Please thoroughly review the terms and conditions before work commence to understand our service offering and expectations.
Acceptance of Quotation and Terms & Conditions
The placement of an order for design, print and/or any other services offered by Wall Printer JA; the customer’s written acknowledgement or signature on the quotation; and payment of required deposit, collectively constitutes (a) acceptance of the estimate or quotation (b) understanding of & agreement to comply fully with all the Terms and Conditions and (c) forms a Contract for Business between the signatory and Wall Printer JA. No work on a project will commence until all the foregoing are adhered to.
Description of Binding Agreement
- This document serves as a binding agreement between any person, business or corporate body together with any subsidiary or associated person, and Wall Printer JA Ltd and its owners, employees and subcontractors for the execution of services in exchange for payment.
- The services that Wall Printer JA Ltd provide are subject to the following terms, and the Company reserve the right to change any rates and update the terms and conditions anytime without notice.
- The Client can review the terms and conditions by clicking the terms and conditions links via our website, email communications or any other communications such as quotes/invoices.
- These terms and conditions are designed to ensure that the Company and Customer are protected from any unexpected circumstances.
- It also lays out the basic groundwork for how the project will progress, and what’s expected of both parties.
- For ease of understanding, this document contains the strict minimum of legal jargon required to be legally enforceable.
DEFINITIONS
- ‘The Client’, ‘Customer’, ‘You’, ‘Your’ shall mean any person, business or corporate body together with any subsidiary or associated person who requests services relating to design, printing, copywriting, visual media, web sites, brand identity, illustrations, images and photography from Wall Printer JA Ltd in exchange for payment.
- ‘The Contractor’, ‘I’, ‘We’, ‘The Company’, ‘WPJA’, ‘Developer/Designer’, shall mean Wall Printer JA Ltd, and its owners, employees, Project Manager and subcontractors. The Contractor will be responsible to the Client for works as described in the specification documents.
- ‘Project Manager’, means anyone assigned such position by the Directors of Wall Printer JA Ltd, who shall oversee all aspects of the Works.
- Designer means the one who prepares outline, sketch or does rendering of the project.
- Works/Project means the design, printing and other related services to be carried out by the Contractor or appointed Sub-contractor, in accordance with the Specification.
- Specification means the documents including detailed plans and/or drawings describing the Works to be provided by the Contractor. These include but are not limited to: Design Brief; rendering/mockup, Visual brief.
- Quotation means the written fixed cost provided by the Contractor for completion of the Project.
- Estimate means costing of items agreed as a contingency sum (To Be Confirmed)
- Site means the location where the Works are to be performed by the Contractor.
- INITIAL CONSULTATION
- After enquiry from the Client, the Company will host an initial consultation at the Site or virtually. This give opportunity to discuss your ideas, requirements and expectations for Your project. A Visual Brief will be constructed through the collection of data and designs. This will assist in the evaluation and formulation of the Client’s design requirements. WE will make comprehensive notes that will form the basis of the Quotation and Specification documents.
- FEES & PAYMENT SCHEDULES
- Fee/prices/charges are subjected to change without notice.
- After the Initial Consultation, the Contractor will provide an Estimate for the design and printing services.
- Estimates will remain open for acceptance for (21) days.
- The Design Estimate is based on the Contractor’s best assessment of the time it will take to carry out the design services requested. If We find it will take more hours than estimated to complete the design services these hours will be chargeable to the Client but will not be worked nor charged for without consulting the Client first and receiving agreement to proceed. Fees described in the Design Estimate may be charged at an hourly rate ($25USD per hour) or a fixed amount as specified. We will require written confirmation (email, SMS, or postal letter) that You accept the Design Estimate and these Terms and Conditions before We proceed with any design services.
- The Company reserves the right to request a deposit from the Client prior to starting work on any Project. If a deposit is requested by the Company, an invoice will be generated and delivered to the Client via email, SMS or hardcopy. By remitting the funds to the Company, the Client is accepting the Terms and Conditions and entering a contract with the Company.
- The Company will facilitate revision and discussion of the Artwork to be printed at no additional charge, provided that the Client’s requests for revision conform to the original Visual Brief and are communicated within the agreed timeline (if provided).
- All estimated prices are for the outlined services only. Any additional work, revisions or variations outside of the original Visual Brief will be charged at the rate of $120US per hour, billed in 15-minute increments.
- Where there is a change to the agreed brief, the Company will inform the Customer in advance of any extra costs likely to be incurred.
- Charges for Design Work do not cover the release of Our copyright design source files, included but not restricted to INDD, PSD, AI, PNG or other source files or raw code. Should the Client require these files for transfer to an in-house or other designer or design agency, they will be subject to a separate quotation or ‘buy-out’ charge.
