Terms and conditions of business
As professionals in the field, we treat all our clients and their information in a professional, confidential way, mindful of the various international legislation measures pertaining to Data Protection, Telecommunications and Privacy. All of the work we execute is original, and where professional images are used, they are copyright cleared for their application.
Yum Yum & Mike Nash Ltd - Terms and conditions of business These terms and conditions shall form a part of the contract that shall exist between us.
1.1 Parties, Clients, Customer
This agreement is between Yum Yum a division of Mike Nash Ltd or its associates ("Us" or "We" or "Our") and any individual, business, sole trader, partnership or corporate body ("You" or "Your") who has placed an order for Us to perform a service ("Work") for You by means of You asking verbally or by e-mail or by fax or by letter for the Work to be done and by Us confirming Your order by e-mail or fax or letter.
2.1 Service, Services, Work
The term "Work" may include any kind of research, graphical work or any type of work connected with the Internet that is ordered by You and supplied or carried out by Us.
2.2 Acceptance of terms and conditions
By requesting Us to do Work for You, You accept our terms and conditions and agree that You will pay Us for the Work an amount not less than that specified in Our quotation at the times or stages specified in Our quotation.
3.1 Trademarks and copyrights
Mike Nash Ltd We often exchange links and associations with other parties, companies and websites where there is mutual gain. If you use the name or logo of Mike Nash Ltd you agree not to use them for any derogatory or libellous or illegal purpose digitally or in print. Spamming using the Mike Nash Ltd name logo or any other connection therewith is specifically prohibited. All material in this document, logo, letterhead, website and print material is copyrighted and protected by national and international copyright law.
3.2 Trademarks and copyrights
Services All work is the sole copyright of Mike Nash Ltd until it is fully paid for by You. Once Your payment has been cleared by the banks/financial institutions, the Work becomes your copyright and you are free to use it in whatever way you wish. All assets other than the finished Work, including working files, fonts and graphics remain the property of Mike Nash Ltd. This is to ensure future production and to reduce overall copyright costs. Copyright on any outsourced assets requested by you, including agency photography, audio, fonts etc, is subject to suppliers' terms beyond our control that may limit usage to the purpose specified by you and must be adhered to on an individual basis.
4.1 Terms
The terms of payment and price for the Work will be confirmed by Us before We commence the Work. Foreign contracts are quoted in UK£ and converted to other currencies on the day of quotation.
5.1 Use of service
You may not use the Work for any unethical or illegal purposes. Mike Nash Ltd reserves the right to terminate work that might, in Our opinion, breach the law or the rights of Us or any other third party. All rights in the work shall immediately and automatically revert to Us if you use the Work for any illegal purpose.
6.1 Censorship
We have a no-censorship policy unless illegal. Taste is a matter for you to decide. We accept work of all kinds that are legal in the UK.
7.1 Privacy
Mike Nash Ltd will not knowingly disclose to any third party any information You supply to Us. We have a strict policy of privacy and will not discuss your work with any third party. We might add your name to our customer list unless you ask us not to. You can request that the Work be ghosted at the beginning of service in which case the Work will appear to be Your work and Our name will not appear on the work anywhere and Your name will not appear on our customer list.
8.1 Liability
The Internet, including WWW, e-mail, FTP and other protocols are not guaranteed or may not prove to be 100% secure medium for transmission of data. Therefore Mike Nash Ltd cannot be liable either directly or indirectly for any damages including loss of data or mis-delivery of any work passing to or from Mike Nash via the Internet.
9.1 Warranty
Although we are professional suppliers of Work to a commercial standard, we make no warranty of any kind for the performance of Work either proposed or produced. Webwork tends to be one of two kinds, either design award-winning or commercially effective. We always give our best efforts and apply all our experience in trying to obtain the best commercial results for You, but we cannot guarantee any return rates, hit rates or other measures of success.
