Terms & Conditions
We will always do our utmost to fulfil your requests and meet your brief and deadlines, but sometimes it is best to have a few simple things written down so that we all know what will happen if, in the very unlikely event, things don’t go as smoothly as we would like.
Parties and Definitions
When we say ‘we’, ‘us’ or ‘our’ in these Terms, we mean Acme Graphics Limited, a UK limited company (Company No. 4924894; VAT Number 731 6239 46) whose registered office (and principal place of business) is at Engravers House, 35 Wick Road, Teddington, Middlesex, TW11 9DN and in doing so, we include all of our employees, officers and others connected with the operation of the company.
When we refer to ‘you’, we mean the person or entity, i.e. an individual, a commissioning Production Company or member of the production art department which, in respect of your obligations, includes any associated or affiliated companies and/or persons.
‘Artwork’ means all creative output: Graphic design, logo design, illustration, prints, signs, graphic props, digital files, copywriting and all other items created and supplied by us.
1. We specialise in creating graphic design, illustration, animation and graphic props which have been commissioned by production companies for use in the filming of commercials, feature films and television programmes. We have 26 years of experience and the abilities to perform the services you require of us, and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all deadlines set, but we can not be held responsible for a missed deadline if a brief has been submitted too late, or artwork has not been approved or signed off in good time.
2. All artwork commissioned by you and supplied by us is done so on the understanding that you have read, understood and fully agree to the Acme Graphics Limited Terms as presented here.
Artwork Copyright and Clearance
3. All artwork, commissioned by you and undertaken by us will be done so in accordance with the U.K. Copyright Law and Intellectual Property Rights Law, unless a prior contractual arrangement has been approved and signed before we commence the work.
4. Artwork and goods created and supplied by us will be done so with the understanding that we grant to you a single, non-exclusive licence to use the item or items for the sole purposes of filming of the programme, commercial or feature film you are producing. The graphic props will only appear in front of camera or added in post production for inclusion in the action. Use of the artwork for any other purpose will only be allowed if a specific contractual arrangement has been approved and signed beforehand.
5. Acme Graphics Limited do not offer a copyright clearance service of any kind. Each piece of artwork or physical graphic prop created by us and supplied to you, will be subject to full clearance checks of all contents (all fictitious graphic elements: logos, trademarks, names, photo images and text etc.) by your production company.
6. We do not accept responsibility for the clearance of content, artwork or supplied goods that have been submitted to you for approval and you have then subsequently signed off. Ultimately, usage clearance of any graphic props either commissioned, or from our library can only be determined by your production’s legal department.
7. We own a large library of previously designed artwork. If an item of artwork from this library is selected to be used in your production, we cannot guarantee its contents will still pass current clearance, due to the changing nature of legal checks. The names, images or text may have been checked at the time of creating the artwork, but it is your sole responsibility to check for current clearance and provide us with the necessary information to edit the contents, if any changes to the artwork are required to achieve current clearance, before supplying the items to you.
8. We supply prints and props from our library to productions with the understanding that a one off usage fee is attached to the item. Use of the artwork for any other purpose will only be allowed if a new contractual arrangement has been approved and signed beforehand.
9. If you provided us with material that we then incorporate into the artwork, it will be on the understanding that you have taken all the steps necessary to ensure that the items have passed all clearance checks, and that you have full permission to include the artwork and material in your production. Full responsibility for ensuring that all supplied artwork does not infringe any third party’s rights will reside solely with you.
10. You shall indemnify us fully, and hold us harmless against all losses, liabilities, costs and expenses which you may incur in respect of any claim that the artwork or material so provided infringes a third party’s legal rights. Furthermore, in the event of a claim being made against you in respect of infringement of a third party’s legal rights in material which has been supplied by us, and incorporated in the artwork, then you agree to not seek to make any recovery of financial loss, nor bring any action or other third party proceedings against us in connection with such claim.
11. Legal protection and appropriate registration of a design, name, mark or other material developed by us is your sole responsibility and should be done promptly after final approval, to preserve such rights.
12. Once the artwork has left our premises, we cannot be held responsible for any damage or loss that may occur en-route to your location.
13. We will take all responsible steps to prevent loss or damage to any of your property while in our possession, however it will remain at all times the responsibility of yours to insure the property. In the absence of negligence on the part of us, no liability is accepted for any form of damage to or loss of your property. We will also maintain the confidentiality of any property or information that you give us in relation to the production of the artwork.
Invoicing & Payment Terms
14. Acme Graphics Limited’s standard payment terms for services rendered are on a strict 30 day basis, i.e. payment is required 30 days form date of invoice. All goods and artwork remain the sole property of Acme Graphics Limited until your account has been settled in full.
When quoting for artwork and graphic design, a reasonable amount of administration time, research and sourcing reference material for your project is included in the proposed fee. If the time taken to fulfil multiple quote requests, researching and sourcing reference material extends beyond the standard, reasonable time we would expect, Acme will charge an additional fee to cover this work.
During the course of developing proposals and quotes, and the production of design and artwork, a reasonable amount of phone conversations related to your project are included in our fee. If the time taken on the phone discussing your project extends beyond the standard, reasonable time we would expect, Acme will charge an additional fee to cover this time.
On receipt of an order to design, print and make graphic props for your production, we will require a Purchase Order to be in place or advance payment to proceed. If there is not a credit account already in place with Acme, a new customer credit account form will have to be completed and returned for us to proceed on a 30 day credit – invoice basis. If it is not possible, or not sufficient time to complete the form, we will then require payment in advance of commencing work.
15. Content displayed on our website are presented “as is” without warranty of any kind, either express or implied, including without limitation, warranties of fitness for a particular purpose, and non-infringement. Acme Graphics Limited does not make any warranties or representations as to the accuracy or completeness of the content of the website. Acme Graphics Limited periodically changes, improves and/or updates the content without notice. Under no circumstances shall Acme Graphics Limited be liable for any loss, damage, liability or expense incurred or suffered which is claimed to have resulted from use of the website, including without limitation, any fault, error, omission, interruption or delay with respect thereto. Use of the website is at a user’s sole risk. Under no circumstances, including, but not limited to, negligence, shall Acme Graphics Limited be liable for any direct, indirect, incidental, special or consequential damages, even if Acme Graphics Limited has been advised of the possibility of such damages.
16. Users of the website specifically acknowledge and agree that Acme Graphics Limited is not liable for any conduct of any user. Neither Acme Graphics Limited nor any of its agents, employees, information providers or content providers shall be liable to any user or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of or use of any contents herein, regardless of cause, for any damages resulting therefrom.
17. As a condition of use of this website, users agree to indemnify Acme Graphics Limited from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable legal fees) arising out their use of this website, including without limitation any claims alleging facts that if true would constitute a breach by the user of these terms and conditions. If a user is dissatisfied with any material on the website or with any of terms and conditions of use of the website, his or her sole and exclusive remedy is to discontinue using the website.
Links to third party web sites
18. The website contains links to third-party websites. The linked sites are not under the control of Acme Graphics Limited and Acme Graphics Limited is not responsible for the content of any linked site or any link contained in a linked site. Acme Graphics Limited provides these links only as a convenience, and the inclusion of a link does not imply endorsement of the linked site by Acme Graphics Limited.
You may contact us at firstname.lastname@example.org