- Deliveries and couriers will be included in the final quotation.
- The Client reserves the right to request a payment plan which may be accepted by the Company at its discretion. All payment plans must be agreed to both parties in writing.
- The Company reserves the right to request final payment be made prior to the handing over of final creative or digital files.
- Unless full payment has been made on the Customer’s account and all project costs have been cleared, we reserve the right to withhold future services.
- All prices quoted on the Company’s website and advertising material exclude delivery and GCT.
- The Company is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of (30) days.
- An account shall be considered default if it remains unpaid for (30) days from the due date of the invoice, or following a returned cheque. Customers whose accounts become default agree to pay Wall Printer JA reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.
- The Company reserves the right to invoice for any disbursements for partial works carried out including third party costs incurred on a project should the project be unable to be completed for any reason or has been delayed/put on hold by the Customer for a period of two (2) weeks or more.
- Future re-print requests of the same Artwork will only incur a print management fee.
- PAYMENTS
- Payments may be made by cash, cheque, visa debit/credit card, money order or electronic funds transfer.
- At the time of the Customer’s acceptance of the Quotation, a non-refundable deposit of 50% of the quoted fee will become immediately due. Additionally, service delivery fee must be paid in full. Work will commence thereafter. And final payment expected on completion or not more than (14) days after receipt of finished product and invoice.
- For stage projects, a non-refundable deposit of 35% of the agreed quotation is requested on agreement and signing of the contract. 50% + GCT is requested at an agreed midway stage of the project, with the balance payable on fulfilment of The Work. Invoicing and payment for any additional costs will take place at an appropriate stage of The Works – to be agreed between the Client and WPJA. NB. The Company reserves the right to decline further work on a project if there are invoices outstanding by the Client after (48) hours pass the midway stage.
- Accounts which remain outstanding for 14 days after the date of invoice (including weekends), will incur a charge of 2% per day [compounding] of the outstanding amount.
- Returned cheques will incur an additional fee of $50USD per returned cheque. WPJA reserves the right to consider an account to be in default in the event of a returned cheque.
- Our staff is not permitted to accept payment – to pay for your deposit or completed job, you must pay WJPA directly unless you have been given permission from one of our directors through email or telephone call, otherwise Your account will remain outstanding until such time as WPJA receives payment directly.
- On site payment should only be made to the Project Manager.
- UNPAID ACCOUNTS
- In the event that Wall Printer JA cannot recover any outstanding amounts after a reasonable amount of time, We will employ the services of a debt collection agency.
- THE PROJECT
- All projects are planned to an agreed schedule. Non-adherence to this schedule by the Customer may result in compromise of the final delivery deadlines. If this is likely to occur, the Company will advise the Customer as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs.
- Any indication given by the Company of a design project’s duration is to be considered by the customer to be an estimation. The Company cannot be held responsible for any project over-runs, whatever the cause.
- The Company shall always take reasonable steps to meet the Customer’s request. Where this is not possible, an alternative solution may be provided.
- The Company reserves the right to commission freelance support or outsource any job if it is in the best interest of the Customer. Any outsourced job remains the property/responsibility of the Company and such services are deemed to be carried out ‘indirectly’ by the Company.
- From the Visual/design Brief, the Designer will provide the Customer with three (3) samples from which to choose. The selection may be further modified to suit the Customer prior to printing or publishing.
- Once final proofs/materials have been signed off, the Company cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.
- Whilst every effort will be made to achieve agreed delivery dates, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Company’s control.
- As part of larger projects which involve 3rd party(ies) commissioned directly by the Customer, the Company will not be held responsible in any way for services not carried out/managed directly or indirectly by the Company.
- APPROVING PROOFS/ DESIGNS/PRINTING
- The Client is held responsible for approving all design proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images and quantity. It is the responsibility of the Client to request amendments if the proof is difficult to read or not to their liking.
- Mockup/rendering of proofs is supplied to assist in confirming colours, design, bleed, size and type.
- The Client’s final accepted proof is the Design that will be submitted for prints. There will be no reprints at the Company’s expense.
- The Client shall indemnify the Company, its directors and representatives from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to provision of Materials, use of Services by You or anyone else, or otherwise arising.
- Be sure to proof read carefully before approving the final design.
- CHANGES AND REVISIONS
- All changes and revisions will need prior written approval. If changes are requested via a phone call, an email should follow with details of the request.
- There is a limit of three (3) revisions.
- The Client is advised to be specific with feedback. Once revision is requested, it is most effective to offer examples of colours, fonts, images and material of preference. Excessive revisions, tweaks and miscellaneous changes above the estimated Work, or tasks required to be carried out after acceptance of the draft design will be subjected to separate charge.
