1 Definitions

    • 1.1 In these conditions "The Company" means

      • SUDI s.r.o.
      • Nova Trstena 2304/20
      • Hurbanovo
      • 947 03
      • Slovakia
      • Company ID# 46713956
      • VAT# SK2023547306
      • Bank account# SK0411000000002924878971

and "The Client" means the party, or any person acting on their behalf with whom the Company contracts.

 

2 Formation of the Contract

    • 2.1 The Client is agreeing fully to the Company’s trading Terms and Conditions by commissioning its services. These Terms and Conditions are freely available at www.snappy.design/terms-conditions and they may be changed at any time without prior notice to its clients.

    • 2.2 These conditions shall form the basis of the contract between the Company and the Client. Notwithstanding anything to the contrary in the Client's standard conditions of purchase, these conditions shall apply except so far as expressly agreed in writing (whether be printed or digital) by a person authorised to act on behalf of the company.

 

3 Specifications

    • 3.1 Images which are supplied in an electronic format are to be provided in a format as prescribed by the Company. Images must be of a quality suitable for use without any subsequent image processing, and the Company will not be held responsible for any image quality which the Client later deems to be unacceptable. The Company cannot be held responsible for the quality of any images which the Client wishes to be scanned from printed materials.

    • 3.2 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, colour correction and alteration of images

 

4 Copyright and Content

    • 4.1 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. By supplying these materials to the Company, the Client grants permission to the Company to use these materials freely in the pursuit of the design. The Client agrees to fully indemnify and hold the Company free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and/or any other necessary permissions.

    • 4.2 All design work - where there is a risk that another party make a claim, should be registered by the Client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. The Company will not be held responsible for any and all damages resulting from such claims.

    • 4.3 The Company cannot guarantee the Client 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 or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.

    • 4.4 All creative work produced and devised during a project(s), creative, digital, software files and related correspondence remain the property – physically, intellectually and in copyright, of the Company until full payment has been credited to the Comapny's (bank) account, and all project costs have been cleared.

    • 4.5 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 Client.

    • 4.6 The Company 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. In the situation where any images and/or data that the Company does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow the Company to remove the contravention without hindrance, or penalty. The Company is to be held in no way responsible for any such data being included.

    • 4.7 In good faith, the Company would hold any supplied files, originals and materials for a period of up to 12 months. Resumption of works on the project would be completed according to the original schedule of costs so long as the project specification remained unaltered.

 

5 Cancellation

    • 5.1 The order may be cancelled until no work has commenced.

    • 5.2 Cancellation or variation of the whole or any part of the order by the Client is permitted if expressly agreed in writing (whether be printed or digital) by a person authorised to act on behalf of the Company. The Company is entitled to charge the Client for the time it has already spent working on the original order and further compensatory charges for booked design time or any other supply costs accruing.

 

6 Fees for Service

    • 6.1 All charges & prices for services carried out by the Company are subject to VAT (where applicable) at the prevalent rate. Unless otherwise expressly stated in writing (whether be printed or digital), all quotations and estimates by the Company are invitations to treat.

    • 6.2 All estimates are based on expected or agreed design time and include two sets of authors corrections where alterations are called for by the Client, or if additional changes are required by the Client.

    • 6.3 Where there is a change of brief, the Company will inform the Client in advance of any extra costs likely to be incurred.

    • 6.4 All projects are planned to an agreed schedule. Non-adherence to this schedule by the Client may result in compromising final delivery deadlines. If this is likely to occur, the Company will advise the Client as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs. Whilst every effort will be made to achieve agreed delivery, 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.

    • 6.5 Charges for design work do not cover the release of copyright design files including indd, psd, png, fla or any other source files; if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge.

    • 6.6 Disbursements on behalf of the Client may result in a request for payment in advance.

 

7 Payment

    • 7.1 Payments may be made by online bank transfer, paypal service, credit card, or debit card, or if previously agreed in writing (whether be printed or digital), also by other means.

    • 7.2 Unless otherwise agreed in writing (whether be printed or digital) the Company will invoice for completed work. Unless the sale is for cash, or other credit terms have been expressly agreed in writing (whether be printed or digital), all accounts are due for payment on or before 14 days following the date of dispatch of invoice.

    • 7.3 Quotes are valid for 30 days from the date of the Quote. All prices quoted may be subject to change without notice after this period.

    • 7.4 The Client shall not be entitled to set off against any amount payable by reason of any dispute or claim by the Client, or any amount due by the Company to the Client under any other agreement.

    • 7.5 The Client shall reimburse to the Company any costs incurred by the Company in re-presenting any cheque or other instrument delivered by the Client to the Company.

    • 7.6 The Company reserves the right at any time at its discretion to demand security for payments before continuing with or delivering any of the Goods notwithstanding any subsisting agreement to provide credit to the Client.

    • 7.7 Without prejudice to any other rights of the Company, if the Client shall fail to make punctual payments of any sum under any contract between the Company and the Client, the Company may, at its option, either withhold delivery of the Goods until the total indebtedness of the Client to the Company has been discharged, or cancel the contract.

    • 7.8 The Company reserves the right to make a surcharge of 2% per month interest to accounts that are not paid by this time. Client credit screening may affect any subsequent credit agreement.

 

8 Delivery

    • 8.1 Delivery will be deemed to have been effected when the work is sent to the Client by email.

    • 8.2 If the Client wishes to claim that there is any shortage on the delivery of any service or that any of the ordered services are delivered incomplete, the Client shall give notice in writing (whether be printed or digital) to the Company within seven clear working days after the date of delivery, failing which the service shall be deemed to have been completed and in accordance with the delivery documents. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.

    • 8.3 If a choice of design is presented, only one solution is deemed to be given by the Company as fulfilling the contract. All other designs remain the property of the Company, unless agreed in writing that this arrangement has been changed.

 

9 Disputes, Title and Risk

    • 9.1 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 Client to inform the Company immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, deadline), without such information, no disputes will be entered into.

    • 9.2 The title in the service shall remain with the Company until the Client has paid all sums owed by the Client to the Company whether in respect of this order or otherwise.

    • 9.3 The Company is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold the Company responsible for any such loss or damage. Any claim against the Company shall be limited to the relevant fee(s) paid by the client.

    • 9.4 The Company may at any time recover and resell works in which title shall not have passed to the Client.

 

10 Force Majeure

    • 10.1 The company shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond it’s control including (without limiting the foregoing), Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply, Lock out, Strike by employee’s in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto, shall otherwise accept delivery when available.