CVA Media Terms and Conditions  
  Commercially aware design for a competitive world  
We know this small print looks rather tedious, but we would encourage you to read on as these professional terms form the basis of what we hope will be a mutually profitable and agreeable relationship.

Price variation. Quotations are based on CVA Media Ltd's current costs of production and market rates relating to print, paper and similar materials. All quotations are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs that are out of our control. However, we aim to honour any quotation for a period of at least 30 days from date of issue, and will notify the customer at the earliest possible opportunity if market conditions make a price variation unavoidable during production.

Product. Any Artwork, Film or Bromide, Positive or Negative, Proofs, Colour Matchproofs, Visuals or Presentation material including any Printed and/or Finished Material produced for the Customer or a third party by CVA Media Ltd or its agents. This also includes all banner advertisements and whole or part digital files or images created for broadcast on the Internet.

Checking proofs. Proofs of all work will be submitted for customer's approval and CVA Media Ltd shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customer's alterations and additional proofs necessitated thereby may be charged extra. When style type or layout is left to CVA Media's best judgement, additional changes made by the customer may be charged extra. In situations where no customer representative is available to check such proofs and CVA Media must make judgement for the sake of timely product delivery, we shall exercise all possible care, but shall incur no liability for any errors or omissions so caused. Similarly, if no customer representative is available to check final proofs, CVA Media reserves the right to suspend production without liability until such a time as those proofs can be checked.

Schedule: The agreed schedule will be adhered to. However, the client agrees any delay with respect to to the provisions of Client Materials, approvals, or other assistance to CVA shall extend the deadline for subsequent tasks or milestones set forth in the agreed schedule by a period at least equal to the clients delay. In addition, for any client obligation described as time sensitive or critical, failure of the Client to meet its deadline will entitle CVA to prepare a revised Schedule based on a realistic estimate of the effect of the delay on the completion of work, taking into account other work scheduled by CVA.

Keeping the Exchequer happy. CVA Media Ltd reserves the right to change the amount of any taxes, value added tax, duties or royalties, etc, which are payable whether or not included on the estimate or invoice.

We like to advertise. Unless otherwise agreed, products will usually carry a discreetly sized and positioned CVA Media Ltd imprint including contact detail such as telephone number, e-mail or web address or hyperlink.

If your copy leaves something to be desired. A charge may be made to cover any additional work involved where copy supplied is not clear and legible.

Copyright on requested content. The customer shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs, text etc. The customer agrees to indemnify CVA Media Ltd and its agents from any claim arising from any breach of this condition.

The cost of presentations or preliminary work. All work carried out, whether experimental or otherwise, at the customer's request may be charged, and if this is the case such a charge will be notified to the customer before commencement.

Delivery, ownership and payment. Delivery of work shall be accepted as having occurred when products are delivered (which includes completion to specification of web products). On certain classes of work CVA Media Ltd reserves the right to insist upon payment being received prior to the commencement of work.
Normal conditions will result in an invoice being raised on delivery with full payment being made within 30 days of invoice date. CVA Media Ltd reserves the right to levy interest charges on sums outstanding from 31 days.
(i) Notwithstanding delivery and the passing of risk in any completed work, or any other provision of these conditions, the physical property and intellectual property in any preliminary or completed work shall not pass to the Customer until CVA

Media Ltd has received in cash or cleared funds payment in full of the price of all the preliminary or completed work and all other work agreed to be carried out by CVA Media Ltd for the Customer for which payment is then due.
(ii) Until such time as the property including intellectual rights in any work carried out by CVA Media Ltd for the Customer passes to the Customer, the Customer shall hold such work as CVA Media Ltd fiduciary agent and bailee and shall keep such work separate from that of the Customer and third parties and properly stored, protected and insured and identified as CVA Media Ltd Property. Until that time the Customer shall be entitled to resell or use such work, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Customer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.

(iii) Until such time as the property in such work passes to the Customer (and provided such work is still in existence and has not been resold), CVA Media Ltd shall be entitled at any time to require the Customer to deliver up such work to CVA Media Ltd and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where such work is stored and repossess that work.

(iv) The Customer shall not be entitled to pledge or in any way change by way of security for any indebtedness any of such work as remains the property of CVA Media Ltd but if the customer does so all moneys owing by the Customer to CVA Media Ltd shall (without prejudice to any other right or remedy of CVA Media Ltd) forthwith become due and payable.

Liability and rush deliveries.
(a) CVA Media Ltd will not accept any liability for any error or variation of quality howsoever caused if the Product is not checked by the Customer or his agent immediately upon delivery by CVA Media Ltd to the customer (or elsewhere at the Direction of the Customer) and prior to any further production work of any kind including (without prejudice to the generality of the foregoing) printing or the commissioning of artwork.
(b) CVA Media Ltd will endeavor to correct any unacceptable product provided that CVA Media Ltd is notified in writing prior to any subsequent production cycle. CVA Media Ltd's liability in any such case will not exceed any in-house costs attributable to any one project as detailed on the relevant quotation or estimate. On acceptance of the product the Customer indemnifies CVA Media Ltd from any cost incurred by him or a third party resulting from any Product supplied by CVA Media Ltd and takes full responsibility for any error or variation of quality of any subsequent product.
(c) Should expedited or rush delivery be agreed an extra sum may be charged to cover any overtime or any other additional costs involved. These sums will be generally agreed beforehand.
(d) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days CVA Media Ltd shall then be entitled to payment for work already carried out and reserves the right to alter estimated costs for such work when viewed outside of a project context, materials specifically ordered and any other additional costs including storage.

