GENERAL
1. Prices
Pentagon shall charge for work at prices stated on our hourly rate, current at time of order, unless agreed otherwise in writing before the work starts. All prices quoted are assumed to be exclusive of materials, delivery charges and VAT.
2. Quotations
Pentagon will quote prices and estimate delivery times for any job upon request.
A) Quotes and delivery estimates are provided subject to sight of final brief.
B) Quotes are provided with the inclusion of 3 revisions (A, B & C). For further revisions beyond C, our hourly rate is billed accordingly.
C) Customers are urged to check specifications and conditions in any quote. All additional work, requested outside of the original brief and provided quote, shall be chargeable at our standard hourly rate, unless otherwise agreed in writing.
D) Quotes are checked for accuracy. However, Pentagon reserves the right to decline work if an error occurred in the quote.
E) A copy of the Acceptance of Quotation (if provided) must be returned signed and dated before the commencement of any work can begin. This will be accepted as indication that these terms & conditions have been read and agreed to.
3. Payments
The customer shall pay invoices for work ordered within 30 days from the date of invoice.
Pentagon reserves the right to charge interest on all overdue sums (including interest charges for late payment) at the rate of 2.5% per month, payable on demand.
4. Verbal Instructions
The customer is urged to issue all instructions in writing and to confirm telephone instructions
by email/fax. Pentagon will use its best endeavours to follow instructions given verbally, but
shall except no responsibility or liability for work carried out on this basis.
5. Delays
Pentagon will not be liable for any costs incurred, compensation or loss of earnings due to material or information received late from the client or suppliers. Pentagon reserves the right to charge extra for work which, as a result of being supplied late, must be executed more quickly than originally agreed.
If work is delayed or cancelled without prior arrangement, by more than seven days due to customer approvals, material supplied late, or for any reason that is beyond the control of Pentagon, Pentagon shall be entitled to payment for all work already carried out, whether or not completed or delivered.
6. Liability
Pentagon’s liability to the customer for any damage or expense caused by a failure to discover any defect/error in the work or supplied items, shall be limited to a sum equal to the amount Pentagon charges for those items or work effected. Pentagon cannot be held liable for any errors, failures, defects, or delays in the work caused by the supply of unsuitable specifications, instructions or material supplied by the client.
A) All copy/content supplied by the client is received as final copy and is assumed to have been fully proof read, grammatically accurate and spell checked. All text generated by Pentagon will be provided to the client for approval. Once Pentagon receives sign-off from the client, it is assumed all copy and content is fully approved and proof read by the client.
B) Pentagon is not liable for any copyright infringements of imagery supplied by the client. Imagery supplied by the client for use in any project is assumed that copyrights or permissions are assigned to them to use such imagery.
7. Force Majeure
Pentagon shall have no responsibility to the customer in the event of any failure, delay or default due in whole or part to:-
A) Circumstances beyond the control of Pentagon.
B) Fire, power failure, mechanical or software failure, media storage corruption and unavoidable shortage of materials.
C) Industrial disputes or third party actions.
8. Ownership
Until work carried out by Pentagon is paid for in full, including interest for late payment, legal and beneficial ownership shall remain with Pentagon, and the customer shall hold the work on a fiduciary basis. Notwithstanding the above, the customer may sell on the work in normal course of business, in which case Pentagon ownership shall attach to the proceeds of the sale.
9. Intellectual Property
Any creative elements in Pentagon’s work are supplied only as a limited licence for use to the extent specified in (or that could be assumed from) the original order. Pentagon shall retain full legal and beneficial ownership of such creative work and no additional or subsequent use or commercial exploitation may be made without Pentagon’s expressed permission in writing.
10. Indemnity & Libel/Obscenity
The customer shall fully and effectively indemnify Pentagon against all costs, expenses, damages and losses in connection with any third party proceedings with respect of goods produced, worked on or work carried out by Pentagon, including claims and proceedings relating to copyright, trademarks, patents, industrial property, libel and obscenity.
11. Customer Default
If the customer shall be in default, or if Pentagon has reason to believe that the customer will be unable or unwilling to discharge its obligations, then Pentagon may cease work without any liability and give notice to the customer that payment for anything supplied under the contract between the two parties is due and payable immediately. Without prejudice to other remedies, Pentagon shall in respect of all unpaid debts due from the customer have a general lien on all goods and property in its possession, and shall be entitled to dispose of such goods or property as it thinks fit in order to apply the proceeds towards such debts.
12. Subcontracts
Outside of our core services Pentagon may subcontract work to a third-party, but Pentagon shall remain liable to the client for this work. We add a discretionary mark-up/handling charge at industry standard rates unless agreed otherwise in writing with the client prior to commencement of this work.
13. Divisibility of Contract
All contracts between Pentagon and its clients are divisible. Each delivery made (i) shall be deemed to arise from a separate contract, and (ii) shall at Pentagon’s discretion be invoiced separately.
14. Different Conditions
These conditions override any differing conditions which may appear on the customer’s order, and may be modified only with the written consent of Pentagon.
15. Governing Law
The resolution of any dispute shall be governed by the Laws of England.
16. Publicity Rights
Pentagon are entitled to claim authorship for designs/products reproduced wholly or substantially to its design. The customer agrees to give us credit where appropriate in all press, publicity and online material. Pentagon appreciate the opportunity to see such material before publication. We reserve the right to use our commissioned design work in self-promotional literature, advertising and websites.
PRINTING TERMS
17. Proofs
Pentagon cannot be held liable for final printed items that do not match original inkjet / laser / screen visuals presented in the design process. Due to different printing processes / methods / stock, and digital display differences, final printed colours will vary. Pentagon accepts no responsibility for items printed from artwork supplied without a proof being supplied for approval.
18. Printing
Pentagon shall sub-contract all print orders. Likeness in colours may vary on print runs and on reprints using the same colour. We are not liable for colour variations that are beyond our control. Printed colours vary between spot colours and 4 colour process (CMYK), and between lithographic and digital printing, etc.
19. Acceptance of Printed Work
The customer shall inspect all work immediately on receipt, and give notice of any alleged defects in writing to Pentagon within three working days of delivery. Failing such notice, the work shall be deemed to have been acceptable and therefore will be liable for payment.
WEBSITE DESIGN & DEVELOPMENT SERVICE TERMS
Read our Website Design, Implementation and Support Services Terms and Conditions here.