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Creative Services Agreement: terms and conditions.  Issue No C9.

Hamilton House Mailings Ltd, Earlstrees Ct., Earlstrees Rd., Corby, Northants NN17 4HH
Phone 01536 399 000.  Fax 01536 399 012.

  1. If you (“the customer”) would like Hamilton House Mailings Ltd (“Hamilton”) to design and write a sales letter and/or create a survey/quesionnaire or contribute to a brochure for your use (“the work”) please read the following terms and conditions.  A confirmation of the detail of the job in question will be issued and will refer to these terms and conditions.  Acceptance of the confirmation will be deemed to be acceptance of these terms and conditions.
  2. Hamilton will produce the text of a sales letter, survey/questionnaire, brochure or catalogue.   If design work and/or graphics are to be included in this contract they will be stipulated separately, and they will be produced in the order outlined in clause 8.
  3. The style and approach that Hamilton will adopt has been outlined in phone calls and/or notes and/or personal meetings, and in agreeing these terms and conditions the customer agrees that the style and approach discussed meet the requirements of the customer.
  4. Upon receipt the customer will have the option of accepting the work for the fee as shown below, or rejecting the work.  If the customer wishes to reject the work the customer must inform Hamilton in writing such that the rejection reaches Hamilton within five working days of the despatch of the work.  In this clause time is of the essence, and Hamilton will acknowledge all such claims within five working days.  In the unlikely event the customer does not receive such a confirmation the customer must contact Hamilton by fax to inform Hamilton this has not happened.
  5. Where the customer rejects the work, the copyright of the work remains with Hamilton and the customer is specifically not licensed in any way to use any or all of the work in any form.
  6. If the customer is unsure or unhappy about any aspect of the work submitted then Hamilton will willingly discuss the work with the client on the telephone, and this discussion will not stop the customer exercising his right or return under clause 3.  However if the client asks Hamilton to re-write part or all of the work this will be taken to be an acceptance of the work in principle, and an acceptance of the ability of Hamilton to make amendments as required.  In requesting these amendments the client will then lose the right in clause 3 to reject the work.
  7. Because the process involved can include amending the text subsequent to its first presentation to the client, the text is read through but not proofed by a proof-reader apart from the writer.   It is normally expected that the client will arrange for final proof-reading.
  8. Where the customer accepts the work, then copyright of the work transfers to the customer upon payment of the invoice by the due date.  However the customer agrees only to use the work for his own business and not to use nor to permit to be used the work as presented, or in any modified form, with any other business or organisation without specific written permission of Hamilton.  For clarity, the “copyright of the work” is taken to mean that the finished design and/or copy may be used by the customer without payment of any fee to Hamilton House.  However original sketches, drafts, native files and art work remain the property of Hamilton House.
  9. Where the customer requires design and copywriting, Hamilton will produce the text and submit it to the customer for approval.  After any amendments have been made the customer must write by fax or email expressly accepting the text as satisfactory.  Hamilton will also produce a sketch of the design work for the customer to prove.  The design work will only be undertaken when written approval for the sketch and the final copy is provided.  If neither rejection nor acceptance of the text is received within the time limits laid down in clause 3 the text will be deemed to have been accepted and will be invoiced, but design work will not proceed until the written acceptance of the text and design sketch has been received.  Once the design sketch has been accepted the customer will not have further right to cancel the work.
  10. Following transmission of the work Hamilton will issue an invoice for the work undertaken, this invoice to be paid within 30 days of issue date.
  11. Hamilton will use all due care to create a work which meets the customer’s needs.  However the customer must recognise that Hamilton often does not possess information on what the customer’s competitors are doing, and nor does it have technical information about the product or service being sold.  Because of this Hamilton does not guarantee that the customer will gain any specific results or sales from using the work, and will not be responsible for any direct or consequential losses or damages of any kind that result from the use of the work.   Because of this Hamilton strongly recommends that all new copy should be tried in short run promotions to begin with in order to test the responsiveness of the promotion. 
  12. Should any claim be made at any time against Hamilton by the customer Hamilton’s liability will always be limited to the value of the invoice issued by Hamilton in respects of creating the work.
  13. It is in the nature of its creative activities that Hamilton staff accept on good faith any claims or suggestions made or implied by its customers either in writing or during conversations with Hamilton directors and staff.  Hamilton therefore does not submit the works it creates for its customers to the Advertising Standards Authority or other bodies and does not have its work checked by solicitors or other professionals prior to submissions.  Customers should therefore always check that all explicit and implied claims made within the work submitted by Hamilton are true and can be verified should this ever be required.  Hamilton will not be liable for any loss or claim arising as a result of matter included within the work submitted to the customer, nor any consequential or other loss arising as a result of any mistake or misunderstanding or other that is incorporated or omitted from the work no matter how caused.
  14. The General Terms and Conditions of trade of Hamilton House Mailings Ltd shall apply.  Where any term or condition appears in the general terms and conditions and which may contradict any term or condition here, these terms and conditions shall take precedence.

 

  1. The work Hamilton House will produce is:
  2. The charge is:

Please complete this form and return to Hamilton House Creative on 01536 399 012.

I have read the terms and conditions for creative services issue number 9, of Hamilton House Mailings Ltd relating to the production of a work for use in the promotion of this company, and wish Hamilton House to proceed to produce the work as discussed in accordance with these terms and conditions.   I agree the price will be as set out in that contract.

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