Vitamin Creative Ltd. Terms Of Business

1. Definitions

"Company" means Vitamin Creative Ltd.
"Client" means the person, firm or company placing an order with the Company
"Services" means any services provided by the Company as ordered by the Client
"Goods" means any goods provided by the Company as ordered by the Client

2. Application

These terms and conditions apply to any provision of services or materials by the Company to the Client.

3. Quotations

The prices, quantities and delivery time stated in any quotation are not binding on the Company. They are commercial estimates only which the Company will make every reasonable effort to achieve. Prices are quoted based on the scope of job descriptions and/or briefs. In the event of changes to job descriptions or briefs received after commission, the Company reserves the right to increase fees accordingly.

4. Compliance

Vitamin Creative Ltd. assumes that all content provided is legally and ethically sound. In providing content, the client indemnifies the company against any and all liability arising from material produced with this content. The company cannot accept any liability whatsoever for any damages caused by the use of material produced using client provided content. Where Vitamin Creative Ltd. creates content and/or designs at the client's request, it will always endeavour to ensure that the content and/or designs are legally and ethically compliant. However, it is the client's ultimate responsibility to confirm compliance. Vitamin cannot accept any liability arising from any content after approval has been indicated.

5. Rights

Vitamin Creative Ltd. retains all rights and intellectual property of creative material and title to goods until full payment has been received. On final invoice payment, Vitamin Creative Ltd. grants the client unrestricted licence to display and reproduce creative materials. The company does not release native/source artwork files for 3rd parties to remix or adapt. Where the company extends credit facilities to the client, allowing the client to use material with outstanding payment due, the company still retains the intllectual property and usage rights until final payment is received. If settlement is not received, Vitamin Creative Ltd. will seek compensation for the unauthorised use of its intellectual property. For further information regarding copyrights, please view this article (opens in new tab)

6. Proofing and Approval

Vitamin Creative Ltd. always endeavours to produce artwork with accurate content. However, it is the client's ultimate responsibility to ensure that material produced is correct. On approval, the client accepts full responsibility for errors and/or omissions. The company cannot accept any liability whatsoever for any damages caused by errors or omissions discovered after this approval has been given.

7. Confidentiality

Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other's business which comes into that party's possession and shall not use such information and material. This provision shall not, however, apply to information or material which is or becomes public knowledge other than by breach by a party of this clause.

8. Payment

Payment of first commission is on a 50% in advance, 50% on completion basis. After this, credit facilities can provided at the discretion of the company. However, Vitamin Creative Ltd. requires that invoices are paid on time. In the case of excessively late payments, the company cannot undertake further commissions until outstanding invoices are settled. Vitamin Creative Ltd. also implements the late payment in commercial transactions regulations 2002 (S.I. No. 388/2002) which provides for interest to be charged on late payments.

9. Cancellation

In view of the nature of the services provided by the company, cancellation of an order may be subject to fees. These fees will be based on the rates quoted the client at the time of commission.

10. Governing Law

These Terms of Trading are subject to Irish law.