Completion dates. Although CVA Media will make every effort to comply with agreed completion dates, these are not guaranteed unless specified and paid for and the required date notified and accepted in writing. In the event of such a guaranteed completion date not being met then CVA Media Ltd liability will only extend to the refund of any extra charge(s) made for the specified completion.

Variation in quantity. Every endeavor will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5% for work in one colour only and 10% for other work being allowed for overs and shortages. Refunds or additional charges for such variations may be made and shall be based upon the run-on costs specified within relevant quotations.

Claims. Any query regarding the invoice or the goods supplied must be made to CVA Media Ltd in writing within 7 days of invoice date or delivery date whichever is latest. Any query regarding non delivery must be made within 14 days of invoice date. Claims outside this limit will not be entertained. CVA Media Ltd shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer shows that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.

Standing material. (a) Metal, film, glass, magnetic media and other materials owned by CVA Media Ltd or its agents and used by it in the production of type, plates, moulds, stereotypes, electrotypes, film-setting negatives, positives, digital Internet broadcast files and the like remain its exclusive property. Such items when supplied by the customer shall remain the customer's property. Under normal circumstances this standing material, including any original artwork, will be retained on file for a period of one year after which time CVA Media Ltd reserves the right to dispose of it. Duplicate copies can be supplied for an additional charge should the customer request them.

(b) Not withstanding the above lithographic, photogravure or other work may be effaced, film or bromide destroyed and magnetic media erased immediately after the order is executed unless specific written arrangements are in place. In the latter event, rent or digital archival costs may be charged. It is the Customers responsibility to advise CVA Media Ltd if it is deemed probable that a reprint or reuse of any such materials is likely in order that suitable storage can be arranged.

Customer's property (a) Customer's property, including transparencies from any source (including photo libraries), and all property supplied to CVA Media Ltd or its agents on behalf of the customer shall while it is in the possession of CVA Media Ltd or its agents or in transit to or from the customer be deemed to be at customer's risk unless otherwise agreed in writing and the customer should insure accordingly.
(b) Whilst every care is taken, CVA Media Ltd and its agents cannot accept responsibility for the loss or damage to artwork, photographs, transparencies etc. Any liability shall be limited to the replacement cost of the basic material only.

Material supplied by the customer. (a) CVA Media Ltd or its agents may reject any magnetic media, paper, plates or other materials supplied or specified by the customer which appear to it to be unsuitable.
Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or part of such additional cost could have been avoided but for unreasonable delay by CVA Media Ltd or its agents in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
(b) Where materials are so supplied, CVA Media Ltd or its agents will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by the unsuitability of materials so supplied or specified.
(c) Quantities of materials supplied shall be adequate to cover normal spoilage.

Customer insolvency. If the customer ceases to pay his debts in the ordinary course of business, or cannot pay his debts as they become due or being a company deemed to be unable to pay his debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him CVA Media Ltd without prejudice to other remedies shall;
(i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it and in respect of all unpaid debts due from the customer have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property in such manner and as such price an it thinks fit and to apply the proceeds towards such debts.

Illegal matter. (a) CVA Media Ltd or its agents shall not be required to produce any matter which in its opinion is or may be of an illegal or libelous nature or an infringement of the proprietary of other rights of any third party.
(b) CVA Media Ltd reserves the right to refuse to produce any matter which in its opinion, may be prejudicial or detrimental to the good of its business.
(c) CVA Media Ltd or its agents shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libelous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material produced for a customer. The indemnity shall be extended to any amount paid on a lawyer's advice in settlement of any claim.

Quality of reproduction. Every effort will be made to obtain the best possible reproduction on customer's work but because of the processes involved CVA Media Ltd and its agents shall not be required to guarantee an exact match between the customer's original photograph, transparency or artwork and the printed or digitally published article. It is the customer's own responsibility to ensure that the photograph(s), transparency(ies) or artwork submitted are suitable for the work in hand. CVA Media Ltd cannot accept liability for results caused by unsuitable or inferior originals.

Customer's who require reproduction of a specific standard and who wish to check the reproduction prior to printing, must order a full colour proof when placing the order and accept any additional charges for unscheduled work required in the pursuit of such standards (such as special colours).

Force majeure. CVA Media Ltd or its agents shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock out, strike or other action taken by employees in contemplation of furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such contingency the customer may by written notice to CVA Media Ltd elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

Law. These conditions and all other express terms of the contract shall be governed and constructed in accordance with the Laws of England.

Issued: 01.06.01

Bank Details:

Graham Wilson
Bank of Scotland
14-16 Cockspur Street
London SW1Y 5BL

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