Legal Notice

PROVISIONS OF ALL CONTRACT ILLUSTRATION, DESIGN, AND RELATED SERVICES Performed by REBECCA PRICE Creative Graphic Designer Sunnybrook Arts, Texas dba 

The below constitutes the provisions for any contractual agreement between herself, as Contractor, and any who contract for her services, otherwise referred to as, The Client. 

1. REBECCA PRICE TERMS & CONDITIONS. These Terms and Conditions apply to all supplies of goods and services by REBECCA PRICE unless otherwise agreed in writing by a duly authorised representative of REBECCA PRICE 

2. DEFINITIONS. REBECCA PRICE is referred to as Contractor. The Customer - anyone who commissions REBECCA PRICE to produce, carry out or supply a service and/or art product. Final Proof/Match Print - An accurate representation of any printed material taken from the files from which the final product is to be created. 

3. COPYRIGHT. Any copyright and design rights in relation to any artwork and physical materials resulting from the same which are originated by REBECCA PRICE as a result of an order from the customer, (including where the customer's own artwork or materials have been incorporated into the artwork, design or physical materials so originated) shall belong to REBECCA PRICE and the customer shall only be entitled to reproduce or authorise any other person to reproduce such designs or artwork whether in whole or in part with REBECCA PRICE's authorisation once the price for the same has been paid by the customer or a request is made in writing and agreed to by REBECCA PRICE. 

 4. CUSTOMER'S OWN MATERIALS. REBECCA PRICE reserves the right to reject any unsuitable materials (including without limitation any paper, plates, computer disks or CD-ROM's) supplied or specified by the customer and to make additional charges where additional costs are incurred as a result of such materials proving unsuitable during production. Customer's artwork or other materials supplied to REBECCA PRICE remain at the customer's risk and jpds accepts no liability for damage, destruction or loss thereof. REBECCA PRICE shall have a lien over any materials supplied to it by the customer against payment of all monies due to it by the customer from time to time and shall be entitled (if any sum is not paid on the due date) to dispose of such property or such sums (if any) as REBECCA PRICE shall in its discretion think appropriate towards settlement of the sums due. 

5. INDEMNITY. The customer warrants that he has full authority to reproduce any material in which copyright subsists and REBECCA PRICE reserves the right to refuse to undertake any work which infringes or appears to infringe the copyright or other intellectual property rights of any third party or which in its opinion contains any material which is an any way unlawful. The customer warrants that any design or other material furnished by him or any design material created by jpds pursuant to the customer's instructions is not defamatory or obscene or such as will cause REBECCA PRICE to infringe any intellectual property rights of any third party or any legislation for the time being in force in the United States in the performance of the contract. The customer shall fully indemnify REBECCA PRICE in respect of all costs, claims, liabilities and expenses (including any amount paid in settlement on legal advice and REBECCA PRICE's own legal costs) arising from any claim that any materials provided by the customer or design materials produced by REBECCA PRICE pursuant to the customer's instructions contains any defamatory or obscene matter or infringes the intellectual property rights of any third party. In the event of any claim being made or action brought against a customer arising out of the matters referred to in this clause, the customer shall promptly notify REBECCA PRICE thereof. 

6. PRICE VARIATIONS. Prices are based on current costs of production and any quotation is subject to increase at any time after acceptance by REBECCA PRICE of the customer's order to meet any rise or fall in such costs which are due to factors beyond REBECCA PRICE's control or due to any changes requested (including any changes in the timetable for production) or delays occasioned by the customer or failure of the customer to give adequate instructions. Unless otherwise stated all prices quoted are exclusive of any delivery or expedition charges for which the customer shall be additionally liable. 

7. QUOTATIONS. REBECCA PRICE will not be bound by any price quoted on the telephone. A firm quotation in writing will be given only after REBECCA PRICE has received full and complete instructions and examined the necessary samples and shall remain valid for a period of 14 days and no order shall be deemed accepted by jpds unless and until confirmed in writing. Where a quotation has not been given the price charged will (subject to Clause 2) be at the rate current at the date of acceptance of the order by jpds. No order which has been accepted may be cancelled without written consent of Contractor and in terms that the customer will indemnify Contractor in full against all costs incurred by it as a result of cancellation. All work undertaken at the customer's request including work of a preliminary nature will be charged to the customer. 

