Terms & Conditions
Terms & Conditions
This agreement presented to our customer authorises Tribe Business Magazine (TBM) and its associated companies to proceed with the design, production and printing of products customers send through.
TBM will provide the following services to its Customers:
TBM will provide a comprehensive solution to its customer, it will also provide a professional level of service and is committed towards acting in a professional manner to its customers and advertisers.
TBM services also include all communication, preparation, placement, design, typography, the checking of file compliancy of supplied artwork (and inform the customer if it contains a problem). File management of all images & finalised text supplied by the customer or nominated member of his/her company. TBM will handle all aspects of design for print compliancy, submission of proofs (whether by hard copy or PDF files) in good time for the customer to make amendments where necessary, for us to make those amendments and resubmit proofs if required.
MATERIAL AND CONTENT
The customer should agree to provide us with a proof-read finalised clean copy, high resolution images, design guidance (if required) and any additional content that might be required by us to create the product. With the customer’s instruction, TBM will pursue additional material if the customer is unable to source it themselves. But the customer has to agree to be charged for any additional costs of the services or goods in order to obtain such content.
If the customer cannot supply the information the customer wishes to feature in the product TBM endeavour, we source what we can within a limited amount of time and in accordance with the set prices.
TBM makes allowances for minor typographic amendments within the agreed set price. However, if the customer supplies content which later requires extensive amendments, we then reserve the right to apply an Author Amendment fee, this is charged in 0.5 hour units. If production time allows, we may offer the customer to clean up previously supplied content and resubmit although this may attract an additional page-rate being applied. Mainly because of the time we will spend reformatting content for the second time, but this remains at the discretion of TBM.
The customer agrees to supply a proportion of content in readiness at the start of the production with the remaining content to follow no later than 48 hours before the print deadline.
TBM will offer the best possible results in the finished product but TBM accepts no responsibility for imperfect work caused by defects caused by unsuitable materials.
Cancellation or reduction of any advertisement must be notified in writing . The Publisher should be notified 21 days before the publication deadline. Cancellation of an advertisement or insertion will incur the following fee: Up to 6 weeks before deadline equals 50% of the total invoice. Less than 6 weeks before the deadline equals 70% of the total invoice.
Prepayments & Discounts
Series bookings and sponsorships are usually at a discount rate based on prepayment prior to publication, the event, or the campaign. Such prepayments are non-refundable. Prepayment discounts apply only if the invoice is settled within our usual payment terms (stated on the invoice).
INTELLECTUAL PROPERTY OWNERSHIP AND ORIGINAL FILES & IMAGES
The client owns the content and images they supply, TBM owns the intellectual property rights of the design contained within and the InDesign file and any associated elements. Any electronic files supplied are for the stated use only and will not to be changed, adapted or reused without written permission from TBM. Due to licensing restrictions fonts cannot be supplied other than for the purpose of output.
Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations and copy belong to TBM until paid for in full.
If the customer supplied TBM with the material, it is the Customer’s responsibility to obtain all necessary copyrights for its use and in agreeing to these terms and conditions the customer is asserting its right to the copyright. In such cases, the copyright belongs to the customer.
The customer agrees to indemnify TBM from any claim that arises regarding the use of material with which the customer supplies to TBM.
TBM reserves the right to use any artwork or printing TBM has produced for the purposes of promoting TBM services unless the customer requests otherwise, in writing.
TBM reserves the right not to print any matter deemed illegal, libelous or offensive, or which may be an infringement of the proprietary or other rights of any third party.
The customer agrees to indemnify TBM in respect of any claims, costs and expenses arising out of any libelous matter or any infringement of copyright, patent and design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim
QUALITY OF THE PRINT
Every effort will be made to obtain the best possible colour reproduction on customer’s work, but because of the nature of the processes involved TBM cannot guarantee an exact match in colour or texture between any materials with which the customer supplies us, and the printed article.
CLAIMS OF THE DELAY, LOSS, NON-DELIVERY, DAMAGED PRINT
TBM will not be responsible for delayed, lost, non-delivery or damage print goods.
If TBM has arranged the printing with its partnered companies then the customer must instantly contact TBM so TBM can liaise on behalf of the customer to find the cause and to resolve such issues between the customer and the printing company. Our findings will be reported to the customer.
Claims can be made to the printing company directly, of which the Terms and Conditions will fall under the company who printed the product.
If the customer has sought the services of their own nominated printing company then the customer must liaise directly with his/her own contact with the printing company.
TERMINATION OF BUSINESS
If the customer wishes to terminate or cease the services offered by TBM then the customer must give at least 60-days written notice as time would have been allocated in advance. Failure to do so will give TBM the right to charge the customer in full based on the previous invoice or estimated cost on all intended or planned work for up to 60-days.
TBM reserves the right to terminate or cease services to customers at any time. In any such event TBM will give 30-days notice and will commit to fulfill any outstanding work.
If there is an outstanding balance on an account then the customer must pay in full without prejudice.
Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become overdue or, or deemed unable to pay its debts, or has a winding-up petition issued against it, or a person commits an act of bankruptcy or has a bankruptcy petition issued against it, TBM, without prejudice to other remedies, shall:
have the right not to proceed further or undertake other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer.
All unpaid debts due, from the customer have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in the manner TBM sees fit.
By agreeing with TBM the directors, employees, freelance staff and its associates of the printing companies/mailing houses will abide by customer confidentiality at all times. If one of the aforementioned breaches trust and releases confidential information in the public domain or to TBM customers then TBM will seek legal action against that company or individual.
TBM agrees to keep the information of its customers confidential. All information will be treated as confidential in accordance with the Data Protection Act.
FINANCIAL CONSEQUENTIAL LOSS AND LIABILITY
TBM and its directors will accept no liability whatsoever for consequential or third party losses, resulting in incorrect print being supplied and/or a delay in delivery however caused.
TBM and its directors accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided.
TBM shall not be liable for any loss to the Customer arising from delay in transit caused by circumstances beyond the company’s control.
DELAYED, FAILED OR MISSED PRODUCTION SCHEDULES AND/OR DEADLINES
PLEASE NOTE: Because of the amount of time required to turn round publications, Production Artists time needs to be allocated and booked several weeks in advance to ensure priority can be given to the customer’s title when the customer requires. Customer communication is required to avoid charges being applied later.
The customer MUST inform TBM at the earliest opportunity of any possible delay. If the customer misses their production schedule and/or print deadline for whatever reason then TBM will reallocate the production of the product to a new time schedule so as not to hinder the delay or production of preceding of the magazine. The customer will not receive priority outside the original agreed production slot.
If the content of a job does not materialise in good time or the magazine is put on hold indefinitely during the production by the customer, for whatever reason, then TBM reserves the right to invoice in full the original agreed cost, whether the work is complete or not. Recommencement of work will be charged in accordance with the agreement or by the hour if the budgeted time has been exceeded at the discretion of TBM.
TBM accepts no responsibility for any delay caused by the customer providing insufficient, unsuitable or late content.
If the customer notifies us of any operational changes of production to other parties (including the Customer’s in-house production team) that will result in cancelled production time with TBM then TBM will reserve the right to charge:
50% of the invoice value if informed in writing between 30 and 15 days prior to the start of the intended scheduled production, or;
100% of the invoice value if notified in writing within 14 days to the start of the intended scheduled production.
If the customer fails to notify TBM of any possible delay and continually misses their production schedules and/or print deadlines then TBM reserves the right to charge the customer, where TBM experiences a direct cost caused by the customer’s delay. The customer is responsible for ensuring that finalised content is supplied in good time.