This document is to be viewed by all involved parties as a binding and insoluble contract in agreement to the terms stated below. By signing the sales agreement presented to you, you authorise 2am Creative Ltd T/A 2am (hereafter referred to as “2am, “we” or “us”) to proceed with the creation of the product as discussed and confirmed on the order form.
2am Creative Ltd trading as 2am. VAT No. 781343428 Registered No. 3964511 Registered Office: The Old Barn, Mill Farm, Fleetwood Road, Wesham, Preston, PR4 3HD.
2am’s office hours are 9:00am – 5:00pm, Monday to Friday.
In order to deal more effectively with your queries, we ask that you put any questions to us in writing. This system allows us to distribute questions to the appropriate departments, and thereby respond to you, more efficiently. There are three ways to contact us: Email: firstname.lastname@example.org & for amendments, Post: 2am, The Loft, Mill Farm, Fleetwood Road, Wesham, PR4 3HD, Telephone: 01772 686222. If you choose to contact us by telephone, please be aware that we record our calls on occasion.
A final proof will be provided, agreeing to this proof confirms that you agree to the design and contents of the document as depicted on the final proof. With this agreement you absolve 2am of all liability for any errors, omissions or discrepancies that may be present on the final proof. Once you have agreed to the final proof, you are not able to make any changes to the final product (excluding the information covered in “Exceptions” – see below), nor are you able to hold 2am responsible for anything you are unhappy with. This contract revokes your right to take any kind of action against 2am for any aspect of the work with which you are later dissatisfied. As long as the finished product is as discussed and consistent with the proof supplied, you must pay in full for the work. This fact applies whether or not you later take issue with any aspect of the product. These terms are final and non-negotiable. This is your final opportunity to make changes to the content.
If a change is requested, we will do everything we can to make the correction before the development starts, but we cannot guarantee this. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as agreeing to a proof absolves us of all liability (see “Proof Agreement” above). Any changes made after a proof is signed off will result in a further film charge.
Customers agree to pay a deposit of 50% of the final bill upon ordering and to pay the outstanding balance in instalments, the payment dates for which will be outlined and agreed before the project commences. The final instalment will be payable once all services have been fulfilled, unless otherwise agreed. Work will not commence until the deposit has been received. The deposit is required in order to reserve studio time and is therefore non-refundable once work has commenced, as we are unable to claim back any studio time that has passed. Existing customers agree to adhere to the terms stated on the invoice, this being strictly 30 days, unless otherwise stated. All third party costs, for example print, hosting, domain purchases etc, must be paid for in advance of delivery, unless otherwise stated.
The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself. Supplying us with suitable material will, therefore reduce the time spent on design and, thereby, the final charge. VAT is charged at the current Customs & Excise rates and according to current regulations, irrespective of whether or not it is included in a price quotation. 2am as standard invoice for work as and when each stage is completed, for example after concept, artwork, development etc. By making a payment for a stage you are entering into an agreement with 2am that this stage of work has been completed, any additional work including alterations to work done will be charged at our standard hourly rate.
For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 5% above the Barclays base rate at the time and an administration fee to cover the debt recovery costs.
Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming & copy belong to 2am. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. As part of these terms you agree to indemnify from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork we produce for the purposes of promoting our services unless you request otherwise in writing. Unless otherwise agreed all websites designed by 2am must retain a link back to a 2am website.
2am accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.
2am accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our 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 or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
2am shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond 2am’s control.
2am support the most common browser types including: Internet Explorer, Safari, Firefox, Chrome and Opera. We support the most recent version of these browsers. If compatibility is required with any browser that we do not support there will be an additional development cost.
2am’s team supports websites on Linux servers; if a website’s hosting is moved from a 2am server to an alternative server, 2am may not be able to support the server. When entering into an hosting agreement, unless otherwise specified 2am retain control of your website’s files to guarantee security and performance. 2am reserve the right to choose a server hosting partner and retain the ownership of the server. Unless otherwise stated your website may be hosted on a server with other 2am websites and applications. If 2am suspects that your website has become in any way compromised, we reserve the right to automatically disable the website until any issues have been rectified.