These Standard Terms apply to the supply of all products and services supplied by The Drummer Agency (a trading name of Red & Green Marketing Ltd), unless we otherwise agree in writing.
We accept orders and instructions only on the basis that those instructing us do so as principals and are liable directly to us for payment of our account.
USE OF THIRD PARTY CONTRACTORS
We may, as your agent, directly or through an intermediary ask another contractor ("Third Party Contractor") to carry out some or all of any work which you instruct us to carry out for you. We shall pay the charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will take all reasonable care in selecting and instructing a Third Party Contractor. However, we have no control over the activities of a Third Party Contractor and therefore accept no responsibility for the services provided to you by that Third Party Contractor or for any errors or omissions in its work or products.
ADEQUACY OF INSTRUCTIONS
We provide services only on the basis that those instructing us give us all proper, necessary and timely instructions, authority and information (including the execution of all documents required) to enable us to undertake lawfully and effectively the business instructed, and that those instructing us indemnify us accordingly.
COPYRIGHT AND PUBLICATION
We accept material for printing and/or publication on the basis that those submitting the material are responsible for ensuring it is free from defamatory matter and does not infringe copyright or any other third party rights, and that those instructing us indemnify us accordingly.
Proofs of work may be submitted for your approval. We shall incur no liability for any errors not corrected by the customer in proofs submitted. Alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to our judgement, changes made by the customer shall also be charged extra.
THIRD PARTY RELIANCE
Our services are provided solely for the use of our client and that client's own client on whose behalf the work has been commissioned and shall not be used or relied upon by any other third party.
DELIVERY OF PRODUCTS AND SERVICES
Products are delivered using first class post, FTP or email (as appropriate), unless otherwise stated. Where you request an alternative method of delivery, you must meet those costs. Services are provided using reasonable skill and care.
The description and price of goods and services and delivery details will be provided in the confirmation of order and/or invoice despatched with the product or service. Products and services will be provided in accordance with the timescales set out in the Consumer Protection (Distance Selling) Regulations 2000 unless otherwise agreed with you.
We may require cash payment in advance before providing any goods or services. Where we have agreed credit terms for you our invoices are due for payment 30 days from their date. We reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
The purchase of Amicus Credits are non-refundable.
NON-COMPLETION OF SERVICES
Where you instruct us to undertake any service, you will be responsible for our costs in providing that service whether or not it proceeds to its conclusion.
We accept no liability for loss or damage (direct, indirect or consequential) including all loss of profit or business arising out of any single claim, event, or series of related claims or events (including claims based on negligence).
The Drummer Agency will use personal information which we hold about you to provide our services and products to you, for credit control and market research purposes and to inform you about our services and products or events which we believe may be of interest to you.
We may only share your information with staff, clients, or other specialist networks with the sole purpose of completing your order or transaction. In order to provide services to you we may be required to pass your personal information to parties located outside of the European Economic Area in countries which do not have data protection laws equivalent to those in the UK. Where this is the case we will take reasonable steps to ensure the privacy of your information. Except in the situations listed above or as required, allowed by law or other regulation, we will not pass, disclose, rent or sell your personal information (other than any personal information which is already publicly available) to any third party without your prior consent.
We make every effort to ensure the security of our systems. Unfortunately, no data transference or storage can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information after we've received it, we cannot ensure or guarantee the security of the information.
You have the right, by written request and on payment of a small fee, to a copy of any personal data (as defined in the Data Protection Act 1998) which we hold about you.
We try to ensure that any websites we produce will function correctly on the server they are initially installed on and that they will function correctly when viewed with the latest versions of Microsoft Internet Explorer and Mozilla Firefox running on Windows 2000 Professional, Safari, Chrome and other mainstream browsers. Due to the large number of possible operating system and browser combinations we cannot guarantee our websites will function correctly on all systems and request that you detail specific browser requirements when placing an order for a website.
In certain circumstances we are required by law to collect evidence of identity from our clients. If you fail to supply any due diligence which we request we will be unable to provide services to you.
If you are unhappy with any aspect of our service, please contact our Head of Client Services. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
QUOTATIONS AND COSTS
Our quotes are valid for 14-30 days. Any advance payments are due immediately, with the remainder due within 30 days of date of invoice. Our costs exclude VAT and any outside costs incurred (for example: travel, photography, stock imagery, delivery and couriers). Where outside costs are incurred, we reserve the right add margins as we see fit.
Our hourly rate is £90.00 p/hr. Any work outside an agreed list of deliverables, in the absence of a quote or due to author's changes is charged at this rate.
We will provide you with estimated timescale for progress and completion of work and will use reasonable endeavours to meet those timescales (as long as you perform your obligations promptly). Any quoted dates or times are our best estimates only and we cannot guarantee that they will be met.
‘Where delivery is to be made by instalments, each delivery shall be deemed for such purpose to be the subject of a separate contract and any failure whatsoever by the seller in respect of any one delivery shall not entitle the buyer to repudiate the contract or any instalments remaining to be delivered thereunder’.
USE OF WORK FOR SELF-PROMOTION
We reserve the right to use any work we produce for the purpose of self-promotion.
CHANGES TO TERMS AND CONDITIONS
We reserve the right to make changes to these terms and conditions from time to time.
Contracts between us will be concluded in the English language and our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.