Trading Terms and Conditions at Bailedesign.com

1. Customers Instructions

1.1. Once accepted by the customer (either verbal or written/by e-mail), Bailedesign.com's written quotation shall be deemed to interpret correctly the customer's instructions. Where verbal instructions only are received, Bailedesign.com shall not be responsible for errors or omissions due to misinterpretation of those instructions.

1.2. All guidelines and suggestions should be given by a customer to Bailedesign.com before placing an order. Order should be placed after Bailedesign.com's confirmation of the final price, which may include additional customer's guidelines and suggestions and be different from the prices listed in the standard Bailedesign.com offer.

1.3. Any customer additions or alterations to work (website, poster, leaflet or any other item from Bailedesign.com's offer ordered by a customer) after 24 hours since the order was placed will be charged for as author's corrections.

2. Expedited Delivery

2.1. Should delivery of work be required urgently reasonable efforts will be made by Bailedesign.com to secure freedom from defects. However, Bailedesign.com shall not be held responsible for defects caused as a result of the requirement for such urgent delivery.

2.2. Should urgent delivery necessitate overtime work or other additional costs being occurred, an additional charge will be made to cover these additional costs.

3. Outside Work

3.1. If Bailedesign.com has to obtain additional solutions (including software, scripts, graphics etc.) and/or services not normally stocked or supplied by Bailedesign.com from a third party in order to carry out the customer's instructions:

a) Bailedesign.com acquires these solutions and/or services as agent for the customer and not as principal and will have no liability to the customer in relation to the supply of those solutions and/or services. Any claim by the customer in relation to the supply of those solutions and/or services must be made directly against the third party.

b) The customer must pay for such solutions and/or services.

c) Any such solutions obtained from a third party, must be obtained on the basis that property in those solutions is passed by the third party to Bailedesign.com at the time the goods are incorporated into the work done by Bailedesign.com for the customer.

4. Suspension of Work

4.1. The suspension by the customer of any work, for any reason whatsoever, for a period of thirty (30) days, shall entitle Bailedesign.com to payment in full for the portion of work completed.

5. Cancelled Orders

5.1. Orders cannot be cancelled except upon terms, which compensate Bailedesign.com for all work done, materials used or specially acquired to complete the order, to the date of the cancellation.

6. Payment

6.1. Full payment shall be made by a customer in advance in case of order placed via Internet. When order is placed personally by a customer (in writing, with his signature) - he shall pay in advance a part of the final price on condition that this price will be higher than €2150 (exclusive of VAT). The advance payment is discussed with each customer individually. The final price shall include the quoted value of the work plus any additional charges that have occurred to enable the work to be completed to meet the customer's requirements.

6.2. Bailedesign.com will give the customer full information required to make payment, including bank account number and other necessary instructions.

6.3. Once the work is completed Bailedesign.com shall invoice the customer.

6.4. GST (Goods and Services Tax) shall be charged on the total invoice amount in line with current GST legislation.

6.5. All Invoices shall be paid COD unless prior arrangements are agreed with Bailedesign.com. Any credit arrangements will require an Account Application form to be completed and approved by Bailedesign.com.

6.6. Bailedesign.com may at its option charge interest at the rate of the Bank of Ireland plus 3% on amounts not paid within any agreed credit arrangements, calculated on a daily basis from the date any such amount should have been paid and until the date of payment.

7. Warranties and Undertakings

7.1. The warranties and undertakings which apply to the services supplied by Bailedesign.com to the customer, are those applied by law. All other warranties and undertakings are expressly excluded.

8. Risk

8.1. The services are at the risk of Bailedesign.com until shipped to the customer. Bailedesign.com shall have no liability for any loss or damage to the goods when in transit.

9. Liability

9.1. To the fullest extent permitted by law, except as provided herein, Bailedesign.com shall not be liable to the customer in contract or tort for any loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods and/or services, or rising out of Bailedesign.com's negligence, or in any way whatsoever.

9.2. Bailedesign.com will not be liable to the customer for loss, howsoever caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to Bailedesign.com.

9.3. Force Majeure. Bailedesign.com will have no liability to the customer for any loss, damage or expense suffered or incurred by the customer because of Bailedesign.com's failure to observe these terms and conditions, where such failure is occasioned by any cause beyond Bailedesign.com's reasonable control, including and without limiting the generality to the foregoing by war, insurrection, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.

9.4. Delivery. The delivery terms made known to the customer are estimates only, and Bailedesign.com shall not be liable for any late delivery or non-delivery, and under no circumstances shall Bailedesign.com be liable for any loss, damage or delay occasioned to the customer because of late or non-delivery of the goods.

10. Claims

10.1. Any claims against Bailedesign.com shall be made in writing within fourteen (14) days of receipt of the services by the customer. No claims shall be made by the customer beyond this period.

11. Non Payment

11.1. Until the customer has paid all sums outstanding in relation to the services, title of the services shall not pass from Bailedesign.com to the customer.

11.2. If the customer has not paid all sums outstanding in relation to the services, if directed by Bailedesign.com to do so, the customer must forthwith return the goods to Bailedesign.com.

12. Copyright

12.1. Copyright in all artistic and literary works authored by Bailedesign.com shall remain the property of Bailedesign.com unless there is specific agreement to the contrary at the time of Bailedesign.com's acceptance of your order.

12.2. The customer has warranted to Bailedesign.com, and Bailedesign.com has accepted the customer's warranty that the customer has copyright in or a licence to authorise Bailedesign.com to reproduce all artistic and literary works supplied by the customer to Bailedesign.com for the purpose of the Order and the Customer hereby expressly authorises Bailedesign.com to reproduce all and any of such works for the purposes foresaid.

12.3. The Customer indemnifies and agrees to keep indemnified Bailedesign.com against all liability, losses or expenses incurred by Bailedesign.com in any way directly or indirectly connected with any breach of copyright on materials supplied by the customer.

12.4. The customer is hereby granted a non-exclusive license to use the copyright works created by Bailedesign.com for the purposes of the Order, however such licence is conditional upon Bailedesign.com having received all monies due to Bailedesign.com under these Terms and Conditions.

13. Confidentiality

13.1. The customer must keep confidential and not use any ideas, systems or processes communicated or made available by Bailedesign.com to the customer without Bailedesign.com's written permission.

14. Electronic Media

14.1. All Disks, tapes, compact disks or other media (other than the media supplied by the customer) used by Bailedesign.com to store data for the purposes of completing the Order are the property of Bailedesign.com. The customer cannot require Bailedesign.com to supply to the customer any data so stored. In the event that Bailedesign.com does supply data so stored or created, Bailedesign.com may charge the customer for supplying such data.

14.2. Bailedesign.com will not be held responsible for storing any data on disks, tapes, compact disks or other media when the Order has been completed. If Bailedesign.com agrees to store such data Bailedesign.com may charge to do so.

15. Goods and Services Tax

15.1. The customer will be liable for any goods and services tax payable because of the supply of goods and/or services by Bailedesign.com to the customer.

16. Authenticity of customer's details

16.1. Placing an order at Bailedesign.com a customer states and confirms that all of his personal details - sent by him via the online form or given personally in writing to Bailedesign.com - are authentic and actual.