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Terms & Conditions - Jacamar (UK) Limited

The Client : The company or individual requesting the services of Jacamar.

Jacamar: Jacamar (UK) Limited including any employee or designated representative.

Print based projects

Estimates: All estimates are based on the currently known details of the work involved and may exclude scanning of images or supply of library images. Should the specifications change at a later date, costings given are liable to go up or down accordingly.

Acceptance of projects: Projects will only be accepted along with either a signed purchase order, or signed ‘Confirmation of order’ (supplied by Jacamar). Verbal ‘go-ahead’s are not sufficient.

Imagery: All scanning of originals charged at £19 each. Supply of Jacamar library images from £35 each. Sourcing and supply of new imagery from photographic libraries from £45 each. New photography, new diagrams and/or illustration work quoted upon brief.

Management of changes: 2 sets of minor client changes are usually allowed for within an estimate. Each ‘set of minor changes’ must be submitted to Jacamar as a ‘single set’. All further requested changes will be itemised and charged at our studio rate. If quotes are required, the request must be made before the additional work is started.
In the case of concept and design work, which inherently involves subjective opinion, the prices quoted for this part of a project remain chargable regardless of the client's view upon the work involved. However, in practice it is extremely rare that we fail to please with our work, and should differences of opinion occur, we are quite flexible in working towards a mutually agreeable solution.

Proof acceptance: Printer’s proofs should be considered the final check for accuracy and quality control. No responsibility can be accepted for artwork errors after proof acceptance.

Rejection fees: Should a project be cancelled or postponed by the client part-way through, Jacamar reserve the right to charge for all hours (at our standard rates) and expenses incurred to-date.

Payment: Invoice payments are due strictly 30 days from invoice date unless stated otherwise. Delayed payment of outstanding invoices may result in current projects being put on hold. Any project lasting for more than one calendar month may be stage invoiced monthly.

Copyright: Unless otherwise indicated (usually the case for illustration and commissioned photography), the output (physical end product) of Jacamar (UK) Ltd becomes, after full payment, the property of the client organisation. However, all preparatory materials (sketches, imagery, computer files, films, plates, etc.) remain the property of Jacamar (UK) Ltd, and will not be supplied to the client unless negotiated seperately.

Storage: Jacamar will undertake to store all non-supplied project-related materials for a minimum period of 13 months from project end. Jacamar may dispose of all and any goods after this period without notice.

Web based projects

Whilst every endeavor is made to ensure that our websites and their scripts or programs are free of errors, Jacamar cannot accept responsibility for any losses incurred due to malfunction within the websites or their hosting facilities.

The website, graphics and all programming code remain the property of Jacamar until all outstanding accounts are paid in full.

Any scripts, cgi applications, asp scripts, or software (unless specifically agreed) produced by Jacamar remain the copyright of Jacamar and may only be commercially reproduced or resold with the permission of Jacamar.

Jacamar cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to briefs provided will only be carried out at the discretion of Jacamar and where no charge is made by Jacamar for such additions, Jacamar accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. Where additions are over and above the level that Jacamar is prepared to include without charge, an additional fee will be made. If clients wish to be notified of charegable extras, this must be requested at the time of requesting the additions.

Jacamar will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Jacamar will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

Jacamar will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the client's appointed agents.

Jacamar will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers or software.

Once a website has been designed and completed, any balance of payment is then due in accordance with our payment terms. If the client decides they no longer want the site, as they have commissioned the work and agreed to the stated costs, they are still obliged to pay for the work that has been carried out. Once full payment is received for a website, it is assumed that the project has been completed to the client's satisfaction.

Database, Application and E-Commerce Development: Jacamar cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client to ensure that all software is functioning correctly before and during use.

Any scripts, applications or software (unless specifically agreed) written by Jacamar remain the copyright of Jacamar and may only be commercially reproduced or resold with the permission of Jacamar.

The client is expected to test fully any application or programming relating to a site developed by Jacamar before being made generally available for use. Where 'bugs', errors or other issues are found after the site is live, Jacamar will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Compatibility: Jacamar will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with in Microsoft Internet Explorer and to an acceptable level with Firefox. Jacamar can offer no guarantees of correct function with all browser software.

Website Hosting: Jacamar cannot accept liability for losses caused by the unavailability, malfunction or interruption of provided hosting services, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Jacamar reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial

Website Optimization: Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. We cannot accept liablility for any change in rankings, nor drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.