Terms and Conditions
Intro
The following Terms and Conditions (Terms) apply to all services (service/s, project/s) provided by Alpha Lupi Media (ALM, we, us) to the Customer (you), in conjunction with any relevant offer provided to the Customer by Alpha Lupi Media, unless otherwise agreed in writing.
We value our relationship with you and welcome any suggestions for its improvement. We are committed to resolving questions that may arise with our services. It is therefore important that you immediately raise any concerns you may have in mind.
The following Terms may seem extensive, but they serve to make our cooperation easier. They are like a map and signposts on the road so that we both know what, where and how to proceed. In the first instance, when possible, it will be based on common sense.
If there is any term or condition that prevents you from dealing with us, we will look at it and whenever reasonable we can set a different way.
Acceptance our offer, purchase and/or use of the services shall be considered as acceptance of the Terms.
Contact
Contact[@]AlphaLupiMedia.com or AlphaLupiMedia[@]gmail.com
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We work Monday through Friday, 9 a.m. to 5 p.m. according to the London time zone and holiday calendar.
In most cases we respond within 24-48 hours.
Initial arrangements
You declare that you are a person with all authority to make a contract or are acting on behalf of such a person.
The contract between us and you will consist of a price offer with specifications and these Terms and conditions.
A signature to initiate the contract may not be necessary, email or other written communication making it clear that the specified work is required to be performed shall constitute the initiation of the contract.
Offers and pricing
Offers and quotes are valid for 14 (fourteen) calendar days from the date they are sent to you. All prices quoted may be subject to change after this period. All prices quoted are exclusive of VAT.
Work Process
To ensure the most efficient cooperation, its course is as follows:
1. Quotation stage
You send us an inquiry.
We send you back an additional questions if we need more information, then a proposal and details of cooperation including the scope of work on our and your side, the price(s), the number of revisions, the estimated timeframe (start, end, individual stages if applicable), payment plan (deposit, intermediate payments, final payment, additional costs).
After you accept our proposal we may proceed to the next stage.
2. Preparations stage
Before starting work, is required:
a) that you undertake to inform us, prior to the start of the project, of circumstances that may affect the progress of the work, so that we can take this into account in the schedule (for example, your vacation)
b) payment of a non-refundable deposit of a minimum of 25% (twenty-five) of the price. The amount of the deposit may vary depending on the project. The deposit will be deducted from the final price and appropriately indicated on the invoice.
c) that you provide us with the materials and information needed to carry out the project (such as branding, texts, graphics, etc) including data needed to issue an invoice.
You will have at least 3 (three) business days to provide the required materials and information. This deadline may be longer depending on the project and determined individually.
Please submit all required information in a timely manner at any stage of the project. Being late may affect longer deadlines and a higher final price for you as it affects our ability to serve other clients. Sometimes we may have to turn down quotes for other work to make sure your work is completed within the scheduled time. Thus, if you do not meet the deadline in a way that clearly risks assumed timelines, we may terminate the project and invoice you for the work done.
3. Design stage
During the design process, we will provide you with an examples, suggestion, draft of the project, sending you adequate files (e.g. PDF) or links, which you can review and accept or send us comments. The number of revisions depends on the project specifications and is determined on an individual basis. In most cases, 2 revisions and 2 business days for each, is sufficient.
We will make every effort to ensure that the project is free of bugs and works properly. However, we cannot guarantee that it will be free of errors. We do not proofreading. This is because you are the one who knows your business and content best. So please, keep special care during revisions (especially: dates, numbers, names, and places) so we can catch and fix potencial bugs.
When the project meets the specifications or we exhaust the number of revisions, we recognize that the project has been completed and accepted. Then, we will invoice you for the amount due. The payment term is 14 (fourteen) calendar days unless otherwise agreed.
4. Delivery Stage and Project Finalization
After we receive your payment, we will deliver the finished project to you within 5 (five) business days in the form of downloadable files. Plus, if applicable, you will receive relevant information on the necessary licenses.
You will have as much as 10 (ten) business days to download the files and check that everything works. Nevertheless, we advise you not to delay. Although we make efforts to archive all projects for a longer period of time we do not guarantee availability of project files and other materials.
We also recommend that you make an additional backup
Modifications of the project during the work, additional work
Any modifications to the project will be considered an amendment to the contract and may be priced independently. We will evaluate whether the change is possible at the stage requested, whether it can be included in the cost of the project or whether it will incur an additional cost and time. We reserve the right to refuse to perform additional tasks.
This helps keep the project on schedule and within budget.
