DS Creative Limited | Version: November 2026
These Terms and Conditions govern the supply of graphic design, artwork, printing, copying, finishing, signage, labels, stickers, promotional merchandise and associated production services by DS Creative Limited.
They apply to orders placed online, by email, by telephone or in person, where these Terms and Conditions have been properly incorporated into the relevant contract.
These terms are separate from the Company’s Website Design, Development & Hosting Terms and Conditions.
1.1 “Company”, “we”, “us” and “our” mean DS Creative Limited.
1.2 “Customer”, “Client”, “you” and “your” mean the individual, business, organisation or other legal entity purchasing goods or services from the Company.
1.3 “Goods” means printed products, signs, displays, labels, stickers, stationery, merchandise and other physical items supplied by the Company.
1.4 “Services” means graphic design, artwork preparation, typesetting, printing, finishing, production, copying, consultancy and associated services supplied by the Company.
1.5 “Artwork” means digital or physical designs, illustrations, photographs, text, layouts, graphics, documents and files intended for reproduction or production.
1.6 “Proof” means a digital or physical representation of proposed artwork, layout or printed output supplied for the Customer’s inspection or approval.
1.7 “Print-Ready Artwork” means Artwork supplied by the Customer in a format intended to proceed directly to production without further design or correction by the Company.
1.8 “Specification” means the agreed description of Goods or Services, including quantities, dimensions, materials, colours, finishes, binding, delivery arrangements and other relevant requirements.
1.9 “Agreement” means the accepted quotation, order, applicable Specification, these Terms and Conditions and any separately agreed written provisions.
1.10 “Business Customer” means a Customer purchasing wholly or mainly for purposes relating to their trade, business, craft or profession.
1.11 “Consumer” means an individual purchasing wholly or mainly for purposes outside their trade, business, craft or profession.
1.12 References to legislation include amendments and replacements applicable at the relevant time.
2.1 These Terms and Conditions apply to the supply of relevant Goods and Services where properly incorporated into the Agreement.
2.2 The Company shall make these terms reasonably available to the Customer before or at the time the Agreement is entered into.
2.3 An order placed by the Customer constitutes an offer to purchase the specified Goods or Services.
2.4 The Company may accept an order by written confirmation, confirmation through its online ordering system, issuing an invoice following acceptance, or commencing the agreed work.
2.5 The Company reserves the right to decline an order before a contract has been formed.
2.6 Where a separately negotiated written agreement conflicts with these Terms and Conditions, the separately negotiated provisions shall prevail to the extent of the inconsistency.
2.7 Changes to an accepted Agreement must be agreed by the parties, including by email or another appropriate written communication.
2.8 The Company may amend these Terms and Conditions for future orders. Changes to existing Agreements shall be subject to applicable contractual and legal requirements.
2.9 Nothing in these terms excludes or restricts statutory rights or liabilities which cannot lawfully be excluded or restricted.
3.1 Unless otherwise stated, quotations remain valid for 30 days from the date of issue.
3.2 Quotations are based upon the information, Artwork, quantities, materials and production requirements supplied by the Customer.
3.3 The Company may withdraw or revise a quotation before acceptance.
3.4 Following acceptance, the agreed price shall apply unless the parties agree a variation or the Agreement expressly provides for a particular adjustment.
3.5 Where the Customer requests additional work or changes to the agreed Specification, the Company may provide a revised quotation.
3.6 Additional charges may apply where supplied Artwork, materials or instructions are incomplete, unsuitable or require correction beyond the agreed scope of work.
3.7 The Company shall notify the Customer of material additional charges and obtain agreement before proceeding, except where an existing contractual charging arrangement expressly applies.
3.8 Delivery, installation, specialist finishing, additional proofs and expedited production may be separately chargeable where not included in the quotation.
3.9 Prices shall include or exclude VAT as stated in the relevant quotation, invoice or checkout process and in accordance with applicable law.
3.10 Website prices, promotions and online quotations may be corrected where a genuine pricing or technical error has occurred before an order is accepted. Where a contract has already been formed, any correction shall be subject to applicable contract law.
4.1 The Customer is responsible for ensuring that the Goods or Services ordered meet their requirements.
4.2 Before placing an order, the Customer should check the Specification, including dimensions, quantities, material, paper weight, colour, finishing, binding, delivery and intended use.
