Terms & conditions
Our business address is:
Hardmans Business Centre
New Hall Hey Road
Company Number: 12434246
The following Terms and Conditions of Service apply to all products and services provided by Hawkrose Ltd, hereafter referred to as Hawkrose.
All work is carried out by Hawkrose on the understanding that the customer has agreed to Hawkrose’s Terms and Conditions.
At the time of proposal, Hawkrose will provide the customer with a written estimate or quotation.
A copy of the written estimate or quotation is to be signed and dated by the customer or approved in writing to indicate acceptance and should be returned to Hawkrose. Alternatively, the client may send an official purchase order in reply to the estimate or quotation that binds the client to accept Hawkrose’s Terms and Conditions. No work on a project will commence until either document has been received by Hawkrose.
Payment terms will be agreed at the outset of a project between Hawkrose and the customer, The customer will be provided with an invoice on completions of work at each agreed instalment, on final completion of work or in the case of Events in advance. Hawkrose’s standard payment terms are 30 days from date of invoice. Invoices may be sent electronically or by post. Accounts which remain outstanding for 30 days after the date of invoice, Hawkrose reserves the right to charge an additional 5% of the outstanding amount.
Hawkrose also reserves the right to claim statutory interest at 5% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
Payments may be made by cash, cheque, or by BACS or previously agreed electronic funds transfer.
The fee is exclusive of Value Added Tax and the customer shall pay any Value Added Tax chargeable in addition to the fee. Hawkrose may assign to a third party the right to render invoices and receive payment.
Publication and/or release of work done by Hawkrose on behalf of the customer, may not be released if instalment payments have not been met. Hawkrose reserves the right to enforce that any work that has been ordered as per the Project Acceptance clause but is deemed work in progress shall become fully payable (100% of the order amount plus any interest) if the customer is in default for any other order or if 30 days has passed since the order date. Hawkrose will not release the work in progress until payment has been made in full.
Returned cheques will incur an additional fee of £100 per returned cheque. Hawkrose reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Hawkrose shall be considered entitled to remove Hawkrose’s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services and products.
Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Hawkrose reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights & Trademarks
If a choice of product is presented, only one solution is deemed to be given by Hawkrose as fulfilling the contract. All other products remain the property of Hawkrose, unless agreed in writing that this arrangement has been changed.
The customer may request in writing from Hawkrose, the necessary permission to use materials in forms other than for which it was originally supplied, and Hawkrose may, at its discretion, grant this either for free or for a release fee. Such permission must be obtained in writing before it will allow any materials to be used.
By supplying text, images and other data to Hawkrose for inclusion in the customer’s products, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
By supplying images, text, or any other data to Hawkrose, the customer grants Hawkrose permission to use this material freely in the pursuit of the design.
Should Hawkrose, or the customer supply an image, text, audio clip or any other file believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Hawkrose to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Hawkrose free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permission.
“Data Protection Laws” means all applicable laws, codes of practice and legally binding opinions, directions, decisions relating to the processing, protection or security of personal data and direct marketing. The terms “data subject”, “personal data”, “processing”, “subprocessor” and “supervisory authority” have the meanings given to them in the General Data Protection Regulation (EU) 2016/679.
In connection with the Agreement, each party shall comply with all relevant provisions of the Data Protection Laws.
The customer agrees that changes required over and above the estimated work, or required to be carried out after acceptance of the draft design will be liable to a separate charge. Hawkrose will keep the customer informed if additional charges are likely to occur.
The customer also agrees that Hawkrose holds no responsibility for any amendments made by any third party, before or after a product is developed.
Any product created for the customer by Hawkrose, or any of its contractors, is licensed for use by the customer on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Hawkrose and any of its relevant sub-contractors.
All work where there is a risk that another party make a claim, should be registered by the customer with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Hawkrose will not be held responsible for any and all damages resulting from such claims. Hawkrose is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Hawkrose responsible for any such loss or damage. Any claim against Hawkrose shall be limited to the relevant fee(s) paid by the customer.