8. PROOFS AND ERRORS LIABILITY. Contractor shall not be liable for any indirect or consequential loss or for any loss to the customer arising from third party claims occasioned by any error, failure or delay in completing the order or by delay in delivery and in this connection, time shall not be of the essence. Where work is defective for any reason, REBECCA PRICE's liability (if any) shall be limited to rectifying such defects which are seen to be caused by REBECCA PRICE and have been notified to REBECCA PRICE in writing within (48 hours) of delivery and in any event only so far as REBECCA PRICE is reasonably able to do so. An additional charge will be made for corrections, amendments and alterations in style, color and content including typographical errors such as spelling and grammar and for additional proofs necessitated thereby. Proofs are available for customer's approval on request. No responsibility or liability will be accepted by Contractor for: (i) any errors not corrected by the customer after inspecting the proofs or where the customer declines to make such inspection; or (ii) any material for which the customer has given instructions which allow for a degree of artistic license and the customer shall not be entitled to reject such work. While every effort is made by REBECCA PRICE to ensure all grammar and spelling is correct, it is ultimately the customer's duty to ensure that this remains so. No responsibility or liability will be accepted by Contractor for any errors or omissions both typographical or color, on artwork and printed material where a cromalin proof or match print is not supplied or requested by the customer and approved by the customer prior to print. Where a cromalin proof or match print is not requested or agreed to be supplied by the customer from REBECCA PRICE after recommendation by same, the customer is indicating that he is accepting the above clause and will therefore not pursue any claim against Contractor for such. If any errors or omissions are present on a cromalin proof/match print and found to be the customers error then the customer shall be liable for the cost to correct the films from where the cromalin proof/match print was produced. 

9. DELIVERY, PAYMENT AND RISK. (A) Delivery shall be made by the customer collecting the order from REBECCA PRICE at any time after being notified it has been completed or if some other place for delivery is agreed by delivery of the order to that place.Time for delivery shall not be of the essence unless prior agreement is made to Contractor and is within reason; (B) Contractor shall be entitled to invoice the customer for the price of the order once notification of completion has been given and payment shall become due immediately. Contractor shall be entitled to recover the price notwithstanding delivery may not have taken place and legal title has not passed to the customer except in the case of approved credit account customers with whom alternative arrangements have been agreed in writing. Time of payment shall be of the essence of contract in this respect. (C) Where the order is to be delivered in installments each delivery shall constitute a separate contract. (D) In the event of the processing of the customer's order being suspended or delayed as a result of any act or omission on the part of the customer for a period in excess of thirty days, Contractor shall be entitled to immediate payment for that part of the customer's order which has been processed. (E) If the customer fails to make any payment on the due date then without prejudice to any other right or remedy available to Contractor, Contractor shall be entitled to: (i) cancel the contract or suspend any performance of the customer's order; (ii) appropriate any payment made by the customer as Contractor may think fit (notwithstanding any purported appropriation by the customer) and to charge the customer with all costs and expenses involved in collecting the overdue payment together with interest (both before and after any judgement) on the amount unpaid at the rate of 3% per month from the due date until payment in full is made (part of a month being treated as a full month for the purpose of calculating interest). (F) Legal title in the work the subject of this contract shall not pass to the customers until Contractor receives payment in full of all sums whether in respect of the work or otherwise due owing or incurred. Until legal title passes the customer shall be bailee of the goods for Contractor, but the risk in the goods shall be borne by the customer from the date of delivery or where stored in accordance with Clause 