Expenses, licenses costs, unexpected expenses
In some cases, it may be necessary to obtain additional materials from 3rd parties, such as purchasing licenses, photos, graphics, etc. In most cases, we will determine already at the preparations stage whether such expenses will be necessary or worth considering. During the course of the work, when such a need arises, we will notify you and you will make the final decision on the purchase.
The cost of these purchases is on you. Likewise, any administrative fees to third parties and sometimes commissions related to the execution of payments will be charged to you regardless of the price stated in the offer (eg commissions to payment processors if you purchase, for example, photos in a currency other than GBP). These fees are not refundable.
We will do our best to make such costs an exception and as low as possible considering the procedures and tools we use. Whenever possible we will try to find out their estimated amount before they arise.
Payment
Before starting work, we require payment of a non-refundable deposit of a minimum of 25% of the order amount. The amount of the deposit may vary depending on the project.
Some projects (eg. time-consuming, work-intensive, requiring additional expenditures such as the purchase of licenses for the use of images) may require partial payments during project progress. This will be set when the arrangements for cooperation are made.
Any non-planned expenses (eg. photo purchase) will be consulted with you on an ongoing basis. So will not be suprised.
All the payments will be appropriately invoiced, so you have all needed documentation.
The payment term for the final invoice is 14 (fourteen) calendar days, unless otherwise agreed.
We expect payment by bank transfer or other form of payment indicated by us.
Payment can be made in British Pounds, Euros, US Dollars, or Polish Zloty provided this has been agreed in advance. Please, keep in mind that a sum sufficient to cover commissions, exchange fees and any other additional costs incurred will be added to the amount due. Any payment returned by the bank or credit card issuer will be charged a £10 administration fee. This will be invoiced and will be added to the your total due.
Overdue payments
In accordance with the The Late Payment of Commercial Debts (Interest) 1998, interest will be charged on all payments received beyond the due date at a rate of ‘statutory interest’ – this is 8% (eight) plus the Bank of England base rate, daily.
In the event that debt collection becomes necessary, you agree to pay all fees (including any legal fees and court costs) incurred in the process.
While any payment due remains unpaid, we are entitled to stop any work that we would otherwise be required to perform under the contract.
Until the payment is settled, you cannot use any effects of the work done so far. The project does not become your own in any scope.
VAT
We operate as vat exempt.
Refunds and Consequential losses
If for any reason we are unable to provide the agreed product or service in accordance with these Terms and conditions, our liability will be limited entirely to a pro rata refund of the fees paid by you for the service or product. In no event will we be liable to you or any third party for any consequential loss arising from causes beyond our control.
We have no liability for any indirect or consequential loss or loss of anticipated profit or other benefit and shall not be liable for any of the following: loss of profits; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated savings; or loss of goods; or loss of contract; or loss of use; or loss due to corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; or any damages paid by you or loss suffered by you arising out of any allegation or claim that any Input Material breaches any Intellectual.
Advice and consultation
Any advice, suggestion, recommendation or other consultation regarding any product or service provided by us or by a third party, whether introduced by us directly or indirectly, is accepted by you as an opinion and as such you agree that you will first obtain professional advice before taking any action regarding any of the above. In addition, you agree to release us from any and all liability with respect to any decision made or action taken by you, which may or may not be a direct or indirect result of any contact or collaboration with us.
Our advice is by its nature subjective. It is up to you to follow our ideas and suggestions. It is not possible and we do not guarantee that any of these ideas and suggestions will increase your results.
Our responsibility is limited to notifying you of any suspected or unresolved issues within the edited work. You are responsible for accepting (or rejecting) our suggestions and resolving any issues identified by us (e.g. suspected plagiarism). Rejecting or disliking our suggestions is not a basis for refusing to pay the fees outlined in our agreement.
Subcontracting
If necessary, we reserve the right, and you hereby agree, to use subcontractors to work on any aspect of the project.
Confidentiality
Any information that the party may acquire through the effectivity of this agreement shall berecognized as Confidential Information. No party is allowed to sell, release, share, or otherwise disclose to any party any confidential information without the consent of the other.
Communication
Email is the preferred method of communication with us. Invoices and quotations will be sent by email and will be a legal document, just as sent by snail mail.
The design process will be carried out by email, publishing a sample design on the Internet (confidentially), uploading a file design to a computer disk or server, or any other method appropriate to the specific circumstances.
Copyright and References
All materials provided by you and used to build the project for you remain your property. It is assumed that all such materials are your property and may be used freely without fear of copyright infringement. You release us from any claims arising from the use of materials of any kind supplied by you or obtained under your direction from third parties, such as graphic designers.
The copyright of all materials provided and projects done by us will remain our property until you make full payment for the project. After full payment made, the rights to the end product shall beowned by you.
