, nor penalty. 43 MEDIA shall in no event be liable for the inclusion of any such item or contravention.
Cancellation of an order may be made initially by telephone, or by e-mail, however, following this, THE CLIENT agrees to provide formal notification in writing to THE COMPANY’s mailing address. THE CLIENT will then be billed for any work already performed, above the non-refundable deposit, which was paid at the time of the initial order. The balance of the amount due must be paid within 30 days.
Please note: any cancellation that is not formally confirmed in writing and received by 43 MEDIA within 14 days of an initial cancellation contact will result in payment of the full cost of the project.
16. Termination of Service
43 MEDIA reserves the right to terminate any service and project, without cause, at any time, if THE CLIENT fails to comply with the Terms and Conditions expressed in this agreement.
A service or project may be terminated by THE CLIENT by following the cancellation procedures explained in Section 15, entitled “Cancellation”.
In the event of a termination of service, THE CLIENT may be notified by 43 MEDIA initially by telephone contact, or by e-mail, but thereafter 43 MEDIA will provide formal written notification to THE CLIENT’s postal address.
17. Legal Disclaimer
43 MEDIA makes no warranty of any kind, express or implied, for any product and/or service provided. 43 MEDIA shall not be liable for any damages resulting from the products and/or services provided. 43 MEDIA shall not be liable for any loss or damage to data, or non-delivery of products or services, however caused.
While we take reasonable steps to investigate all materials we recommend, we disclaim any responsibility for the performance or quality of the materials or for any loss arising from their failure. THE CLIENT agrees not to hold 43 MEDIA liable for any loss or damage. Any claim against 43 MEDIA shall be limited to the corresponding fee paid by THE CLIENT.
43 MEDIA reserves the right to use the services of subcontractors, agents and suppliers, and all work, content, services and usage is bound by their Terms and Conditions. 43 MEDIA agrees not to knowingly take any action in violation of them and THE CLIENT also agrees to be so bound.
In the event that 43 MEDIA subcontracts to a Printer, 43 MEDIA and THE CLIENT agree to abide by the Printer’s Terms and Conditions, which include legal warnings for failure to meet deadlines and the flexibility to supply quantities at 10% of the total ordered.
In the event of an exact quantity requirement, 43 MEDIA advises that an additional 10% be added to the quantity ordered, and that additional time be made available in the event that the job is delayed.
18. Applicable Law
These Terms and Conditions shall be governed by 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 shall not be deemed a waiver of such rights.
If any provision found in these Terms and Conditions is found by a court to be invalid or unenforceable, the remaining provisions of these Terms and Conditions shall remain in effect.
19. Changes to the Agreement
These Terms and Conditions supersede any previously distributed version, regardless of format. 43 MEDIA reserves the right to change its rates and Terms and Conditions at any time without notice.
20. Acceptance of Terms and Conditions and Quotation
Placing an order for design and/or other services offered by 43 MEDIA, by email, verbally or in writing, shall be deemed acceptance of these Terms and Conditions, which are freely available at www.43media.com or upon request by THE CLIENT.
An estimate or quotation validated by THE CLIENT’s signature on the quotation, constitutes acceptance of the estimate or quotation, as well as an agreement to comply fully with all of the Terms and Conditions, and also forms a contract between 43 MEDIA and THE CLIENT.