Terms & Conditions of Sale

Our standard terms are provided below. Occassionally these terms vary depending on the specific requirements of certain projects. We provide a copy of our terms with all client quotations.

Definitions: The company is Triangle Multimedia Ltd. The client is the company, individual or organisation that places an order with and/or is liable for invoice by Triangle Multimedia.

1. In the event that the company has been instructed by the client to use copyrighted material or registered trademarks the company is not liable for any civil or criminal liability arising out of their use whether or not the client has a licence to use these materials. In this event the client is solely liable.

2. The client hereby licenses the company to use any Trade Marks or any other intellectual property rights proprietary to the client in relation to the products of the client and any information or material relating to such intellectual property rights for the purposes of performing the service.

3. The company shall not be liable for any other direct loss or damage under this agreement nor shall the company be liable for any loss of profits, revenue or contracts and liability in respect of third party claims or any indirect, consequential or incidental loss or damage of any kind whatsoever. However nothing in this clause shall have the effect of limiting the company’s liability for death or personal injury caused by its negligence.

4. The company is not liable for damages relating to any loss or damage, consequential or otherwise, caused to the client, the public, other companies, individuals or any other body or organisation resulting from work carried out by the company.

5. The company shall be liable to the client for any damages to the client’s property to the extent that it results from the negligence of the company up to a maximum of the total fees paid by the client as detailed in the Quotation.

6. The company retains all Intellectual Property Rights over any materials they have designed or produced in all formats printed, electronic or otherwise. No circumstances or passing of time can reverse this position.

7. The company owns all working files and materials used to create any product. These files may be purchased for 25% of the cumulative total of invoices at the date of request.

8. The client shall not modify, translate, reverse engineer, decompile, disassemble except to the extent that applicable laws specifically prohibit such restriction or create derivative works based on any software supplied by the company or any documentation accompanying such software.

9. The client will usually own the copyright over materials produced by the company on their behalf, unless other arrangements have been made. This is only the case for ‘final products’ and not working files.

10. The company retain the right to withdraw any product or service at any time. In this event the company must make all reasonable attempts to offer the client a suitable alternative whether from the company, an agent of the company or another third party. No guarantee is given in respect of the performance of the marketing mechanism called “Shout”.

11.Payment is to be made in British Sterling unless by prior written consent by the company.

12.Stage payments are charged by the company if by prior arrangement with the client. As detailed in the Quotation.

13.Payment is strictly 7 days from date of invoice, unless by prior agreement.

14.Late payment by the client will attract a monthly charge of 2%.

15. A 50% deposit is due before commencement of production on all work carried out over the value of £300 excluding vat, unless by prior written agreement.

16. No refunds are payable to the client unless the company is unable to supply a certain product or service or find a suitable alternative.

17. The company is not liable for the breakdown of our Internet Server Space and the consequential cessation in the broadcast of any web-site. In this event the company will endeavour to correct the fault as soon as reasonably possible.

18. The Company reserve the right to withdraw all products and services, including secure certificates and Internet hosting, if payment is not received within the prescribed 7 days from date of invoice.

19. The client must make available all necessary materials and resources needed by the company to conduct work for the client.

20. If it is deemed by the company’s board of Directors that a project has been delayed for a period of more than 4 weeks through non-cooperation or a lack of supply of materials by the client or their agents the client will be liable for full payment of the total project value at that time.

21. The company reserves the right to include its own accreditation on any work produced on any format unless by prior arrangement with the client.

22. Unless the company receives written objection to these terms and conditions from the client within 7 days of receipt of them by the client it is deemed that all the above are agreed between the company and the client. Proof of receipt being submission of Quotation.

23. The company retains the right to change these terms and conditions by giving the client as much notice as is reasonably practicable in the circumstances. Any clients affected by these changes will be informed of the changes within 30 days.

24. Signed company or client order forms are not subject to cancellation by the client under any circumstances unless by written agreement with the company. The only exception to this is where the company has acted contrary to these terms and conditions.

25. An order is defined as in effect upon receipt by the company of a signed client purchase order, a signed company order form, or the payment of project deposit.

26. Any notice under this Agreement shall be in writing and signed by the duly authorised representative of the party giving it. Any such notice may be served by electronic mail (followed by a hard copy of such electronic mail being sent by first class mail), facsimile transmission, by hand or by first class mail.

27. Neither the client nor the company shall incur any liability to the other in the event that it is delayed in the performance of its obligations hereunder solely by force majeure.

28. For the purposes of this Agreement but not by way of limitation force majeure shall mean any cause of delay beyond the reasonable control of the party liable to perform unless conclusive evidence to the contrary is provided and shall include, without limitation, and form of government intervention or shutdown of the internet (or any part thereof), strikes, lockouts, riots, sabotage, act of war, destruction of essential equipment by fire, explosion, storm, flood or earthquake or delay caused by failure of power supplies or transport facilities.

29. These terms and conditions are subject to the law of England & Wales irrespective of the location of the clients’ registered or head offices. It is agreed that the court used to determine any dispute is York County Court or York District Registry.

30. Each provision of this Agreement excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination or expiry of this Agreement.

31. Other terms and conditions may apply to specific contracts. The company will append any additions to these Terms and Conditions.

For more information email sales@trianglemultimedia.com or call 0870 766 1543