These terms and conditions (“the Terms”) govern every contract made between Touch Digital Limited (“Touch Digital”) for the supply of goods and services by touch digital to any person, firm or company (“the Client”).
The Terms prevail over any written terms and conditions of the client.
Any variation to the Terms must be agreed in writing by a Director of Touch Digital.
All contracts between Touch Digital and the Client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.
Price and payment
The Client will pay Touch Digital the price set out in Touch Digital’s current price list which Touch Digital can change at any time, plus VAT at the current rate.
Invoices from Touch Digital to the client for supply of goods or services should be paid in full within 30 days of the date of the invoice by cheque
If the client does not have a credit account with Touch Digital, goods or services must be paid for on collection of the completed job. Payment can be made by cheque or cash.
Touch Digital reserves the right (without disclosing a reason) to demand payment for work on collection at any time.
The client will pay Touch Digital any expenses incurred by Touch Digital in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
The Client will pay the full amount in the correct currency on the invoice. The Client shall be responsible for all customs and other duties and all related costs and expenses payable on any international transaction.
Orders for work must be given in writing to Touch Digital by the Client.
If Touch Digital accepts a verbal order from the Client then Touch Digital will not be held responsible for any mistakes (made by either party) arising from a verbal order. Touch Digital reserves the right to refuse to accept any order.
All quotations given by Touch Digital will be valid for 30 days from the date of the quotation.
If the Client’s final order changes from the original specification made for the quotation, Touch Digital reserves the right to vary the quotation.
Turnaround times which are quoted in the price list and web site are normal target times only and Touch Digital accepts no liability for failure to meet these times.
Some transparencies and/or negatives do not have the exact same proportions as certain paper sizes. If this is the case, the Client must inform Touch Digital if they require the full image area (full frame) to be printed or if Touch Digital should crop the image to fill the desired print size. If no instructions are given, Touch Digital will print the full frame.
Unless stated by the Client, Touch Digital will decide, at its sole discretion, which print surface to use (either semi-matt or gloss).
Touch Digital will not accept responsibility for loss of earnings to the Client for un-transmittable data.
Touch Digital will, if requested by the Client scan images to a colour balance provided by the Client by way of reference prints or polaroids.
If no such request or reference material is provided by the client, Touch Digital will scan the images If no such request or reference material is provided by the client, Touch Digital will scan and/or print images using its own ‘judgement’ for colour balancing.
Touch Digital will not accept liability for loss or damage to the Client resulting from Touch Digital’s own ‘judgement’ for colour balancing.
If any items of work including prints and original film belonging to a Client is not collected after 12 months of the requested work being done, Touch Digital reserve the right to dispose of such material.
Archiving of Digital Material
Touch will only archive completed digital images if requested by the client in writing. It is the responsibility of the client to ensure they have copies of the finished images. There will be a charge for retrieving files from the digital archive. Touch claims no responsibility for ensuring the digital archive is secure and does not guarantee safe storage of images.
Copyright and moral rights
Touch Digital claims no copyright in material submitted to Touch Digital by virtue of work undertaken by Touch Digital on behalf of the Client.
The Client warrants that the Client owns or controls all rights, has obtained all copyright, or has permissions, consents and waivers that as are now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by Touch Digital.
The Client also warrants that no copyright or moral rights will be infringed by Touch Digital carrying out the requested work.
The Client agrees to indemnify Touch Digital against all losses, damages, claims or expenses which Touch Digital may incur by virtue of any breach of the above warranties.
The Client must contact Touch Digital concerning details of an invoice within 30 days of the date of the invoice.
Touch Digital’s liability to the Client or any other party for the loss (including theft) or destruction or damage to any materials provided by the Client which are deposited with Touch Digital for whatever reason:-
Will be limited to the replacement cost of the actual material and;
Touch Digital will not be liable for the cost of re-shooting or re-printing the material contained on the material and;
Touch Digital will not be liable for any loss or damage to the Client or any other party including loss of income and;
It is the Client’s responsibility to insure against such loss and damage.
Whilst every possible care is taken with your material, we do not accept any liability beyond the cost of replacing the raw material, whether as a result of negligence by Touch, its servants, agents or sub-contractors or otherwise. Clients are advised to arrange their own insurance for material of substantial value
Touch Digital will not be liable for failing to complete any contract between Touch Digital and the Client due to circumstances beyond Touch Digital’s control including loss of power supply, machine breakdown, fire, storm, flood, act of God, war, civil disturbance, loss of materials.
Touch Digital Ltd. t. 020 7729 8586
18C Perseverance Works, 25 Hackney Road. London E2 7NX
Registered in England & Wales No. 3946519 9-13 Curistor Street London, EC4A 1LL