- The Client also agrees that WPJA holds no responsibility for any amendments made by any third party, before or after a design is published.
- All estimates are subjected to be revised and amended accordingly.
- CANCELLATION AND VARIATION POLICY
- Request, by the Client, for changes to the original Visual Brief constitutes a Cancellation. The Company reserves the right to charge for the new Consultation.
- If at any point during the design or development cycle a Client wishes to cancel, they may do so.
- Cancellation of orders may be made initially by telephone contact, however, an official notification via e-mail should follow. This should be done forty-eight (48) hours to the project’s start date. The Client will then be invoiced for all work completed over and above the non-refundable deposit that would have been made at the time of first ordering. The balance of monies due must be paid within fourteen (14) days.
- If the Client elects to cancel Our services after we have begun work, the Client agrees to pay all of Wall Printer JA’s administration, lost work and scheduling costs amounting to 15% of the balance of the total project cost.
- Postponement of scheduled works rather than cancellation is acceptable only if the rescheduled date is within fourteen (14) days of the initial date scheduled. Should further postponement occur, you will be deemed to have cancelled our services and the cancellation levy will apply as above. (i.e. the 15% fee).
- Should it be that the Cancellation of a Project is on the side of the Company, for whatever reason, the Client will be given any work completed up to the point of cancellation and will be refunded 80% of the initial deposit.
- Wall Printer JA will not tolerate aggressive or rude behaviour, racism, nationalism; sexism, homophobia or any form of discrimination directed towards any of its staff or tradespersons and reserves the right to terminate the project at any time in the process if such things should occur. No refund will be given. WPJA will charge for all Works done up to that point.
9. PROJECT ABANDONMENT
- If after repeated attempts to begin, continue, or finalize the delivery of services, and the Customer fails to participate, or becomes otherwise unresponsive to Wall Printer JA’s requests for a period of fourteen (14) days, the project may be considered abandoned, and the Customer shall be liable to pay all monies owed within fourteen (14) days. The Customer will have forfeited all rights to receive any refund for services purchased or as described in the original invoice.
10. MATERIALS/DATA FORMAT
- All necessary materials can be provided by Us unless otherwise agreed. They will be of high quality and used in an appropriate manner as per the manufacturer’s guidelines. Where it is necessary to match existing decor, our work will be carried out with this in mind, using appropriate materials that provide an exact match where possible. If an exact match will not be achievable, the Client will be consulted. Wall Printer JA is not responsible for the performance or suitability of any materials, parts or products purchased directly by the Client and in doing so, allow Wall Printer JA to use these at their own risk.
- It is the responsibility of the Client that all materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied to the Company by the Client will have the relevant copyrights, licenses and permissions for use in the commissioned project. The Company will not accept responsibility/liability for infringements caused by any wrongly supplied materials.
- Clients who submit their own Artwork, files and/or images are solely responsible for the end result of printing. Customers are reminded to submit print-ready Artwork with the correct specifications. We will print the Client’s submission as requested however the Company is not responsible for Artwork mistakes. The Company is also not liable for supplied file errors. There will be no reprints at Our expense.
- Clients are reminded that when Artwork is trimmed, the bleed cut can vary in position up to 2-3mm, hence a 7mm internal margin from the bleed line is required if the Client is supplying Artwork.
- Whilst taking every care to protect all media and correspondence supplied, the Company cannot accept liability or be held responsible financially or otherwise for any loss. Disputes will not be entered into.
- The Client agrees to the Company’s definition of acceptable means of supplying data to the Company:
- Text is to be supplied to WPJA in electronic format as standard text (.txt), MS Word (.doc) on thumb drive or CD-ROM, or via e-mail.
- Images which are supplied in an electronic format, are to be provided in a format as prescribed by WPJA via thumb drive, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and WPJA will not be held responsible for any image quality which the Client later deems to be unacceptable. WPJA cannot be held responsible for the quality of any images which the Client wishes to be scanned from printed materials.
- Photographs/graphic files should be in a high resolution, editable, vector digital format.
N.B Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
11. RIGHTS OF REFUSAL
Wall Printer JA will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. The Company also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that the Company does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the Customer is obliged to allow WPJA to remove the contravention without hindrance, or penalty. WPJA is to be held in no way responsible for any such data being included.
12. COPYRIGHT, INTELLECTUAL PROPERTY AND TRADEMARKS
- The Company cannot guarantee the Customer exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore, the Company will not accept liability for any alleged claim from the Client or any third party as the result of unintentional similarity in part or whole of a third party’s copyright protected product or registered trademark or brand identity, strapline, colour usage, image style and content, or otherwise.