4.3 The Company shall exercise reasonable skill and care in interpreting and carrying out the agreed Specification.
4.4 Where an order is incomplete, ambiguous or technically unsuitable, the Company may request further information or clarification before proceeding.
4.5 The Company may decline to commence production until the Specification, required Artwork and payment arrangements have been confirmed.
4.6 Changes requested after acceptance may affect the price, production method and delivery timetable.
4.7 Any agreed material change to the Specification shall be confirmed in writing where reasonably practicable.
4.8 The Customer shall not assume that specifications or materials supplied for previous orders will automatically be used for subsequent orders unless confirmed.
5.1 The Company provides graphic design, branding, logo design, layout, typesetting, artwork preparation and associated creative services in accordance with the agreed brief.
5.2 Design work shall be undertaken using reasonable skill and care.
5.3 The Customer is responsible for providing a clear brief, relevant information, branding requirements and materials needed for the project.
5.4 The number of initial concepts, design options and revision rounds included shall be as specified in the quotation or agreed design brief.
5.5 Unless expressly agreed, design quotations do not include unlimited concepts, revisions or amendments.
5.6 Additional design work requested outside the agreed scope may be chargeable at the Company’s applicable rate or under a separately agreed quotation.
5.7 The Customer shall provide feedback and approvals within reasonable timescales to avoid delaying the project.
5.8 The Company does not guarantee that any design, logo or branding concept will achieve particular commercial results, public recognition or market performance.
5.9 Unless expressly agreed, graphic design services do not include legal clearance, trade mark searches, intellectual property registration or specialist regulatory approval.
5.10 Where the Customer requires a design to satisfy particular technical, legal or industry requirements, these must be disclosed before work begins.
5.11 The Company may recommend specialist legal or technical advice where appropriate.
6.1 Preliminary work undertaken at the Customer’s request may be chargeable, including design concepts, sketches, research, typesetting, artwork preparation, technical testing, prototypes and samples.
6.2 Where such work is chargeable, the Company shall notify the Customer of the price or charging basis before commencing.
6.3 Unless otherwise agreed, payment for preliminary work does not automatically transfer ownership of unused design concepts, editable files, proprietary materials or intellectual property.
6.4 The Company may decline to release preliminary concepts or working files until amounts properly due under the Agreement have been paid.
6.5 The Customer shall not reproduce, distribute or commercially exploit unapproved or unpaid design concepts supplied by the Company unless authorised.
6.6 Where preliminary work is incorporated into a subsequent project, any credit against the final price shall be subject to agreement.
7.1 Customers supplying their own Artwork are responsible for ensuring that it is suitable for the agreed production process.
7.2 The Customer should prepare Artwork in accordance with the Company’s published Artwork Supply Guide and any product-specific requirements.
7.3 Relevant requirements may include:
7.4 Unless Artwork checking has been expressly included, the Company is not obliged to undertake a comprehensive technical, grammatical or content review of files supplied as Print-Ready Artwork.
7.5 The Company may undertake basic technical checks as part of its normal production workflow, but such checks shall not constitute a guarantee that the supplied Artwork is free from errors.
7.6 Where the Customer supplies Print-Ready Artwork, the Company may proceed directly to production without issuing a separate Proof unless proofing has been agreed.
7.7 The Customer is responsible for errors or defects arising solely from unsuitable or incorrect Artwork supplied by the Customer, provided that the Company has fulfilled its agreed obligations and exercised reasonable skill and care.
7.8 The Company may reject Artwork which is unsuitable for production or requires significant correction.
7.9 Artwork correction, reconstruction, conversion or additional pre-press work may be separately chargeable following notification and agreement.
7.10 The Customer is advised to retain independent copies of all original Artwork and source files.
8.1 Where Proofs are included in the agreed service, they may be supplied digitally or physically for approval before production.
8.2 The Customer is responsible for carefully checking all reasonably apparent details on the Proof.
8.3 These include, where relevant:
8.4 Approval of a Proof authorises the Company to proceed with production in accordance with the approved Proof and agreed Specification.
8.5 Approval may be provided by email, written communication, electronic approval or another agreed method.
8.6 Where the Customer approves a Proof containing an error reasonably apparent on inspection, the Customer shall be responsible for that approved error to the extent it was not caused by the Company’s failure to comply with its own contractual obligations.
