Terms & Conditions

Our business address is:
Superfantastic
Bermondsey Studios
3 Morocco Street
London SE1 3HB

Our registered office address is:
We Are Superfantastic Ltd
49 St Julian’s Farm Road
London SE27 0RJ

Company Number: 7115868

VAT Number: 983415792

Superfantastic holds the following insurances, Hiscox Professional Indemnity Insurance (£5m), General Liability Insurance for Public and/or Product (£1m) and Employers Liability Insurance (£10m).

The following Terms and Conditions of Service apply to all products and services provided by We Are Superfantastic Ltd, hereafter referred to as Superfantastic.

All work is carried out by Superfantastic on the understanding that the customer has agreed to Superfantastic’s Terms and Conditions.

Project Acceptance

At the time of proposal, Superfantastic will provide the customer with a written estimate or quotation.

A copy of the written estimate or quotation is to be signed and dated by the customer or approved in writing to indicate acceptance and should be returned to Superfantastic. Alternatively, the client may send an official purchase order in reply to the estimate or quotation that binds the client to accept Superfantastic’s Terms and Conditions. No work on a project will commence until either document has been received by Superfantastic.

Design Charges

Charges for design services to be provided by Superfantastic, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance or email approval of this estimate or quotation or by the receipt of a purchase order this indicates acceptance of the Terms & Conditions.

Charges for Other Services

Charges for any additional services over and above the estimated design, will become fully payable as agreed between Superfantastic and customer.

Payment

Payment terms will be agreed at the outset of a project between Superfantastic and the customer, The customer will be provided with an invoice on completions of work at each agreed installment or on final completion of work. Superfantastic’s standard payment terms are 30 days from date of invoice. Invoices may be sent electronically or by post. Accounts which remain outstanding for 30 days after the date of invoice, Superfantastic reserves the right to charge an additional 8.5% of the outstanding amount.

Superfantastic also reserves the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.

Payments may be made by cash, cheque, or by BACS or previously agreed electronic funds transfer.

The fee is exclusive of Value Added Tax and the customer shall pay any Value Added Tax chargeable in addition to the fee. Superfantastic may assign to a third party the right to render invoices and receive payment.

Publication and/or release of work done by Superfantastic on behalf of the customer, may not be released if installment payments have not been met. Superfantastic reserves the right to enforce that any work that has been ordered as per the Project Acceptance clause but is deemed work in progress shall become fully payable (100% of the order amount plus any interest) if the customer is in default for any other order or if 30 days has passed since the order date. Superfantastic will not release the work in progress until payment has been made in full.

Returned cheques will incur an additional fee of £100 per returned cheque. Superfantastic reserves the right to consider an account to be in default in the event of a returned cheque.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Superfantastic shall be considered entitled to remove Superfantastic’s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, design, development, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and their agents, photo libraries and illustrators and their agents.

Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Superfantastic reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights & Trademarks

The copyright of all design work and other documents or materials in the format supplied by Superfantastic to the customer, automatically belongs to the customer but may only be used for the purpose for which it was originally supplied and only when full payment has been received by Superfantastic.

Drawings, illustrations, photographs sourced through suppliers remain property of the supplier unless specifically released in writing to the customer.

If a choice of design is presented, only one solution is deemed to be given by Superfantastic as fulfilling the contract. All other designs remain the property of Superfantastic, unless agreed in writing that this arrangement has been changed.

The customer may request in writing from Superfantastic, the necessary permission to use materials in forms other than for which it was originally supplied, and Superfantastic may, at its discretion, grant this either for free or for a release fee. Such permission must be obtained in writing before it will allow any artwork or materials to be used.

By supplying text, images and other data to Superfantastic for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

By supplying images, text, or any other data to Superfantastic, the customer grants Superfantastic permission to use this material freely in the pursuit of the design.

Should Superfantastic, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Superfantastic to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold Superfantastic free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permission.

Alterations

The customer agrees that changes required over and above the estimated work, or required to be carried out after acceptance of the draft design will be liable to a separate charge. Superfantastic will keep the customer informed if additional charges are likely to occur.

The customer also agrees that Superfantastic holds no responsibility for any amendments made by any third party, before or after a design is published.

Any design, copywriting, drawing, idea or code created for the customer by Superfantastic, or any of its contractors, is licensed for use by the customer on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Superfantastic and any of its relevant sub-contractors.

All design work where there is a risk that another party make a claim, should be registered by the customer with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Superfantastic will not be held responsible for any and all damages resulting from such claims. Superfantastic is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Superfantastic responsible for any such loss or damage. Any claim against Superfantastic shall be limited to the relevant fee(s) paid by the customer.

