Updated August 2023
Introduction
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.
Estimates & Payment
The job estimate is based on the information available from the client at time of quoting the job. Additional work, changes in scope, complexity of retouch, rounds of retouching and image extensions not specified will be costed additionally on briefing. Estimates are valid for 20 days from date of quotation.
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. Unless agreed otherwise, invoices from Touch Digital to the client for the supply of goods or services should be paid in full within 30 days of the date of the invoice by Bank Transfer or Credit Card as appropriate. 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 Credit Card or cash. Touch Digital reserves the right.
(Without disclosing a reason) to demand payment for work on collection at any time. Touch Digital reserves the right to demand 50% payment up front before commencing any work, with the balance due on completion. 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). Touch Digital reserves the right to charge interest on any outstanding amount at a rate of 8% per annum above the Bank of England base rate plus an additional 5% administration charge. The Client will pay the full amount in the correct currency to the relevant account included on the invoice. If the payment has been made to the wrong account, the Client will cover all costs and expenses related to the transaction.
Our current price list showing hourly rates is available at www.touchdigital.co.uk/pricelist2023.pdf
Ordering
Orders for work must be given in writing via email 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.
Quotations
All quotations given by Touch Digital will be valid for 20 days from the date of the quotation. Additional work, changes in scope, complexity of retouch, rounds of retouching and image extensions not specified will be costed additionally on briefing.
Turnaround times
Turnaround times which are quoted in the price list and website are normal target times only and Touch Digital accepts no liability for failure to meet these times.
Cancellation & Delays
If the Customer wishes to cancel the services before the commencement date Touch Digital reserves the right to charge a cancellation fee, on the below basis:
If job is confirmed, the client must give at least one weeks’ notice before canceling. A cancellation fee of 25% based on the total of the latest estimate will be charged if the appropriate notice is not given.
If cancellation occurs 24hrs or less prior to the agreed start date as set out in the Quote, Touch Digital may charge 50% of the relevant
fee. If cancellation occurs after work, or part of work has commenced until Round 1 delivery, Touch Digital may charge 75%/100% of the relevant rate.
If the agreed start date is delayed for any reason, Touch Digital reserves the right to charge 50% per day of the agreed fees. If feedback is delayed or agreed schedule delayed Touch Digital reserves the right to change the final delivery date.
Rush Fees
Rush fees will apply to any job required in under one week from start date unless agreed otherwise. Any work requested outside normal 9am-6pm working hours MON-FRI will be charged as Rush if agreed in advance.
Standard Rush fee is +50% on top of any agreed hourly or image rate.
Double Rush fee is +100% on top of any agreed hourly or image rate.
Image sizes
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.
Print finish
Unless stated by the Client, Touch Digital will decide, at its sole discretion, which print surface to use (either semi-matt or gloss). Print Quality will be assessed on packing at our studio. Any surface defects or damage to prints that occur after delivery needs to be highlighted by the Client within 24 hours of receiving the print. Touch Digital will assess and reserve the right to ask for the print to be returned to our studio. If the Client uses a 3rd Party for collection, they will be responsible if any damage occurs during the transport. Touch Digital is not responsible if any damage happens while unpacking the print. Touch Digital asses the most appropriate way to pack the prints (flat pack or roll pack). If shipped internationally or if the Fine Art print requires an oversized flat packaging, a surcharge will be quoted.
Colour & CMYK
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. Touch Digital does not accept responsibility for colour reproduction results produced from our supplied RGB files converted to CMYK by a 3rd Party. We always recommend supplying CMYK converted files and certified CMYK proofs to remove this variable from the process.
CMYK proofs made at Touch Digital will be certified to pass the relevant proof specifications. This is understood and accepted by the Client and/or its client(s).
Uncollected work & Hard Drives
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. Hard Drives belonging to the client containing images and RAW files will be held for 6 months only then disposed of. It is the client’s responsibility to ensure they retain local copy of all RAW files, and we will not be held responsible for holding the only copy of shoot data.
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.
Liability
The Client must contact Touch Digital concerning details of an invoice within 7 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.