Terms and Conditions

Definitions:
In these Conditions the following words will have the following meanings:
“The Agency” “The Agency” “we” “us” “our” “EiP” and similar expressions means Evolution in Progress Limited;
“Agreement” means these terms and conditions and the proposal of works (Pow);
“The Client” “you” “your” and similar expressions refers to your company, the person or organisation who orders the Commissioned Work relating to these Conditions;
“Services” means the services provided by us to you pursuant to this Agreement;
“The Client’s Materials” means all materials delivered to The Agency by The Client;
“The Commissioned Work” “The Product” refers to the physical design work, copying, printing or other work howsoever described including where the context so admits, each edition of a periodical publication ordered by The Client from The Agency;
“Intellectual Property Rights” means any patents, registered designs, copyright, design rights, domain names, rights in databases and all similar industrial or property rights including those subsisting in inventions, discoveries, designs, drawings, patents, techniques, know-how or other design, manufacturing, scientific, technical or commercial information, computer programmes, and the right to apply for the registration or other protection of all or any of them in any part of the world and the benefit of all applications so made;
“Origination Items” are any items created by The Agency, any items purchased by The Agency or a any items created by a Third Party commissioned by The Agency;
“Terms and Conditions” means the terms and conditions set out in this Agreement.

Quotation
A quotation not accepted within 30 days is subject to review. All prices are based on material costs at the time
of quotation.

Condition of copy
Upon receipt of original copy or manuscript, should it be evident that the condition of the copy differs from that which had been originally described and consequently quoted, the original quotation shall be rendered void and a new quotation issued.

Author’s alterations (AA’s)
AA’s represent work performed in addition to the original specifications. Such additional work shall be charged at current rates and be supported with documentation upon request. No additional payment shall be made for changes required to conform to the original assignment description.

Creative/design work
Subject as provided in this Condition, all design work originated by The Agency shall, as to its material elements and as to the copyright or design right in relation to it, belong to The Agency, and The Client shall not have any right to reproduce or authorise any other person to reproduce any such design work in whole or in part or to do any act which would, in the absence of authorisation by The Agency, infringe any copyright or design right which may subsist in relation to any such design work.

In the course of the design work The Agency may originate physical material (including without limitation artwork, digital artwork, computer files, photographic negatives or positives, cd’s dvd, transparencies and printing plates, together with all other intermediate material including film work, stereotypes, proofs and progressives). This is referred to in these conditions as “origination items”. Subject as provided in this condition all origination items belong to The Agency absolutely.

On due payment by The Client for design work by The Agency, The Agency will: (i) return to The Client, The Client’s materials subject to payment by The Client of all expenses incurred; (ii) deliver and transfer to The Client copies of the origination items (where available); and (iii) at The Client’s request shall grant to The Client a licence to use the design works, but solely for the purpose for which it was commissioned unless otherwise agreed between The Agency and The Client.

Notwithstanding any of the above we shall be entitled during and after the term of this Agreement to use any or all of the design works for the purpose of promoting our own business.

Production schedule/delivery of project
Production schedules will be established and adhered to by The Client and The Agency, provided that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, labour trouble, strikes, accidents, energy failure, equipment breakdown, delays of suppliers or carriers, action of government or civil authority and acts of God or other causes beyond the control of The Client or The Agency. Where production schedules are not adhered to by The Client, final delivery date(s) will be subject to renegotiation.

Third party shipping
In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, colour separation, press work, or binding, The Agency will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.

Payment terms
For new Clients, payment of 50% of The Agreement is due up front before any work commences. The remainder will be paid within net 15 days of receipt of an invoice. Otherwise, all invoices shall be paid within net 15 days of receipt.

Payment terms for web design, hosting and web applications
Upon confirmation of the Client’s order, The Agency shall raise an invoice for 50% of the quoted price, and the invoice shall be due for payment upon receipt. Upon completion of the work specified in the Quotation, The Agency shall raise a second invoice for the remaining 50% which shall be due for payment 24 hours before the site goes live.

Claims
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to The Agency and the carrier within three (3) days of delivery (or, in the case of non-delivery, within seven (7) days of despatch of the goods) and any claim in respect thereof must be made in writing to The Agency and the carrier within seven (7) days thereafter. All other claims must be made in writing to The Agency within 14 days of delivery. The Agency shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Client proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.

Variations in quantity
Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5% for work in one colour and 10% for other work being allowed for overs or shortage (4% and 8% respectively for quantities exceeding 20,000).

Proofing of final project
The Agency will make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final proof to The Client. It is agreed that it is The Client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final proof. It is agreed that The Agency is not responsible or held liable for any errors contained in the Commissioned Work after it has been committed to print or posted in view of the public.

Cancellation
In the event of cancellation of the project, ownership of all copyrights and the original artwork shall be retained by The Agency, and a fee for work completed, based on the contract price and expenses already incurred, shall be paid by The Client.

Confidentiality
All correspondence and documents provided will be treated as confidential between The Client and The Agency, unless consent has been granted by both parties involved.