8.7 The Company remains responsible for errors arising from its failure to follow the approved Proof, meet the agreed Specification or exercise reasonable skill and care.
8.8 Corrections requested before approval shall be undertaken in accordance with the agreed design and revision allowance.
8.9 Additional corrections or Proofs outside the agreed scope may be separately chargeable.
8.10 Changes requested after approval may require production to stop, materials to be replaced or work to be repeated, and may result in substantial additional charges.
8.11 Where production has commenced, the Company cannot guarantee that amendments can be incorporated.
8.12 Digital Proofs are primarily intended for checking content and layout unless expressly supplied as colour-accurate Proofs.
9.1 The Company shall exercise reasonable skill and care when producing Goods in accordance with the agreed Specification.
9.2 The Customer acknowledges that printing involves mechanical, chemical and digital processes which may result in minor variations within normal production tolerances.
9.3 Reasonable variations may occur in colour, trimming, folding, alignment, paper texture, registration and finishing where inherent in the agreed production process.
9.4 The Company shall use suitable production methods for the Goods ordered and any particular requirements expressly agreed.
9.5 Minor variations consistent with normal industry production standards shall not automatically constitute defects.
9.6 Where exact dimensions, colour matching, finish or positioning are essential, the Customer must disclose these requirements before placing the order so appropriate production arrangements can be agreed.
9.7 The Company shall not knowingly substitute materially different goods, materials or finishes without agreement, except where the Agreement expressly permits an equivalent substitution and applicable law allows it.
9.8 Where production difficulties affect the agreed Specification, the Company shall notify the Customer and seek an appropriate resolution.
10.1 The Company shall use reasonable skill and care to achieve appropriate colour reproduction within the limitations of the agreed printing process.
10.2 Exact colour matching cannot always be guaranteed because of differences in screens, proofing systems, printing technology, paper stocks, inks, coatings and environmental conditions.
10.3 Colours displayed on electronic devices may differ from the final printed result.
10.4 Standard digital Proofs are not colour-accurate unless expressly identified as such.
10.5 Colours printed using CMYK processes may differ from Pantone or other spot-colour references.
10.6 Pantone colours cannot necessarily be reproduced exactly using standard full-colour printing.
10.7 Where accurate brand colour matching is important, the Customer should request an appropriate colour-matching or physical proofing service before production.
10.8 Additional charges may apply for specialist spot colours, colour matching or other processes.
10.9 Repeat orders may exhibit minor colour differences from earlier print runs, even where the same Artwork is used.
10.10 Colour differences beyond reasonable production tolerances or contrary to an expressly agreed colour specification shall be assessed under the Company’s defects and remedies provisions.
11.1 Paper, board, vinyl, plastics, textiles and other materials may vary slightly between batches and manufacturers.
11.2 Material descriptions, weights and thicknesses shall be interpreted according to the agreed product specification and normal manufacturing tolerances.
11.3 Minor variations in shade, texture, stiffness, surface finish and appearance may occur.
11.4 Lamination, folding, creasing, cutting, binding and other finishing processes may produce reasonable variations inherent in the relevant production method.
11.5 The Customer should disclose any essential requirement relating to durability, flexibility, moisture resistance, outdoor use, adhesion or specialist application before ordering.
11.6 Where a particular material becomes unavailable, the Company may propose a suitable alternative, subject to Customer agreement where the change is material.
11.7 The Company shall not substitute a materially inferior product without agreement.
12.1 The Company shall use reasonable endeavours to supply the quantity ordered.
12.2 For business orders produced using commercial printing processes, an agreed production tolerance of up to 5% above or below the ordered quantity may apply.
12.3 Where this tolerance applies and fewer Goods are supplied, the price shall be reduced proportionately.
12.4 Where additional Goods within the agreed tolerance are supplied, the Customer shall not be required to pay an additional charge unless expressly agreed.
12.5 Where the Customer requires an exact quantity, this must be agreed before production.
12.6 The quantity tolerance shall not apply where it conflicts with an express commitment to supply an exact quantity or with applicable consumer rights.
13.1 The Customer is responsible for ensuring that the agreed page count, finished size, binding type and cover specification are correct.
