For owner read ‘Turtle Media Pvt. Ltd. (TMPL)’, for customer read 'client'.
Estimates are based on the TMPL current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
All quotes and estimates will be fully inclusive of ANY tax due
All work carried out, whether experimentally or otherwise, at client's request shall be charged extra.
A charge may be made to cover any additional work involved where copy supplied is not clear and legible or supplied as paper original requiring keyboard input.
Proofs of all work may be submitted for client's approval and the TMPL shall incur no liability for any errors not corrected by the proofs. Any changes necessitated thereby shall be charged extra. When style, type or layout is left to the TMPL judgment, changes there for made by the client shall be charged extra. It is the client's prerogative to ensure all work carried out is approved for correct content inc. grammar, spelling, and technical content. Color match proofs are available at all stages of pre-press at the request of the client.
Delivery of work shall be accepted when tendered and there upon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.
Unless otherwise specified the price quoted is for delivery of the work to the client's address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address.
Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.
Should work be suspended at the request of or delayed through any default of the client for a period of 30 days the TMPL shall be then entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
If payment is not made within the specified terms of the invoice the TMPL will exercise his right to claim a daily(or part there of) charge to cover the overdraft usage fee and all other costs incurred at present set at 2% per month (as of dec. 11), until either payment is completed and/or invoiced for the said charge. The TMPL may also claim any costs incurred in recovering monies owing.
The TMPL shall not be liable for any loss to the client arising from delay in transit not caused by the TMPL. It is the clients responsibility to ensure the contents is in keeping with respective country’s laws, copyright, criminal law, patents, trademarks and any other authority legislation affected by the content of the designs. TMPL reserves the right to terminate at any time a contract to design, print, publish any material felt to be in contradiction of any of these laws (see section 13)
Where materials are so supplied or specified, TMPL will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
Insolvency. If the client ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, the TMPL without prejudice to other remedies shall
have the right not to proceed further with the contract or any other work for the client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the client, such charge to be an immediate debt due to him, and
in respect of all unpaid debts due from the client have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts
TMPL shall not be required to publish any matter which is or may be of an illegal or libelous nature or an infringement of the proprietary or other rights of any third party
The TMPL shall be indemnified by the client in respect of any claims, costs and expenses arising out of any libelous matter or any infringement of copyright, patent, and design or of any other proprietary or personal rights contained in any material published for the client. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim. It is the responsibility of the client supplying images, text and any other elements forming the final design to ensure they are copyright approved and/or permissions have been granted for their usage if not owned/copy written by the client
Force majeure. TMPL shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may by written notice to TMPL elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available
Law. These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of India.