10.1 Indemnification
You agree and solemnly swear that you have the relevant permissions for the use of any names, trademarks, logos, artwork or likenesses that you supply to us to be used in the Work. You guarantee that there are no hidden codes or offensive or illegal meanings concealed within any material you supply and ask us to use in the Work. You agree to indemnify Mike Nash Ltd from any claims from any owner of any name, copyright, trademark, logo or other intellectual property that may arise from Your supplying Us with such property. If Mike Nash Ltd or its suppliers or subcontractors suffer any financial loss either directly or indirectly due to any act or omission by You regarding claims You have made or intellectual property You have supplied to Us then You hereby agree to fully indemnify and reimburse Mike Nash Ltd immediately upon demand.
11.1 Provisions
We reserve the right to make any changes to our terms at any time although such changes will not affect existing contracts. You are asked to keep an eye on the terms and conditions for updates that might affect future Work.
12.1 Ordering work
Some clients have not had experience in ordering work and We take this opportunity of pointing out that there are two ways of contracting Work. The first is to ask Us to do a professional job for You to the best of Our ability for which We give You a quotation. The second is to employ an artist, designer or programmer to bring into physical existence all your ideas and dreams in many changing permutations for which an hourly rate is paid because the work is open-ended. Unless agreed otherwise by Us, We undertake work in the former manner, not the latter. Our quotation includes Our supplying you with a reasonable choice of rough ideas at the commencement of the work. If you decide not to go ahead with Work based on the roughs We send You, all roughs remain the Our copyright and You may not have them worked up by someone else. Once you have chosen a rough idea, we will work it up into a final professional version designed to do the job to a commercial standard in which only minor changes will be accepted without making a further charge. If, at a later date after accepting a rough idea, You decide to change the whole concept of the Work, We will treat it as an abandonment of the Work and any Work We have performed from Your first accepted roughs may have to be paid for by You. If you want to try out many different ideas in finished versions, we will be happy to quote you an hourly rate.
13.1 Required Notice and Termination
You or We may terminate this agreement at any time in writing by letter or e-mail at which time. We will supply You with an account for that portion of the work carried out by Us up to the date of such cancellation and you agree You will make an immediate payment in full of that amount to Us. Mike Nash Ltd will not terminate this agreement without good cause. We are well known for meeting agreed deadlines.
14.1 Payment
All of the work we carry out is subject to payment on completion of the work unless otherwise arranged in writing. All work is invoiced upon completion. Where we have arrangements with a client to extract payment directly from a client’s bank account, we will e-mail an advice note before we extract the necessary payment. We reserve the right to cost non-Stirling invoices at the rate of exchange on the day of invoicing if rates become prohibitive.
14.2 Foreign exchange
Where foreign payments incur heavy processing charges because of a client’s choice of payment method, we reserve the right to pass on the extra charges to the client and add them to the bill. We will notify you in writing before making any such additional charges.
14.3 Outstanding accounts and payments
On all outstanding balances a written reminder is posted after 30 days. The 30 day period will begin when the date reaches the next calendar 28th after invoicing. Written reminders are reminders that our terms are payment on completion. They do not indicate any waiver of our terms. We understand that clients sometimes have cash flow problems and will try to accommodate any difficulties but that does not imply any changing of our terms. If the outstanding balance is not cleared after 60 days, a fee of 1.5% interest per month will be charged then and thereafter on any outstanding balance. If any balance remains outstanding at 90 days, another written reminder may be issued. If any balance remains outstanding at 120 days, you may be sent a written warning that you have fourteen days to make suitable arrangements for payment, otherwise the matter will be handed over for collection at our sole discretion.
15.1 The laws of England and Wales shall govern this agreement and any contracts between us.
16.1 Other information
If you need to know more, please feel free to Contact us or browse our client list.
17.1 Cordiality
All of the above conditions have arisen because there have been one or two clients over the years who have ordered work without intending to pay for it. On the other hand, we enjoy a close and friendly working relationship with the vast majority of our clients, as is normal in the advertising industry. We look forward to working cordially with you.
18.1 Responsibility
Yum Yum is a division of Mike Nash Ltd a limited liability company incorporated in the United Kingdom, Reg. No. 3455137. Foreign clients will be supplied with beneficiary tax details to satisfy withholding and dual tax regulations where necessary.