13.2 Where a booklet is produced using a folded and saddle-stitched process, the total number of printed pages will generally need to be a multiple of four.
13.3 Unless otherwise stated, the total page count includes the front cover, inside front cover, inside back cover and back cover.
13.4 Where the Customer requires a separate cover stock, different cover finish or other specialist construction, this must be identified in the order specification.
13.5 The Company may assist with pagination and imposition where this forms part of the agreed service.
13.6 Where the Customer supplies Print-Ready Artwork, the Customer remains responsible for the accuracy of page content, sequencing and numbering unless these checks have expressly been agreed.
13.7 Variations may occur in spine appearance, fold position, trimming and page alignment within reasonable production tolerances.
13.8 The Company shall exercise reasonable skill and care when binding and finishing documents.
13.9 The Company may recommend adjustments to artwork, margins, page counts or binding arrangements where necessary for production.
13.10 Additional work arising from unsuitable Artwork, incorrect pagination or changed specifications may be chargeable.
14.1 The suitability of stickers and labels depends upon the surface, application method, environment, temperature, exposure and intended period of use.
14.2 The Customer must inform the Company before ordering of any specialist requirements, including outdoor use, refrigeration, food packaging, chemical exposure, high temperatures, removal without residue or long-term adhesion.
14.3 Unless expressly agreed, the Company does not guarantee suitability for every surface or application.
14.4 Where the Customer requests a particular application or performance standard, the Company shall exercise reasonable skill and care in advising on and supplying the agreed product.
14.5 Where practicable, the Customer is advised to test samples before placing substantial or specialist orders.
14.6 The Company shall not be responsible for failures caused solely by unsuitable application, contaminated surfaces, improper storage or conditions outside the agreed product specification.
14.7 Adhesive performance, colour and durability may deteriorate over time depending upon environmental conditions and the materials involved.
14.8 Any specific durability or performance guarantee must be expressly agreed in writing.
15.1 Signs, banners, exhibition displays, pavement signs and related products shall be supplied in accordance with the agreed Specification.
15.2 The Customer is responsible for providing accurate dimensions and identifying the intended location and use of the product, unless the Company has expressly agreed to undertake measurement or site assessment.
15.3 The Customer shall notify the Company of relevant environmental conditions, including wind exposure, weather, surface condition and intended installation method.
15.4 Unless expressly included, the supply of signage does not include installation, structural assessment, planning permission, landlord consent or regulatory approval.
15.5 The Customer is responsible for obtaining any permissions required for displaying or installing signage, unless the Company has agreed to arrange them.
15.6 Where installation is included, the Company shall exercise reasonable skill and care in performing the agreed installation services.
15.7 The Company shall not be responsible for failures arising solely from unauthorised installation, unsuitable fixing methods, misuse or conditions outside the agreed Specification.
15.8 The Customer is responsible for following any maintenance, cleaning, storage or usage instructions supplied with the product.
15.9 Outdoor signage and banners are subject to weathering, and no particular lifespan is guaranteed unless expressly agreed.
15.10 Where safety-critical or structural requirements apply, these must be identified before ordering and addressed through appropriate specifications and professional assessment.
16.1 Promotional merchandise, branded clothing, drinkware, bags and other customised products shall be produced in accordance with the agreed Specification.
16.2 The Customer acknowledges that garments and other manufactured products may be subject to normal manufacturer tolerances in dimensions, colour, material and construction.
16.3 Decoration methods, including printing, embroidery and transfer application, may be subject to technical limitations.
16.4 The Company shall exercise reasonable skill and care in selecting the agreed decoration method and producing the ordered Goods.
16.5 Minor variations in decoration position, print appearance and other features may occur within reasonable production tolerances.
16.6 The Customer must identify any particular requirements relating to washing, temperature, durability, food contact or other specialist uses before ordering.
16.7 The Customer shall follow applicable care and usage instructions.
16.8 The Company shall not be responsible for defects caused solely by misuse or failure to follow reasonable care instructions, provided the Goods otherwise conform to the Agreement.
17.1 Where printed Goods are intended for specialist uses, the Customer must identify the intended application and relevant requirements before placing the order.
17.2 Such uses may include food packaging, product labels, safety signage, regulated products, clothing labels, medical environments and industrial applications.