- It remains the Customer’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Customer by the Company.
- By supplying text, images and other data to WPJA for inclusion in the Customer’s menu, posters, website or other medium, the Customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Customer, or rightful copyright or trademark owner.
- By supplying images, text, or any other data to the Company, the Customer grants the Company permission to use this material freely in the pursuit of the design.
- All creative work produced (including words, pictures, ideas, visuals and illustrations) and devised during a project whether creative, digital, software files and/or related correspondence remain the property – physically, intellectually and in copyright- of the Company and/or its suppliers, unless specifically released in writing and after all release costs have been settled.
- If a choice of design is presented as part of the creative process, only the chosen design is deemed to be given by the Company as fulfilling the contract. All other designs remain the property of the Company, unless specifically agreed in writing.
- Should the Company agree to provide design concepts as part of a pitch (whether free of charge or subject to a pitch fee), the design (which includes the design idea) remains the property of the Company until such time it is purchased by the Client.
- The Client has the right to reject the Company’s designs but the Company will pursue damages should the Client utilize the design concept (or the core design idea).
- Ownership of copyright overall concepts and draft Artwork remains with the Company. This includes, but is not limited to; logos, symbols, compositions, words, pictures, ideas, visuals, illustrations and copy. Unlawful use of these Artworks by the Client is strictly prohibited. The use of Artwork prior to payment is illegal.
- The Customer may request in writing from the Company, the necessary permission to use materials [for which WPJA holds the copyright] in forms other than for which it was originally supplied, and WPJA may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
- Upon full payment of account, copyright ownership will be transferred to the Client. The Company and their designers retain rights to utilize Artwork and all design elements for portfolio/self-promotion.
- The Company does not take any responsibility for Trademarking of any kind. It is the Client’s responsibility to check trade marking laws, and procedures and availability.
- The Customer agrees to fully indemnify and hold the Company free from harm in any and all claims resulting from the Customer in not having obtained all the required copyright, and/or any other necessary permissions.
- Should Wall Printer JA, or the Customer supply any image, text, audio clip or any other file for use on a business cards, flyers, pamphlets, website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Customer will agree to allow Wall Printer JA to remove and/or replace same.
13. LICENSING
- Any design, copywriting, drawing, idea or code created for the Customer by Wall Printer JA, or any of its Contractors, is licensed for use by the Client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Wall Printer JA and any of its relevant sub-contractors.
- All design work- where there is a risk that another party may make a claim, should be registered by the Client with the appropriate authorities prior to publishing and legal advice sought as to its use. Wall Printer JA will not be held responsible for any damages resulting from such claims.
- Wall Printer JA is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Customer agrees not to hold the Company responsible for any such loss or damage. Any claim against WPJA shall be limited to the relevant fee(s) paid by the Customer.
14. PRINTING
- Printing will not commence until required deposit is received.
- All time quotations are estimated. No quoted printing time and delivery dates are guaranteed.
- With all printing there may be some colour variations from electronic visual representations of Artwork to the final printed piece. This is due to the nature of CMYK printing.
15. ON-SITE RESPONSIBILITIES
- The Client will be expected to provide electrical power, running water and toilet facilities where reasonably possible.
- To remove valuable and/or fragile items, pictures and other hanging items and electrical goods from the areas to the serviced.
- Assistance can be provided with the repositioning and/or removal of bulky furniture and goods. We reserve the right to decline to move items if the condition is at risk of damage to the equipment or the property. We reserve the right to decline to move particularly heavy or bulky items if they present a higher than accepted health and safety risk. Where items cannot be covered or protected, but could easily have been removed, we will request that they are removed before work commences. We cannot be held liable for damage to such items if they are not removed.
- Where any doubt exists as to the suitability and or structural soundness of any working platform such as balcony, flat roof etc. the Client may be asked to provide professional evidence such as structural engineers report prior to works commencing.
- In the event of breakage or damage to the property, Wall Printer JA will notify the Client immediately and set out steps to remedy the situation.
16. CREDIT & MARKETING
- The Customer agrees to allow the Company to place a credit on printed material, exhibition displays, advertisements etc unless instructed otherwise by the Customer. This will usually be in the form of a small logo placed towards the bottom of the print.
- The Company reserves the right to use both initial creative concepts and final approved design work for the purposes of the Company’s marketing activities (both online and offline) unless otherwise requested/agreed with the Customer.
- The Client agrees to allow a link to the Company’s own website on their website.
- The Customer also agrees to allow WPJA to place websites and other designs, along with a link to the Customer’s site on WPJA’s own website for demonstration purposes and to use any designs in its own publicity.
