Terms & Conditions

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Effemey Cosby Advertising Ltd (ECA) is a registered company in England and Wales. Reg No: 4145385.  Our registered address is, 31/33 Commercial Road, Poole, Dorset, BH14 0HU. VAT where applicable is charged at the current prevailing rate. VAT Registration Number: 768 9183 66

These Standard Terms apply to the supply of all products and services by Effemey Cosby Advertising (hereafter referred to as ECA), unless we otherwise agree in writing. ECA accept orders and instructions only on the basis that those instructing us do so as principals and are liable directly to us for payment of our account.

Use of third party contractors
We may, as your agent, directly or through an intermediary ask another contractor ("Third Party Contractor") to carry out some or all of any work which you instruct us to carry out for you. We shall pay the charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will take all reasonable care in selecting and instructing a Third Party Contractor. However, we have no control over the activities of a Third Party Contractor and therefore accept no responsibility for the services provided to you by that Third Party Contractor or for any errors or omissions in its work or products. We provide services only on the basis that those instructing us give us all proper, necessary and timely instructions, authority and information (including the execution of all documents required) to enable us to undertake lawfully and effectively the business instructed, and that those instructing us indemnify us accordingly.

Copyright and publication
We accept material for printing and/or publication on the basis that those submitting the material are responsible for ensuring it is free from defamatory matter and does not infringe copyright or any other third party rights, and that those instructing us indemnify us accordingly.

Third party reliance
Our services are provided solely for the use of our client and that client's own client on whose behalf the work has been commissioned and shall not be used or relied upon by any other third party.

Delivery of products and services
Products are delivered using first class post, fax, email, FTP or via our own server (as appropriate), unless otherwise stated. Where you request an alternative method of delivery, you must meet those costs. Services are provided using reasonable skill and care. The description and price of goods and services and delivery details will be provided in the confirmation of order and/or invoice dispatched with the product or service. Products and services will be provided in accordance with the timescales set out in the Consumer Protection (Distance Selling) Regulations 2000 unless otherwise agreed with you. Any order damaged in transit must be reported immediately by signing any delivery note "Damaged on arrival" and returning it to us within 5 working days; any damaged goods must be retained by you for inspection. If the delivery note is signed without the comment “Damaged on arrival” we cannot be held responsible for damages in transit.  You will need to inspect your order immediately on delivery and if there are shortages or any problems at all with the order, you need to notify us within 1 working day after date of delivery.

Payment
We may require payment in advance before providing any goods or services. Where we have agreed credit terms for you all our invoices are due for payment 20 days from the invoice date. We reserve the right to charge for costs and expenses incurred in recovering late payments (Debts up to £999.99 - £40.00, debts between £1,000 to £9,999.99 - £70.00, debts of £10,000 or more - £100.00), and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date. We reserve the right to pass unpaid debts to a third party debt collection agency and/or to instruct debt recovery through the courts. We also share our clients payment history with a multinational provider of business credit information. which subscribers may use to credit score your business.  Late payments may therefore have a detrimental effect on your ability to use credit. We use PayPal Virtual Terminal for all our Credit & Debit Card payments however we do not store credit card details nor do we share customer details with any 3rd parties other than our payment provider.

Refunds & Cancellations
Effemey Cosby Advertising Ltd will be happy to help you cancel your order prior to fulfilment although cancellation charges may apply depending on the stage of the order and a full refund cannot always be guaranteed. Effemey Cosby Advertising reserves the right to cancel any order and will give full refunds as appropriate.

Non- completion of services
When you instruct us to undertake any service, you will be responsible for our costs in providing that service whether or not it proceeds to its conclusion.

Liability
We accept no liability for loss or damage (direct, indirect or consequential) including all loss of profit or business arising out of any single claim, event, or series of related claims or events (including claims based on negligence).

Due diligence
Under certain circumstances we are required by law to collect evidence of identity from our clients. If you fail to supply any due diligence which we request we will be unable to provide services to you.

Customer services
If you are unhappy with any aspect of our service, please contact us directly on 01425 688565. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.

Quotations and costs
Our quotes are valid for 20 days. Any advance payments are due immediately, with the remainder due within 20 days or on project completion for any other work. Our costs exclude VAT and any outside costs incurred (for example: travel, photography, stock imagery, delivery and couriers). Our hourly rate is £110 p/hr. Our minimum charge is 30 mins.   All work, outside an agreed list of deliverables, in the absence of a quote or due to a client’s changes will be charged at this rate. We will provide you with estimated timescale for progress and completion of work and will use reasonable endeavors to meet those timescales (as long as you perform your obligations promptly). Any quoted dates or times are our best estimates only and we cannot guarantee that they will be met.

Use of work for self-promotion
ECA reserve the right to use any work we produce for the purpose of self-promotion.

Artwork & Copy Retention
ECA endevour to keep backups of artwork, copy and related files for a minimum period of 30 days for archive purposes. Due to the nature and size of the files involved backup can not be assured past this point unless by prior arrangement. In the event that services have ended following unpaid accounts files will be deleted. 

Please ask for details and prices for long-term archiving. ECA are not responsible for further costs for re-creating work if no backup exists.

Changes to terms and conditions
ECA reserve the right to make changes to these terms and conditions from time to time. Under all circumstances the most recent online copy of our Terms & Conditions supersedes any previous dated copies you hold.

Jurisdiction
Contracts between us will be concluded in the English language and our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.

Dated

For Leaflet Distribution Terms & Conditions Click Here