Terms and Conditions
1. Contractual terms and conditions
1.1 The completed instruction form, sent to Alexandra Lunn Studio (‘AL Studio’) is an offer by the person or company rst named (the ‘Customer’) on the front side of the instruction form (the ‘Instruction Form’) to enter into a contract with AL Studio for the provision of its services. A contract will only be concluded upon issue by AL Studio to the Customer of written confirmation that the instruction has been accepted.
1.2 AL Studio reserves the right in its absolute discretion, and without giving reasons, to reject the instruction and to decline to enter into a contract.
1.3 A contract shall only be concluded on the terms and conditions contained on this form. The contract shall be personal to both parties and non-assignable under any circumstances.
1.4 The Customer shall notify AL Studio of any change in the particulars shown on the Instruction Form. Alterations take effect on the date shown in a confirmation notice issued by AL Studio to the Customer.
2.1 Charges will be made to the Customer in respect of the services provided. The rate of each charge shall be revised by AL Studio from time to time entirely at its discretion. Upon any change in charges the Customer will be sent a copy of the revised fees indicating the date on which the new charges take effect.
3. Extent of AL Studio Liability
3.1 Any quoted completion times are best estimates only and whilst it uses all reasonable efforts to
complete work in the shortest possible time, AL Studio shall have no liability if the time it takes to complete an instruction exceeds any estimate given or otherwise exceeds the Customer’s expectations for whatever reason nor shall AL Studio have any other liability to the Customer in connection with the time
at which the work is completed. Should it become unreasonable or unlikely that the quoted completion time will be met, AL Studio will inform the Customer in writing of a revised completion date.
3.2 AL Studio shall have no liability for any damage, loss, costs claims or expenses (whether foreseeable or not) incurred or suffered by the Customer (other than in the event of death or personal injury) by virtue of eventualities or occurrences, acts or omissions including on the part of AL Studio outside of the reasonable control of the work done.
3.3 If AL Studio rejects an instruction it shall have no liability to the Customer if it has used all reasonable endeavours to notify the Customer of the rejection.
3.4 Any claim or complaint shall be notified by the Customer to AL Studio within 5 working days of the date of the relevant issue or, if later, the rst date on which the Customer became aware of (or should have become aware of) the matter.
4.1 An 50% deposit invoice will be issued upon the start of a project and 50% upon completion of the Instruction Form for the entire fee charged to the address and relevant person indicated on the Instruction Form. AL Studio will not commence work until half of the fee charged is received. Each invoice will only cover work explicitly described within it. The work will follow a Creative Process Flowchart.
4.2 Settlement in full is due 14 days from the completion of the work described in the relevant invoice.
4.3 AL Studio reserves the right to charge interest on unpaid accounts at the rate of 4% accruing on a daily basis and compounded on a six-monthly basis from the due date until full settlement. The interest rate os 1% of the overall fee per day.
4.4 The Customer shall pay to AL Studio any reasonable expenses (including those charged by any debt collection agency) together with all legal and court costs incurred in the collection of any overdue payment and the minimum charge in this respect shall be £10.
4.5 Queries must be notified in writing to AL Studio within 10 days of receipt of the invoice after which date the Customer shall not be entitled to dispute the amount shown save for manifest or gross error.
4.6 Any deposit paid in connection with your instruction may be forfeit in the event of on-going late payment of invoices.
5. Termination of Instruction
5.1 The instruction is terminable by either party in writing on seven days’ notice at any time without any reason being given and may also with immediate effect be terminated by AL Studio without notice
at any time if any amount is due and unpaid by the Customer.
5.2 Upon termination of the instruction for whatever reasons all sums payable to or chargeable by AL Studio, or otherwise appearing on the Customer’s account, shall become immediately due and payable in full if not already due and payable.
6. Alteration to these Terms & Conditions
6.1 AL Studio reserves the right to alter or vary these terms and conditions in any respect at its absolute discretion upon notifying the Customer of the relevant alterations and of the date upon which such alterations take effect.
7. Proprietary Rights in Content
7.1 All material and/or content produced by AL Studio shall be copyright of AL Studio and its licensors, unless the Customer pays ALStudio a sum of 50% of the overall fee for the cost of the project, whereby upon receipt of the payment, ALStudio will pass over full ownership of the content or material to the Customer.
7.2 The Customer is permitted to view, print and download the material produced by AL Studio solely for the purpose explicitly stated in the Instruction Form.
7.3 The Customer is not entitled to modify the content or reproduce, republish, distribute, transmit, link, frame or deep-link it on any website other than the one(s) explicitly stated on the Instruction Form without the permission of AL Studio.
7.4 The Customer is not entitled to distribute, transmit, reproduce or publish by electronic or any other means any part of the content if it does not form part of the purpose stated in the Instruction Form or without the permission of AL Studio.
7.5 All other rights relating to intellectual property content of AL Studio, including trade marks and moral rights accruing to AL Studio, remain reserved.
8.1 Any notice to be served on either party shall be in writing sent by pre-paid post, facsimile or email to the last known address of the addressee. It is the duty of each party to notify the other of the appropriate address. Any notice shall be deemed to have been received by the addressee within 48 hours of posting or 24 hours if sent by facsimile or email.
8.2 This agreement constitutes the entire agreement between the parties relating to the subject matter of this agreement and supersedes all prior communications, drafts, agreements, representations (other than those made fraudulently), warranties, stipulations and undertakings of whatsoever nature, whether oral or written between the parties.
8.3 No variation of this agreement shall be valid unless in writing and signed by or on behalf of both parties.
8.4 The invalidity or unenforceability of any term of, or any right arising pursuant to, this Agreement shall not in any way affect the remaining terms or rights.
8.5 The Customer agrees that AL Studio may use information provided by the Customer in order to conduct appropriate anti-fraud checks. Any information that the Customer provides may be disclosed to a credit reference or fraud prevention agency, which may keep a record of such information.
9. Applicable Law
9.1 These Terms and Conditions, and any non- contractual obligations arising out of them, are governed and construed in accordance with the law of England and Wales and any proceedings resulting out of these Terms and Conditions, and any non- contractual obligations arising out of them, shall be held in the Courts of England & Wales.
10. Third Party Transaction Rights
10.1 Rights under these Terms and Conditions only accrue to a person party to this agreement. Accordingly a person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.