The following General Terms apply to all Services provided by 1Hutch whether for the activities described herein or any subsequent activity that maybe agreed between 1Hutch and the Client.
1Hutch agree to keep any and all information provided by the Client confidential and use all reasonable measures to ensure that both the business plans and intellectual property of the Client are protected at all times and not shared with any party other than its respective officers, employees or, where required, its professional advisers and suppliers other than as may be required by law or any competent regulatory authority. The Client agrees to keep the terms of this Terms of Business and any pricing of the services of 1Hutch confidential.
The Client supplying text, images and other data to 1Hutch, the Client declares that it holds the appropriate copyright and/or trademark permissions to use such materials. The ownership of such materials will remain at all time with the Client, or rightful copyright or trademark owner.
Copyright on designs created by 1Hutch for the Client will be retained by 1Hutch on all design work including words, pictures, ideas, visuals, software and illustrations until such time as all costs have been settled in full at which time copyright will be deemed to have been transferred to the Client and 1Hutch acknowledges that the Client shall be the sole and only owner of the applicable copyright and free to use it in anyway the Client deems appropriate.
Additional Charges and Services
Any additional services agreed between 1Hutch and the Client not described herein will be agreed in writing including the cost of such additional work and will remain subject to these General Terms.
Payments and Defaults
All payments are subject to the terms set out herein and the Client acknowledges that full payment of invoiced amount is required prior to the release of final materials.
The Client acknowledges that in the case of late payment of any invoice for a period of 30 days or longer from the date of invoice without the written agreement of 1Hutch the Client will be considered in default and 1Hutch will be entitled to charge a penalty of 5% per month of the outstanding amount which will be to the total payment required.
The Client agrees that changes required over and above the estimated work, which will include no more than two sets of amends only. The Client further agrees that any further amends required by the Client will be invoiced by 1Hutch on the basis of the its published hourly rates. 1Hutch holds no responsibility for any amendments made by any third party, after a design is published.
Design Project Completion
1Hutch considers the design project complete upon receipt of the Client’s approval via any means verbal or electronic. Completion of a project shall not include other services provided by third parties to the Client including but not exclusive to printing, display panel production, film work, website uploading, publishing whether contracted directly the Client or by 1Hutch acting for and on behalf of the client.
Rights of Refusal
1Hutch reserves the right to exclude from 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. 1Hutch also reserves the right to refuse to include submitted material without giving reason. The Client further agrees that any images and/or data that 1Hutch does include in all good faith, and later discovers that it contravenes the sentiment of this clause may be removed by 1Hutch without hindrance or penalty or at the Client request transferred to another party for completion.
Cancellation of orders must be conformed in writing by mail or email from the Client. Any cancellation will be without prejudice to work already undertaken by 1Hutch and the Client agrees that the work already undertaken or completed will be chargeable. On receipt of such a cancellation 1Hutch will provide a closing invoice within 7 days of receipt of such notice. The Client acknowledges that initial payment or deposits are non refundable.
1Hutch reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their respective terms and conditions. 1Hutch will not knowingly perform any actions which contravene these terms and conditions and the Client also agrees to be so bound.
These General Conditions supersede any previous General Terms provided to the client. 1Hutch may update the General Terms from time to time and will notify the Client accordingly.