Terms & Conditions of Use
The “Company” means DigitalOne Ltd.
The “Designer” means the artist employed or contracted by DigitalOne Ltd. to carry out the work.
The “Client” means the person, persons or firm with whom the Company is contracted.
“Brief” means the work and services to be performed by the Company for the Client set out in the quotation together with any alterations or extras there to requested or required by the Client after the date of quotation.
2. Additionally preliminary work designs, models, samples and other work produced at the Client’s request, will be charged for by the Company.
Estimates are given and orders accepted subject to our ability to procure materials, labour and logistics at the rates prevailing at the date and for the validity of estimate.
Any increase in wage rates, prices of materials, or alternative materials that it may be necessary to substitute or of logistics arising after an estimate and before delivery, shall be charged to the Client.
Where estimated dates of delivery are given they shall be subject to availability and delivery of materials.
All estimates hold good for fifteen days from the date of quotation to the Client.
Acceptance of an estimate shall be in writing signed by the Client or their authorised agent.
In the absence of such written confirmation the Company’s written acknowledgement of verbal instructions shall be deemed to be the Client’s acceptance of the estimate.
5. If any goods are to be supplied or job work to be done in accordance with designs, specification or patterns to be supplied by the Client, the Client shall supply the same within seven days to permit completion of all deliveries by the promised date (if any).
The Company shall not be liable for delays in completion of work or delivery arising from the Clients’ failure or delay in approving estimates or preliminary work.
Time is not of the essence to the contract between the Company and the Client if the Clients requirements are innovative.
The Company will submit proofs of all artwork to the Client for approval and the Company shall incur no liability for or in respect of any errors not corrected by the Client in proofs so submitted.
Any additional cost arising from the Client’s alterations or corrections after approval of artwork or sample or after production has commenced will be charged to the Client.
Unless otherwise stated in writing, estimates are given and orders accepted upon the terms that delivery ex works and the price shall be nett and exclusive of packing materials, cost of packaging, handling, loading, transport, carriage and taxes as might be applicable.
8. Expedited Delivery:
If the Client shall require delivery sooner than the stated time required for production the Client shall pay an extra cost of overtime or other additional costs so incurred.
9. Installment Deliveries:
In the case of goods to be supplied or work to be done by instalments any objection by the Client to defects in or default in relation to one instalment shall not affect the contract in respect of any further instalments or the balance remaining under the contract.
Any complaints or claims as to quality or quantity of goods supplied or job work done shall be made to the Company in writing within seven days of the delivery of such goods or the execution of such job work and there shall be no liability for any claims not so made within this period.
11. Client’s Property:
Client’s property when supplied will be held at Client’s risk.
Every care will be taken to secure the best results where materials are supplied by the Client, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied.
12. Consequential Loss:
The Client agrees while signing the Contract that the Company shall not be deemed responsible for consequential loss or damage howsoever arising.
The Client is wholly responsible for the Copyright on any artwork/pictures/graphics, which they provide to be used on new artwork, and/or printed goods.
The Client shall indemnify the Company against all claims, actions, penalties, damages, costs and expenses for which the Company may become liable, or which the Company may incur through anything done by it in the execution of any contract with the Client involving a breach of any Patent, Registered Design, Trade Mark, or Copyright, or any Government or other Regulation.
Copyright in all preliminary designs by the Company and in all work and matter produced by the Designer as part of the brief shall remain the property of the Company who shall reserve the right to approve the quality and use of such designs as processed for various media.
14. Force Majeure:
The performance of all contracts is subject to variation, suspension or cancellation arising from any Act of God, War, Strikes, Lock-outs, National Emergency, Fire, Flood, Drought, Shortage of Fuel or Power, Third Part Claims, Bankruptcy, the inability to obtain supplies of materials or articles, or any other causes whatsoever beyond the control of the Company.
15. Cancellation of Contracts:
In the event of any contract (whether oral or in writing) between the Client and the Company being suspended or cancelled by reason Force Majeure or any other causes whatsoever beyond the control of the Company, the contract shall be suspended or cancelled but the rights and liabilities existing at the time of such suspension or cancellation remain.
If the Client ceases to pay his debts in the ordinary course of business or commits any act of bankruptcy, then and in any such case the Company shall without prejudice to other remedies have the right not to proceed further with the brief or any other work for the Client and be entitled to charge for all work already carried out and materials purchased for the Client such charge to be a debt immediately due to the Company.
16. Illegal Matter:
The Company shall not be required to work on or in connection with any matter which in the Company’s opinion is or may be of an illegal or defamatory nature or an infringement of the proprietary rights or other rights of any third party.
The Client shall indemnify the Company against and in respect of any action claims, demands, damages, costs, charges or expenses arising from or incurred by reason of any defamatory matter contained in or otherwise relating to the brief or any infringement or alleged infringement by the Designer while engaged on or in connection with the brief of any letters patent registered design, copyright trademark or trade name protected in WIPO or any Country individually, such indemnity to extend to any amounts paid by the Company on legal advice in settlement of any such claim as aforesaid.