17.3 Unless expressly agreed, the Company does not provide specialist regulatory certification, legal approval or independent testing.
17.4 Where a particular application has been disclosed and the Company has agreed to provide suitable Goods, the Company shall fulfil the relevant contractual and statutory obligations.
17.5 The Customer shall not assume that general-purpose printed products meet specialist regulatory requirements without appropriate confirmation.
17.6 Where necessary, the Company may recommend testing, certification or advice from a suitably qualified specialist.
18.1 The Customer may supply paper, garments, packaging, files or other materials for use in production where agreed.
18.2 The Company may reject materials which are unsuitable or incompatible with its production processes.
18.3 The Customer should provide sufficient quantities to account for normal production spoilage where appropriate.
18.4 The Company shall exercise reasonable care in handling Customer property.
18.5 The Company shall not be responsible for defects caused solely by the inherent condition or unsuitability of Customer-supplied materials, provided it has exercised reasonable skill and care.
18.6 Additional charges may apply where unsuitable materials cause interruptions or require special handling, subject to agreement.
18.7 The Customer is advised to retain copies or replacements of irreplaceable or valuable materials wherever practicable.
18.8 Particularly valuable or irreplaceable items must be identified to the Company before work begins so suitable handling arrangements can be considered.
19.1 Goods may be collected from the Company’s premises or delivered using the agreed method.
19.2 Delivery charges shall be as specified in the order or quotation.
19.3 Estimated production and delivery dates are not guaranteed unless expressly agreed as binding deadlines.
19.4 The Company shall use reasonable endeavours to meet agreed timescales and shall inform the Customer of significant delays where practicable.
19.5 Where the Customer requires Goods for a particular event or deadline, the importance of that deadline must be communicated before the order is accepted.
19.6 The Company shall not be responsible for delays to the extent caused by events outside its reasonable control, provided it has fulfilled its contractual and legal obligations.
19.7 In business-to-business contracts, risk in the Goods shall pass at the delivery or collection point specified in the Agreement, subject to applicable law.
19.8 For Consumer orders, risk shall pass in accordance with applicable consumer legislation.
19.9 The Customer shall provide accurate delivery information and reasonable access for delivery.
19.10 Where delivery fails because the Customer supplied incorrect details or was unavailable to receive the Goods, reasonable additional delivery charges may apply.
19.11 Goods made available for collection should be collected within a reasonable period following notification.
19.12 The Customer shall inspect delivered or collected Goods promptly and report apparent problems as soon as reasonably practicable.
20.1 Same-day, next-day, priority and other expedited services are subject to the Company’s acceptance and available production capacity.
20.2 Additional charges may apply to expedited Services and shall be disclosed before acceptance.
20.3 Expedited production may require the Customer to provide Print-Ready Artwork and complete payment promptly.
20.4 Delays in providing Artwork, payment or approval may affect the agreed production timetable.
20.5 Where the Company expressly accepts a binding deadline, it shall fulfil its contractual obligations concerning that deadline.
20.6 Where expedited Goods cannot be supplied as agreed, the parties’ rights and remedies shall be determined by the Agreement and applicable law.
21.1 The Customer should notify the Company as soon as possible if it wishes to cancel or amend an order.
21.2 Where production has not commenced, the Company shall assess whether cancellation can be accommodated and whether any reasonable costs have already been incurred.
21.3 Once design, artwork preparation, printing, finishing or other production has commenced, cancellation may result in charges for work completed, materials committed and other losses properly recoverable under the Agreement and applicable law.
21.4 Where Goods have been manufactured or personalised specifically for the Customer, cancellation may not be possible without substantial charges.
21.5 Any cancellation charge shall reflect the Company’s lawful entitlement and shall not constitute an unlawful penalty.
21.6 Where changes are requested after production commences, the Company may charge for additional labour, materials, replacement production and related costs reasonably incurred.
21.7 The Company shall inform the Customer of material additional charges where reasonably practicable before proceeding.
21.8 Consumer cancellation rights, including any statutory exceptions for personalised or bespoke Goods, shall be governed by applicable legislation.
21.9 Nothing in this section removes a right to cancel or obtain a remedy where the Company is in breach of contract or where applicable law requires it.