10. The customer shall ensure that he has appropriate insurance in this connection. * * * 

11. SUPPLIES. All prices quoted are exclusive of delivery (unless otherwise stated.) Certain products have minimum system or configuration requirements.We suggest if you are unsure of what these are, that you contact us, or the manufacturer, prior to purchase, since we do not take back, for refund or exchange, any opened items that are suitable for the purpose intended. Unless we are specifically asked about requirements or compatibility, we shall assume the customer is aware of what these are. Personal and business checks are welcome, but will need to be cleared before the goods are shipped. This takes 8 working days from when we receive the check. Money Orders are acceptable and are cleared immediately. You may also transfer funds directly into my bank account, in which case goods can be shipped/uploaded straight away. Unless otherwise expressly stipulated by the Company, credit account invoices are due and payable in full 30 days after the invoice date. If an invoice becomes overdue, I reserve the right to charge interest on overdue amounts at 3% above base rate from the time the amount becomes overdue, until the invoice is paid in full. No property or title to goods shall pass from the REBECCA PRICE to the Customer until the full amount of the value of the goods has been credited to the Company's bank account, however, the customer is responsible for the goods from the time of delivery and liability to insure the goods then rests with the customer. The Company reserves the right to not accept cancellation of orders or the return of unwanted goods, however, at the Company's discretion, it may be prepared to accept cancellations or returns subject to the payment of a percentage of the original fee it agrees to. Contract cancellations must be made in writing in advance. On all Contractor's services/products, The Customer's signature will be required at time of receipt and goods cannot be left without such signature. Claims for non-delivery, missing items or damage to goods in transit must be made within 3 working days of expected delivery. Claims will not be accepted after this time. REBECCA PRICE can accept no liability for performance or late delivery of goods supplied. In any event, liability shall not be greater than the value of the goods supplied. 

12. CONSUMER RIGHTS. These terms and conditions do not and will not affect the statutory rights of a customer who is a consumer. 

13. INSOLVENCY. If: (A) the customer, being a company, makes any arrangement or composition with its creditors or has a receiver or administrator appointed or if the customer is unable to pay its debts or (B) the customer, being an individual, has a bankruptcy petition presented against him or is unable to pay his debts or becomes insolvent or makes any arrangement or composition with his creditors or takes any similar action in consequence of debt; or (C) the customer is in breach of any of its obligations under these terms and conditions then jpds may without prejudice to any of its other rights immediately suspend the performance of any order placed by the customer and shall be entitled to charge the customer, and the customer shall immediately become liable to pay, for any work already carried out (whether completed or not) including the cost of any materials purchased on behalf of the customer. 

14. WAIVER. Failure by REBECCA PRICE to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at time or times thereafter. 

15. ILLEGALITY AND SEVERANCE. If any provision hereof is held by any competent authority to be invalid or unenforcable in whole or in part the validity of all other provisions and the remainder of the provision in question shall not be affected thereby. 

16. ENTIRE AGREEMENT. These provisions constitute the entire agreement between jpds and the customer and replace all prior agreements, understandings, statements and communications between jpds and the customer. 

17. FORCE MAJEURE. REBECCA PRICE will make every effort to carry out the customer's instructions and the resulting contract but shall be under no liability if unable to carry out any provision of the contract for any reason beyond REBECCA PRICE's control (without limiting the foregoing) including the inability to secure labor, materials or supplies, breakdown of machinery, or as a result of the Act of God, war, labor dispute, fire, flood, drought, legislation, failure of power supply or any cause beyond REBECCA PRICE's control. During the continuance of such contingency the customer may by notice in writing to REBECCA PRICE elect to terminate the contract and pay for work done up to such notice for materials used but subject thereto shall otherwise accept delivery when available. 

18. GOVERNING LAW. These conditions and all other terms of the contract shall be governed by and construed in accordance with the laws of the country where REBECCA PRICE has her principal place of business. All correspondence to be made in writing to REBECCA PRICE. Rebecca Price I take an enormous amount of pride in the level of service which I provide for my clients, resulting in a long history of successfully completed projects. I strive to excel not only through a personal approach to specific project requirements, but also through improving professionalism and skill with every project undertaken.