The customer agrees to Hawkrose’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Hawkrose in relevant electronic formats as standard text (.txt), MS Word (.doc), memory stick or via e-mail.
Images that are supplied in an electronic format are to be provided in a format as prescribed by Hawkrose via, memory stick, FTP or e-mail. Images must be of a quality suitable for use without any subsequent image processing and Hawkrose will not be held responsible for any image quality that the customer later deems to be unacceptable. Hawkrose cannot be held responsible for the quality of any images that the customer wishes to be scanned from printed materials.
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.
Any indication given by Hawkrose of a project’s duration is to be considered by the customer to be an estimation. Hawkrose cannot be held responsible for any project over-runs, whatever the cause. However Hawkrose will always endeavour to deliver projects on time and will undertaken any necessary action to adhere to this.
Hawkrose considers the project complete upon approval from the customer. Other services contracted on the customer’s behalf constitute a separate project and can be treated as a separate charge.
Software Design Only
Once software design is complete, Hawkrose will provide the customer with the opportunity to review the resulting work. Hawkrose will make any set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Hawkrose in writing. Ongoing changes may be agreed on a fee retainer basis.
Hawkrose will consider that the customer has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Rights of Refusal
Hawkrose will not include in its designs, any text, images or other data that 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. Hawkrose also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Hawkrose does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Hawkrose to remove the contravention without hindrance, or penalty. Hawkrose is to be held in no way responsible for any such data being included.
Cancellation of orders should be made by telephone contact or e-mail. However, following this, Hawkrose will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed. The balance of monies due must be paid within 30 days. Any cancellation which is not formally confirmed in writing and received by Hawkrose within 14 days of such instruction being issued, will be liable for the full quoted cost of the project. Cancellations will only be accepted up to 30 days after the order date. Any cancellations made after this time will be liable for the full order amount. Fees paid for attendance at events are non-refundable unless the event is cancelled.
Hawkrose makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Hawkrose will not be held responsible for any and all damages resulting from products and/or services it supplies. Hawkrose is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Hawkrose responsible for any such loss or damage. Any claim against Hawkrose shall be limited to the relevant fee(s) paid by the customer.
Hawkrose reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Hawkrose will not knowingly perform any actions to contravene these and the customer also agrees to be so bound.
Hawkrose and its customers agree to comply with any appointed printer’s Terms and Conditions that include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Hawkrose recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Hawkrose reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance and Variation of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Hawkrose and validated by the customer’s signature on the estimate or quotation form, email approval or via an official purchase order constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the customer and Hawkrose.
In the event of a conflict between these Terms and Conditions and any other Terms and Conditions, these Terms and Conditions shall prevail unless expressly agreed in writing by a director of Hawkrose.
If any provision in these Terms and Conditions is held to be invalid or unenforceable by any judicial or other competent authority, Hawkrose and the customer agree that: a) all other provisions of these Terms and Conditions will remain in full force and effect and will not in any way be impaired; and b) that provision, if it would be valid or enforceable if some part of the provision were deleted, will apply with the minimum modifications necessary to make it invalid and enforceable.
In no event shall Hawkrose be liable for any punitive, incidental or consequential damages in any action arising from or related to this Agreement, whether based in contract, tort (including negligence), intended conduct or otherwise, including without limitation, damages relating to the loss of profits, income or goodwill, regardless of whether such party has been advised of the possibility of such damages. In no event Hawkrose’s liability under this Agreement or otherwise in connection with this Agreement, exceed the amount paid by the customer.
Hawkrose shall not be liable for any delay or failure to fulfil its obligations hereunder that results from an act of God, war, terrorism, civil disturbance, court order, legislative or regulatory action, catastrophic weather condition, earthquake, health restrictions or pandemics, failure or fluctuation in electrical power or other utility services or other cause beyond its reasonable control.
Governing Law and Jurisdiction
These Terms and Conditions are governed by and shall be construed in accordance with English law and all disputes in relation to these Terms and Conditions shall fall within the exclusive jurisdiction of the English courts.