22.1 Where the Customer acts as a Consumer, the provisions of the Consumer Rights Act 2015 and other applicable consumer protection legislation shall apply.
22.2 Goods must meet the standards required by applicable law, including requirements concerning description, quality and fitness for purpose.
22.3 Services shall be performed with reasonable care and skill.
22.4 Where applicable distance-selling cancellation rights arise, the Company shall provide the information required by law.
22.5 The statutory right to cancel certain distance contracts may not apply to Goods made to the Consumer’s specifications or clearly personalised, subject to the precise statutory requirements.
22.6 The personalised Goods exception does not remove statutory rights concerning faulty, misdescribed or otherwise non-conforming Goods.
22.7 Where design or other Services are commenced during an applicable cancellation period, the Company shall comply with the requirements governing early commencement, consent and any lawful charges.
22.8 Nothing in these Terms and Conditions restricts rights or remedies which a Consumer cannot lawfully be required to waive.
23.1 Unless otherwise agreed, orders shall be paid for before delivery or collection, or at the time of collection where permitted by the Company.
23.2 The Company may require full or partial payment before commencing production.
23.3 Where the Customer has an approved credit account, invoices shall be paid within the agreed credit period, normally between 7 and 30 days.
23.4 The Company may undertake appropriate credit checks before granting credit facilities.
23.5 Credit accounts and limits may be reviewed for future orders.
23.6 Where payment remains overdue, the Company may require payment in advance for future orders or decline additional orders.
23.7 The Company may suspend further production or delivery where payment remains overdue, subject to its contractual obligations and applicable law.
23.8 For business debts, the Company reserves the right to charge statutory interest and applicable recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998, as amended.
23.9 The Company shall not apply multiple overlapping interest charges to the same overdue amount.
23.10 Any payment card transactions shall be processed in accordance with applicable payment security requirements and the Customer’s valid authorisation.
23.11 The Company shall not charge a payment card for an unauthorised amount or purpose.
24.1 In business-to-business transactions, ownership of Goods supplied by the Company shall remain with the Company until the purchase price for those Goods has been paid in full, to the extent permitted by law.
24.2 Until ownership passes, the Business Customer shall take reasonable care of the Goods.
24.3 Where Goods remain identifiable and unpaid, the Company reserves the right to exercise lawful recovery remedies.
24.4 The Company shall not enter premises or seize Goods without lawful authority or permission.
24.5 Where Goods have been incorporated into other products or resold, any additional retention-of-title rights shall depend upon applicable law and the relevant agreement.
24.6 Nothing in this section overrides applicable consumer protection legislation.
25.1 The Company shall notify the Customer when Goods are ready for collection using the contact information supplied.
25.2 Goods should normally be collected within seven days of the collection notification unless other arrangements have been agreed.
25.3 Where Goods remain uncollected for two months, the Company may apply a reasonable storage charge of £10 per week after providing appropriate advance written notice, subject to applicable law.
25.4 The Company may request that the Customer collect the Goods within a further specified reasonable period.
25.5 Where Goods remain uncollected for six months, the Company may take steps towards lawful disposal or sale after providing the notices and opportunities required by applicable law.
25.6 Any sale or disposal of uncollected Goods shall comply with relevant statutory requirements, including applicable duties concerning notice, reasonable sale arrangements and accounting for proceeds.
25.7 Goods shall not be automatically destroyed merely because the stated period has elapsed where applicable law requires further steps.
25.8 The Company shall exercise reasonable care while Goods remain in its possession.
26.1 The Customer should inspect Goods promptly upon receipt or collection.
26.2 Apparent damage, shortages or production defects should be reported as soon as reasonably practicable, preferably within seven days.
26.3 Where Goods are damaged in transit, the Customer should notify the Company promptly and provide photographs of the Goods and packaging where available.
26.4 Claims relating to non-delivery should be reported promptly once the expected delivery date has passed.
26.5 The preferred notification periods are intended to assist investigation and do not automatically remove statutory rights or valid claims which cannot lawfully be restricted.
26.6 The Company may request reasonable evidence of an alleged defect.
26.7 The Company shall investigate complaints reasonably and determine an appropriate remedy in accordance with the Agreement and applicable law.