17. DISPUTE & LIABILITY
- The Company shall be under no liability if it should be unable to carry out any provision of the contract for any reason- wholly or partly- due to circumstances beyond its control including but not limited to: act of God, legislation, war, act of terrorism, fire, flood, drought, industrial disputes or unrest, government restrictions or transport delays, breakdown of equipment, theft, vandalism, riots, civil commotions, accidents of any kind, failure of power supply, lock out, strike by employees in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract.
- The Customer agreed that the Company shall hold no responsibility for any amendments made by any third party after the artwork has been supplied by the Company to the Customer
- The Client agrees and accepts that the Company is not legally responsible for any loss or damage suffered or incurred related to use of any of the Company’s services, whether from amendments, errors or omissions in documents, designs, information or any goods or services offered by the Company. This includes the Clients’ use or reliance on any third-party content, links, comments or advertisements. The Client’s use of, or reliance on, any information or materials the Company produces, amends or designs is entirely at your own risk, for which We shall not be liable.
- Unless specifically mentioned, no provision is made for repair of plastering beneath papered walls, as it is assumed that such plastering is in good condition, and is suitable to take treatment specified. Similarly, the costs of the repairs and renewals of any defects which are not visible at the time of estimating will be chargeable, unless allowance for such items is included.
- It shall be the Client’s own responsibility to ensure that any products, services or information You use meet their specific requirements.
- The Client acknowledges that such information and materials may contain inaccuracies or errors and expressly exclude liability of the Company for any such inaccuracies or errors to the fullest extent permitted by law.
- In the event of any bona fide dispute or difference arising between the parties in connection with the Contract (excluding any dispute relating to non-payment of the Charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Customer to inform the Company immediately of any issue that may lead to a dispute (including but not limited to quality of service, cost, deadline), without such information, no disputes will be entered into.
- We may take photographs of your property or complete a pre-existing damage form prior to the start of the project. In the unlikely event that we do damage your property and this is a result of our negligence, you will be covered by our insurance for the full amount. However, claims that we can dispute with photo evidence or written agreement will incur $200USD charge per complaint to cover legal/administration costs.
- If at the end of the job the client is dissatisfied with any aspect of the service, they must inform us as soon as possible. Clients must allow Wall Printer JA to offer a remedy using our own tradespersons and under no circumstances will we be held liable for the costs of reparations by third parties that we have not expressly agreed to in writing.
- Advice of any loss, quality or damage issues must be reported to the Company within five (5) working days of delivery and receipt (whether be printed or digital) and any claim in respect thereof must be made in writing to the Company within three (3) working days thereafter. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.
- Any discrepancies relating to any invoice must be reported to the Company within fourteen (14) days month from the date of issue. The Company reserves the right to dismiss any claims and will not be held liable in respect of any claim should the aforementioned requirement not be adhered to.
18. DELIVERY
- The utmost care and diligence will be taken to ensure the products arrive on time and undamaged. The Company cannot be held liable for printed products that are damaged, lost or delayed when delivered by post or courier.
19. WARRANTY DISCLAIMER
- The Company makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.
- WPJA will not be held responsible for any and all damages resulting from products and/or services it supplies. The customer agrees not to hold WPJA responsible for any such loss or damage. Any claim against WPJA shall be limited to the relevant fee(s) paid by the customer.
- While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.
- The Company reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions.
- The Company will not knowingly perform any actions to contravene these, and the client also agrees to be so bound.
- The Company and its clients agree to comply with DXonJet Printer’s Terms and Conditions.
20. BINDING ARBITRATION
- The parties to this contract agree that any and all disputes that cannot be settled in good faith by the parties shall be resolved through binding arbitration using the Jamaica International Arbitration Centre. It is further agreed that the cost of binding arbitration shall be shared equally by WPJA and the Client. It shall be clearly understood that any disputes that may arise are confidential with no public comment permitted in any form by either party relating to the dispute. The results of any Arbitration proceeding shall also be confidential with no public comment by either party permitted in any form relating to any award. The parties agree that any breach of this provision shall constitute a willful breach of contract.
21. DISCOUNTS AND PROMOTIONS
From time to time, Wall Printer JA will run promotions and offers. These promotions and offers will come with the following conditions:
- Discount is limited to labour costs only on hourly rate jobs, half-daily rate jobs and daily rate jobs.
- Materials costs are not included in the promotion.
- Discounts cannot be combined – one promotional discount may be used per transaction.
- Offer periods are limited – refer to the specific promotion for validity period.
- Wall Printer JA reserves the right to withdraw any offer at any time.