17. Terms of Payment:
Unless otherwise specified, Orders shall be confirmed received from the Client after payments are acknowledged by the Company.
Save where the Client is not contracting in the course of a business nor holding himself out as so doing the Company reserves the right to charge the amount of any value added tax payable and whether or not included in the quotation.
18. These terms and conditions shall apply to all contracts.
19. The Company may deliver of up to 10 per cent greater or 10 per cent less than the Client’s stipulated quantity without any liability whatsoever except that the price charged shall be for the delivered quantity at the unit rate applicable to the stipulated quantity.
20. Overdue Accounts & Recovery:
The Company will apply interest to all balances remaining outstanding following the expiry of the terms stated at the time of order.
Such interest to be calculated on a Monthly basis at a rate of 24% per annum Minimum Lending Rate.
In the event of the Company instituting legal proceedings against the Client for recovery of overdue monies then the full legal costs of recovery will be aggregated with the debt for which the proceedings were commenced.
In the event of a dishonoured cheque, the Company shall charge $100.00 to cover administration and bank costs.
21. Sales of Goods:
Ownership of the goods, which are subject of this Contract, shall not pass to the Client until they are fully paid for, but the risk in the goods shall be borne by the Client from the date of the delivery by the Company or its carriers to the Client.
In the event that the price for the goods is not paid by the Client by the due date, the Company shall at its absolute discretion, be at liberty to retain or recover the goods.
For all purposes the Client hereby grants to the Company an irrevocable lien on the goods until the price is paid.
The Company may maintain an action against the Client for any loss and damage suffered in consequence of the Client’s failure to complete the Contract or pay the price for the goods.
Updated: 31st December 2020.
We take your privacy seriously
For the purposes of the Data Protection Act 1998, DOL (“we” or “us”) is the data controller (the company who is responsible for, and controls the processing of, your personal data).
Personal data we may collect about you:
We will obtain personal data about you (such as your company name or business address) whenever you complete an online form.
For example, we will obtain your personal data when you register to use this Website, send us feedback, post material, contact us for any reason, sign up to a service. We may also obtain sensitive personal data about you if you volunteer it during the completion of an online form. If you volunteer such information, you will be consenting to our processing.
How we may use your personal data?
We will use your personal data for the purposes described in the data protection notice that was given to you at the time your data were obtained. These purposes include:
to help us identify you and any accounts you hold with us
customer profiling and analysing your purchasing preferences
marketing (see “Marketing and opting out” below)
fraud prevention and detection
billing and order fulfilment
credit scoring and credit checking (see “Credit checking” below)
customising this website and its content to your particular preferences
to notify you any changes to this website or our services which may affect you
improving our services
Marketing and opting out
Unless you have asked us not to do so, we may contact you about services and special offers which may be of interest to you.
If you prefer not to receive any further marketing communications from us, you can opt out at any time. See further “Your rights” below.
Disclosure of your personal data
We may disclose your personal data:
to law enforcement agencies in connection with any investigation to help prevent unlawful activity
in the event that the DOL’s assets and goodwill are subsequently transferred to a third party
to our agents and service providers
Keeping your data secure
We will use technical and organisational measures to safeguard your personal data, for example:
access to your account is controlled by password and username which are unique to you
we store your personal data on secure servers
payment details are encrypted using SSL technology
Whilst we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data which are transferred from you or to you via the internet.
Information about other individuals
If you give us information on behalf of someone else, you confirm that the other person has appointed you to act on his/her behalf and has agreed that you can:
give consent on his/her behalf to the processing of his or her personal data
receive on his/her behalf any data protection notices
give consent to the transfer of his/her personal data abroad
give consent to the processing of his or her personal data
Transfers of data out of the EEA
We may need to transfer your personal data outside of the European Economic Area*. Any transfer of your data will be subject to a European Commission approved contract which will safeguard your privacy rights and give you remedies in the unlikely event of a security breach.
* The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein.
You have the right, subject to the payment of a small fee (currently £25) to request access to personal data which we may process about you. If you wish to exercise this right you should put your request in writing here
include proof of your identity and address (e.g. a copy of your driving licence or passport, and a recent utility or credit card bill)
transfer in the amount of £25 made payable to DigitalOne Ltd. (details available in response to your request above)
specify the personal data you want access to, including any account or reference numbers where applicable
You have the right to require us to correct any inaccuracies in your data free of charge. If you wish to exercise this right you should:
put your request in writing
provide us with enough information to identify you (e.g. account number, username, registration details)
specify the information that is incorrect and what it should be replaced with
You also have the right to ask us to stop processing your personal data for direct marketing purposes. If you wish to exercise this right you should contact us to update your preferences to indicate that you wish to opt out of direct marketing.