26.8 Where Goods are defective or fail to conform to the agreed Specification, remedies may include repair, replacement, reprinting, price reduction or refund, depending upon the circumstances and legal requirements.
26.9 The Company may request the return of affected Goods where reasonably necessary and lawful.
26.10 The Company shall not be responsible for damage caused solely by misuse, improper storage, unauthorised alterations, vandalism or conditions outside the agreed Specification.
27.1 Where a production defect attributable to the Company is established, the Company may offer a suitable reprint or replacement, subject to the Customer’s applicable legal rights.
27.2 Where practicable, replacement Goods shall be supplied to the original agreed Specification.
27.3 The Company shall use reasonable endeavours to complete an agreed reprint or replacement within a reasonable period.
27.4 The Company may request photographic evidence or examples of defective Goods before commencing a reprint.
27.5 Where the defect arises solely from incorrect Customer-supplied or approved Artwork, the Company may provide a quotation for reprinting.
27.6 The Company is not obliged to provide a free reprint for errors for which it has no contractual or legal responsibility.
27.7 Nothing in this section excludes remedies to which the Customer is legally entitled.
28.1 Copyright and other intellectual property rights in original artwork, designs, concepts, illustrations, layouts and other creative work produced by the Company remain with the Company unless expressly assigned in writing.
28.2 The Customer retains ownership of Artwork, Content, branding and other intellectual property supplied by the Customer.
28.3 Unless otherwise agreed, payment in full for a completed design project grants the Customer a non-exclusive licence to use the approved final deliverables for the purposes specified in the Agreement.
28.4 Any exclusive licence or assignment of copyright must be expressly agreed in writing.
28.5 The Company retains ownership of its pre-existing templates, production methods, reusable artwork elements, proprietary tools and know-how.
28.6 Editable source files, design software files, layered artwork and other working materials are not automatically included in the purchase price unless expressly agreed.
28.7 Where the Customer requests editable or original files, the Company may provide a separate quotation or licensing arrangement.
28.8 Third-party fonts, images, illustrations and other licensed materials remain subject to their respective licence terms.
28.9 The Customer grants the Company permission to reproduce supplied materials as reasonably necessary to fulfil the agreed order.
28.10 The Company shall not knowingly use Customer-owned confidential materials for unrelated purposes without appropriate permission.
29.1 The Company reserves the right to decline work involving material which it reasonably believes is unlawful, defamatory, fraudulent or infringes third-party rights.
29.2 The Customer is responsible for ensuring that materials supplied for reproduction may lawfully be used.
29.3 The Company may request evidence of relevant permissions or licences where reasonably necessary.
29.4 The Company may suspend production where a material legal concern arises and shall notify the Customer where appropriate.
29.5 In business-to-business contracts, the Customer shall indemnify the Company against reasonable losses and third-party claims arising from unlawful or infringing material supplied or authorised by the Customer, except to the extent caused by the Company’s own breach, negligence or unlawful acts.
30.1 Each party shall take reasonable steps to protect confidential information received from the other.
30.2 Confidential information shall not be disclosed to unauthorised persons except where reasonably necessary to fulfil the Agreement or comply with legal obligations.
30.3 Information may be disclosed to employees, contractors, professional advisers and authorised production suppliers where necessary and subject to appropriate confidentiality requirements.
30.4 Confidentiality obligations shall not apply to information lawfully available publicly, independently developed or lawfully obtained without restrictions from another source.
30.5 Where additional confidentiality protection is required, the parties may enter into a separate Non-Disclosure Agreement.
30.6 No restriction on the Company’s ability to supply graphic design or printing services to other customers shall apply unless expressly agreed in a separate written contract.
30.7 Each party shall comply with applicable data protection legislation when handling personal information.
31.1 The Company may use suitably qualified third-party suppliers, printers, finishers, couriers and subcontractors to fulfil orders.
31.2 The Company remains responsible for fulfilling its contractual and legal obligations to the Customer.
31.3 The Company may select an appropriate production method or supplier consistent with the agreed Specification.
31.4 Where a proposed change would materially affect the agreed product or service, the Company shall seek Customer agreement before proceeding.
31.5 The Company shall exercise reasonable skill and care in the performance and management of its agreed responsibilities.