Copyright in an original work automatically belongs to us as the one who created the work. Editing that work does not change the our copyright in the original work, but you as the editor could claim copyright in the edits. Also, depending on the extent of editing, the edited version of the original work could be considered its own original work (sometimes known as a derivative work). Copyright in that changed version would rest with you as the editor.
Any part of the project may be copied, reproduced or redistributed in any electronic or other form only to the extent agreed in project specification unless a license or other agreement is in place.
Keep in mind the license Terms of resources purchased from 3rd parties (e.g. photos). As the license holder, you are fully responsible for the use of these resources.
We retain the right to display graphics and other preject design elements as examples of our work in their portfolios or reference materials. At your request, we will anonymize your branding.
Cancellation, termination and suspension
We may, by written notice, terminate the agreement between us immediately upon the occurrence of any of the following events:
- You fail to pay any outstanding invoice.
- You commit a material breach of any of the Terms of the agreement between us.
- You or the company you represent finds itself in a state of insolvency, bankruptcy, dissolution, etc. At the same time, we reserve the right to exercise any other rights we may have against you. In the event that the Agreement is terminated after the occurrence of any of the above circumstances, we will not refund any money paid to us by you.
- We reserve the right to terminate cooperation if we experience inappropriate, threatening, hostile or offensive behavior from you or your representative.
Otherwise, we commit to a 7 (seven) callendar day notice period, unless we mutually agree to a different one.
If you wish to terminate cooperation with us, a 7 (seven) callendar day notice period applies unless we mutually agree otherwise.
In mentioned cases we are still entitled to be paid for what we have done, and may keep your work until we have been paid.
In particular cases, we can agree on a temporary suspension of cooperation, but no longer than 30 (thirty) calendar days. A 7 (seven) callendar day notice period applies unless we mutually agree otherwise. However, we require payment of dues arising up to the date of beginning of the suspension of cooperation.
Indemnity and our right to refuse
We reserve the right to refuse to provide services which does not accord with our ethical policy, is or may be unlawful, or that we judge to be unfit due to content or otherwise.
We reserve the right to terminate cooperation immediately if condition as mentioned above arises in the course of cooperation.
All our services may be used for lawful purposes only. You agree to indemnify and hold harmless us against all damages, losses and expenses arising as a result of any and all actions or claims resulting from your use of our service.
Relationship of the Parties
The relationship of the parties in connection with this agreement is that of an independent contractor and no partnership, joint venture, co-venture, agency, or employee/employer relationship is intended.
Force Majeure
Neither party shall be deemed to be in default under this agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by any act of force majeure, fire, natural disaster, accident, riot, legal changes, or any other cause beyond the reasonable control of either party; provided that the party affected by such event shall notify the other party in writing as soon as possible, preferably within 7 (seven) callendar days of such event.
Data protection
We comply with the current law on data protection. We store and process information about our clients/customers in the context of our business. We are able, in most circumstances, to supply you on request with copies of the information that we store about you and your business. For details, please check our Privacy Policy.
Miscellaneous
Any agreed work and services shall be provided only in strict compliance with these Terms and conditions. The provision of work is undertaken only on the assumption that you have read and agree to these Terms and conditions in their entirety. You must ensure that the Terms of your order and any applicable specifications are complete and accurate.
Your statutory rights are not affected by your agreement to these Terms and conditions.
This agreement is governed by English law.
All notices, approvals, requests, authorizations, directions or on communications in connection with this agreement must be sent to us by email to contact[@]alphalupimedia.com or alphalupimedia[@]gmail.com (remove [ ] )
Any Notice sent by us to you will be deemed delivered and given for all purposes if sent to the email address provided by you, unless we receive a different email address in writing.
End notes
Keep in mind that we can not always guarantee an immediate start of the work. Nevertheless, we will propose the best possible date.
We will also make every effort to meet the agreed deadlines, but we cannot guarantee this in light of circumstances beyond our control. By the same token, we stipulate that we will not be liable for any consequential damages on your part in case of failure to meet the deadline.
We suggest that you always assume an extra reserve of time for unforeseen circumstances that may arise (including on your side). And if unforeseen circumstances arise on your side during the course of the work that may affect the progress of the work, notify us immediately.
Thank you for your time and interest!
If you have any questions, please feel free to email us!
Contact[@]AlphaLupiMedia.com or alphalupimedia[@]gmail.com. Remove [ ]
We work Monday through Friday, 9 a.m. to 5 p.m. according to the London time zone and holiday calendar. We respond to emails as quickly as possible. In most cases we respond within 24-48 hours.