Terms & Conditions
Conditions are terms that go to the very root of a contract. Breach of a condition will entitle the innocent party to terminate the contract.
Terms and Conditions
Last updated: July 02, 2022
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words in which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or the plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: United Kingdom
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Optimised 3D Engineering Ltd, Optimised 3D Engineering Ltd, Somerset Road, CT19 4NP.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Optimised 3D, accessible from https://www.optimised3d.com/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or £100 if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution & Liability
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. • The Company shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond it’s control including (without limiting the foregoing), Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply, Lock out, Strike by employee’s in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Customer may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto, shall otherwise accept delivery when available.
- The Customer agreed that the Company shall hold no responsibility for any amendments made by any third party after the artwork has been supplied by the Company to the Customer
- In the event of any bona fide dispute or difference arising between the parties in connection with the Contract (excluding any dispute relating to non-payment of the Charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Customer to inform the Company immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, deadline), without such information, no disputes will be entered into.
- Advice of any loss, quality or damage issues must be reported to the Company within five clear working days of delivery and receipt (whether be printed or digital) and any claim in respect thereof must be made in writing to the Company within 3 working days thereafter. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.
- Any discrepancies relating to any invoice must be reported to the Company within 1 calendar month from the date of issue. The Company reserves the right to dismiss any claims and will not be held liable in respect of any claim should the aforementioned requirement not be adhered to.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United Kingdom Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United Kingdom government embargo, or that has been designated by the United Kingdom government as a “terrorist supporting” country, and (ii) You are not listed on any United Kingdom government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Charges & Billing
- All estimated prices quoted, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly. Deliveries and couriers are additional.
- All estimates are based on expected or agreed design time and include two sets of authors corrections where alterations are called for by the Customer, or if additional changes are required by Customer.
- All charges & prices for services carried out by the Company are subject to VAT (where applicable) at the prevalent rate
- A signed purchase order (preferably with a PO number and project value) will need to be raised for the full quoted and agreed amount before work can commence.
- Where there is a change to the agreed brief, the Company will inform the Customer in advance of any extra costs likely to be incurred.
- Charges for design work do not cover the release of our copyright design source files, included but not restricted to indd, psd, AI, png or other source files or raw code. Should the Client require these files for transfer to an in-house or other designer or design agency, they will be subject to a separate quotation or ‘buy-out’ charge.
- All work is billed either monthly or on completion of project stage, or the relevant hourly charge as previously agreed.
- For all new Customers, payment for the full or part amount + VAT may be requested in advance of commencement, as agreed between parties. For any subsequent invoiced work, the Company must receive full payment not later than 30 days after the date of Invoice. The Company reserves the right to make a surcharge of 2% per month interest to accounts that are not paid by this time. Customer credit screening may affect any subsequent credit agreement.
- Once a Customer has agreed to the Company’s current Terms and Conditions on a credit account , the Company may invoice in project stages, upon stage completion unless where exceptional terms have been agreed with the client.
- The Company reserves the right to invoice for any disbursements for part works carried out including third party costs incurred on a project should the project be unable to be completed for any reason or has been delayed/put on hold by the Customer for a period of 4 weeks or more then stage invoicing will occur.
- Disbursements on behalf of any client may result in a request for payment in advance from the Customer.
- The Company reserves the right to request final payment be made prior to the handing over of final creative or digital files.
- Unless full payment has been made on the Customer’s account and all project costs have been cleared, we reserve the right to withhold future supply of goods and, in the case of web services, this may include recalling services including the hosting of websites.
- If at any point during the design or development cycle a client wishes to cancel, they may do so but will be invoiced an amount that the Company judges to be proportional to the amount of work completed on the commission and further compensatory charges for booked design time or printing press time or any other supply costs accruing.
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
- All projects are planned to an agreed schedule. Non-adherence to this schedule by the Customer may result in compromising final delivery deadlines. If this is likely to occur, the Company will advise the Customer as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs.
- Any indication given by the Company of a design project’s duration is to be considered by the customer to be an estimation. The Company cannot be held responsible for any project over-runs, whatever the cause.
- The Company shall always take commercially reasonable steps to meet the Customer’s request. Where this is not possible, an alternative, (possible less-favourable) solution may be provided.
- The Company reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Customer. Any outsourced job remains the property/responsibility of the Company and such services are deemed to be carried out ‘indirectly’ by the Company.
- Once final proofs/materials have been signed off, the Company cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.
- Whilst every effort will be made to achieve agreed delivery dates, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Company’s control.
- As part of larger projects which involve 3rd parties commissioned directly by the Customer, the Company will not be held responsible in any way for services not carried out/managed directly or indirectly by the Company.
- Where the project requires a number of products to be printed or manufactured, every endeavour will be made to deliver the correct printed quantity ordered, but estimates are conditional upon margins of 5%. The Company reserves the right to change/alter ordered amounts in the Customer’s best interest.
- The Company cannot guarantee the Customer exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore, the Company will not accept liability for any alleged claim from the Client or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.
- It remains the Customer’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Customer by the Company.
- By supplying images, text, or any other data to the Company, the Customer grants the Company permission to use this material freely in the pursuit of the design.
- All creative work produced (including words, pictures, ideas, visuals and illustrations) and devised during a project(s), creative, digital, software files and related correspondence remain the property – physically, intellectually and in copyright, of the Company unless specifically released in writing and after all release costs have been settled.
- If a choice of designs is presented as part of the creative process, only the chosen design is deemed to be given by us as fulfilling the contract. All other designs remain the property of the Company, unless specifically agreed in writing.
- Should the Company agree to provide design concepts as part of a pitch (whether free of charge or subject to a pitch fee), the design (which includes the design idea) remains the property of the Company until such time it is purchased by the Client.
- The Client has the right to reject the Company’s designs but the Company will pursue damages should the Client utilise the design concept (or the core design idea).
- The Customer agrees to fully indemnify and hold the Company free from harm in any and all claims resulting from the Customer in not having obtained all the required copyright, and/or any other necessary permissions.
- It is the responsibility of the Customer that all materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied to the Company by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. The Company will not accept responsibility/liability for infringements caused by any wrongly supplied materials.
- In good faith, the Company shall hold any supplied files, originals and materials for a period of up to 12 months. Resumption of works on an ‘open’ project would be completed according to the original schedule of costs so long as the project specification remained unaltered.
- Whilst taking every care to protect all media and correspondence supplied, the Company cannot accept liability or be held responsible financially or otherwise for any loss. Disputes will not be entered into.
- The Company reserves the right to the addition of our Company credit on printed or digital projects unless instructed otherwise by the Customer and, to the use for self-promotion any work carried out for the Customer.
- The Company reserves the right to use both initial creative concepts and final approved design work for the purposes of the Company’s marketing activities (both online and offline) unless otherwise requested/agreed with the Customer.
- Terms and Conditions may be changed at any time without prior notice.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By visiting this page on our website: https://www.optimised3d.com/about-us-product-development/