32.1 The Company shall exercise reasonable skill and care in providing its Goods and Services.
32.2 Nothing in these Terms and Conditions excludes or restricts liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability which cannot lawfully be excluded or restricted.
32.3 Where Goods or Services are defective or fail to meet the agreed Specification, the Company shall be given a reasonable opportunity to investigate and remedy the matter, without prejudice to the Customer’s applicable legal rights.
32.4 In contracts with Business Customers, the Company’s aggregate liability arising from any one order or project, whether in contract, negligence or otherwise, shall, subject to clause 32.2, applicable law and the enforceability of the limitation, be limited to the greater of:
32.5 The proposed limitation is intended to reflect a reasonable allocation of risk having regard to the nature, value and price of the Goods or Services.
32.6 Business Customers requiring higher contractual limits may request a separately negotiated agreement before placing their order.
32.7 Subject to applicable law and any applicable reasonableness requirement, the Company shall not be liable to Business Customers for indirect or consequential losses or for loss of anticipated profits, business opportunities or goodwill, except where such losses cannot lawfully be excluded or the parties have expressly agreed otherwise.
32.8 The Company shall not be responsible for losses to the extent caused by the Customer’s own acts or omissions, incorrect instructions, unsuitable supplied materials, unauthorised alterations or circumstances for which the Company has no contractual or legal responsibility.
32.9 Each party shall take reasonable steps to mitigate losses arising from an actionable breach or other event.
32.10 The limitations in this section are subject to applicable law, including the Unfair Contract Terms Act 1977 and Consumer Rights Act 2015 where relevant.
32.11 Nothing in this section removes the statutory rights of Consumers.
33.1 Neither party shall be responsible for delay or failure to perform contractual obligations to the extent caused by events beyond its reasonable control.
33.2 Such events may include fire, flood, severe weather, war, major infrastructure failures, industrial disputes, government restrictions, transport disruption or serious supply chain interruption.
33.3 The affected party shall take reasonable steps to minimise disruption and notify the other party where reasonably practicable.
33.4 Where disruption continues for a substantial period, either party may exercise termination rights available under the Agreement or applicable law.
33.5 Nothing in this section removes payment obligations already properly due or liabilities which cannot lawfully be excluded.
34.1 Either party may terminate the Agreement in accordance with its applicable cancellation and termination provisions.
34.2 Either party may terminate where the other commits a material breach and fails to remedy it within a reasonable period after written notice, where the breach is capable of remedy.
34.3 Immediate termination may be justified where serious unlawful activity, fraud or another material breach incapable of remedy occurs.
34.4 Termination shall not affect rights or obligations accrued before the termination date.
34.5 Charges properly incurred before termination shall remain payable, subject to applicable law and the terms of the Agreement.
35.1 The Company may contact the Customer concerning quotations, orders, proofs, production, delivery, payments and contractual matters using the contact information supplied.
35.2 The Customer is responsible for keeping relevant contact details accurate.
35.3 Approvals and instructions may be communicated by email or another agreed written method.
35.4 Marketing communications shall be made in accordance with applicable data protection and electronic marketing legislation.
35.5 Contractual notices shall be treated as received in accordance with the Agreement and applicable law.
36.1 If any provision of these Terms and Conditions is found invalid, unlawful or unenforceable, the remaining provisions shall continue in effect to the extent permitted by law.
36.2 The Agreement constitutes the contractual arrangements between the parties relating to the relevant Goods and Services, subject to any separately agreed written terms and rights which cannot lawfully be excluded.
36.3 Changes to existing Agreements shall be subject to applicable contractual and legal requirements.
36.4 Failure by either party to enforce a provision on one occasion shall not automatically waive the right to enforce it subsequently.
37.1 These Terms and Conditions shall be governed by the laws of England and Wales.
37.2 Subject to mandatory jurisdictional requirements and consumer protection legislation, disputes arising from business-to-business contracts shall be subject to the jurisdiction of the courts of England and Wales.
37.3 The parties shall endeavour to resolve disputes through reasonable communication before commencing formal proceedings where practicable.
38.1 DS Creative Limited, Unit 23, President Buildings Office Park, Savile Street East, Sheffield, S4 7UQ.
38.2 Telephone: 0114 266 9000.
38.3 Email: info@dscreative.co.uk.
38.4 Website: https://dscreative.co.uk/.