Proofing

It is the responsibility of the customer to sign-off all proofs prior to print or publication. Superfantastic will not be held responsible for any inaccuracies or alterations that are required after artwork has been printed or published on the internet. It is the customer’s responsibility to make Superfantastic aware of any inaccuracies and instruct Superfantastic to quote for rectifying any mistakes. The customer will incur all costs relating to re-prints or republication of any materials.

Data Formats

The customer agrees to Superfantastic’s definition of acceptable means of supplying data to the company.

Text is to be supplied to Superfantastic in relevant electronic formats as standard text (.txt), MS Word (.doc) on CD-ROM, memory stick or via e-mail.

Images that are supplied in an electronic format are to be provided in a format as prescribed by Superfantastic via CD-ROM, memory stick, FTP or e-mail. Images must be of a quality suitable for use without any subsequent image processing and Superfantastic will not be held responsible for any image quality that the customer later deems to be unacceptable. Superfantastic cannot be held responsible for the quality of any images that the customer wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.

Design Project Duration

Any indication given by Superfantastic of a design project’s duration is to be considered by the customer to be an estimation. Superfantastic cannot be held responsible for any project over-runs, whatever the cause. However Superfantastic will always endeavour to deliver projects on time and will undertaken any necessary action to adhere to this.

Rights of Access for Website Construction

The customer agrees to allow Superfantastic all necessary access to computer systems and other locations, as required, in order to complete a website project, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Superfantastic access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The customer agrees to supply Superfantastic with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion

Superfantastic considers the design project complete upon approval from the customer. Other services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the customer’s behalf constitute a separate project and can be treated as a separate charge.

Website Design Only

Once web design is complete, Superfantastic will provide the customer with the opportunity to review the resulting work. Superfantastic will make any set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Superfantastic in writing. Ongoing changes may be agreed on a fee retainer basis.

Superfantastic will consider that the customer has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

Hosting Websites

Superfantastic offers hosting services, through Media Temple. Superfantastic is not able to guarantee continuous service and will accept no liability for loss of service from Media Temple, whatever the cause. Superfantastic may request that customers change the type of hosting account used if that account is deemed by Superfantastic to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.

Domain Registration

Superfantastic cannot guarantee the availability of any domain name. Where Superfantastic is to register a domain name on behalf of a customer it will endeavour to do so but the customer should not assume a successful registration.

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site’s ranking, Superfantastic cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.

Design Credits

Superfantastic may ask permission to place a small credit on printed material, exhibition displays, advertisements and/or a link to Superfantastic’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. This is at the customer’s discretion.

The customer also agrees to allow Superfantastic to place websites and other designs, along with a link to the customer’s site on Superfantastic’s own website for demonstration purposes and to use any designs in its own publicity.

Rights of Refusal

Superfantastic will not include in its designs, any text, images or other data that it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Superfantastic also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Superfantastic does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Superfantastic to remove the contravention without hindrance, or penalty. Superfantastic is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders should be made by telephone contact or e-mail. However, following this, Superfantastic will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed. The balance of monies due must be paid within 30 days. Any cancellation which is not formally confirmed in writing and received by Superfantastic within 14 days of such instruction being issued, will be liable for the full quoted cost of the project. Cancellations will only be accepted up to 30 days after the order date. Any cancellations made after this time will be liable for the full order amount.

Disclaimer

Superfantastic makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Superfantastic will not be held responsible for any and all damages resulting from products and/or services it supplies. Superfantastic is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Superfantastic responsible for any such loss or damage. Any claim against Superfantastic shall be limited to the relevant fee(s) paid by the customer.

Superfantastic reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Superfantastic will not knowingly perform any actions to contravene these and the customer also agrees to be so bound.

Superfantastic and its customers agree to comply with any appointed printer’s Terms and Conditions that include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Superfantastic recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Superfantastic reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance and Variation of Quotation and Terms and Conditions

The placement of an order for design and/or any other services offered by Superfantastic and validated by the customer’s signature on the estimate or quotation form, email approval or via an official purchase order constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the customer and Superfantastic.

In the event of a conflict between these Terms and Conditions and any other Terms and Conditions, these Terms and Conditions shall prevail unless expressly agreed in writing by a director of Superfantastic.

If any provision in these Terms and Conditions is held to be invalid or unenforceable by any judicial or other competent authority, Superfantastic and the customer agree that: a) all other provisions of these Terms and Conditions will remain in full force and effect and will not in any way be impaired; and b) that provision, if it would be valid or enforceable if some part of the provision were deleted, will apply with the minimum modifications necessary to make it invalid and enforceable.

Governing Law and Jurisdiction

These Terms and Conditions are governed by and shall be construed in accordance with English law and all disputes in relation to these Terms and Conditions shall fall within the exclusive jurisdiction of the English courts.