3. SERVICES
3.1 Subject to the following provisions of this clause 3, TFD undertakes that:
(a) it will exercise reasonable skill, care and diligence in carrying out the Services; and
(b) it will use all reasonable endeavours to meet any date(s) for completion of the Services specified in a Contract, provided that TFD shall not be liable for any delay caused by the Client (including, without limitation, any failure or delay by the Client to provide any Client Materials, or any errors or omissions in the Client Materials).
3.2 Unless another method is specified in a Contract, TFD will send all work to the Client by email or via Dropbox or WeTransfer at the Client’s sole risk.
3.3 The Client shall ensure that all Client Materials:
(a) are of a sufficient quality and integrity to enable TFD to provide the Services;
(b) do not infringe any third party’s copyright or other intellectual property rights;
(c) are not defamatory or otherwise libellous; and
(d) do not breach any other law, statute, ordinance or regulation.
(e) online purchase briefing documents are completed.
The Client agrees to indemnify TFD against any loss, liability, damage, cost and expense (including reasonable legal fees and expenses) incurred by TFD in connection with claims made or brought against TFD by a third party alleging that the Client Materials, or the use thereof by TFD (i) infringe the copyright or other intellectual property rights of any person, or (ii) are defamatory or otherwise libellous.
3.4 The Client agrees to indemnify TFD against any loss, liability, damage, cost and expense (including reasonable legal fees and expenses) incurred by TFD in connection with claims made or brought against TFD by a third party alleging that the Client Materials, or the use thereof by TFD (i) infringe the copyright or other intellectual property rights of any person, or (ii) are defamatory or otherwise libellous.
3.5 On acceptance of the work by TFD either through an online purchase from the website or by a written agreement or by the non-refundable deposit being paid, consultation will take place in regard of the scheduling of the work. Once the work has been placed on TFD schedule It is the clients’ responsibility to ensure that all client materials which are required by TFD reaches TFD before the scheduled date. If no date was scheduled, the default schedule is one (1) week after deposit or full payment was received. If there is any delay caused by the client by not supplying the required materials to TFD, TFD will have the right to invoice the client for time loss of scheduled work not performed due to clients delay. In such a case the work may be rescheduled for a future date and the client may be invoiced again for such work completed by TFD.
3.6 Order process and conclusion of online purchases.
i)The product presentation on our Website is only examples and does not represent an offer but shall be understood as a non-binding invitation for the customer to submit an order.
ii) By clicking the “Buy now” button, you send us a binding offer for the conclusion of a purchase agreement with TFD regarding the items in your shopping cart (hereinafter referred to as “Order”.)
iii) TFD may, at its discretion, accept or reject the Order. TFD will accept your Order by sending an order confirmation. Unless otherwise stated, the effective date of the purchase agreement is the date on which TFD confirms by email the acceptance of your Order. In case of purchase on advance payment, the purchase agreement is subject to the condition of and shall become binding for TFD only upon receipt of the full payment for the purchase.
iv) If you place an Order through our Website, the ordering process comprises of the following steps:
a) Selecting the desired goods and or services.
b) Checking all items in your shopping cart and apply any necessary changes. You click the“Check out” button to proceed to payment.
c) If you have not already done so, you log into your user account with email and password and enter the required customer data for the invoice.
d) Finally, on the “Checkout” page, you select the preferred method of payment and confirm your acceptance of the conditions that shall apply to the purchase. Here, you can again change the invoice details, check your purchase data and return to the cart by clicking “Back to cart”. By clicking “Buy now”, your Order becomes binding.
v)With our order confirmation we will send you a copy of the corresponding Order, including the corresponding invoice to your email address.
3.7 As work commences TFD will require feedback from clients in regard of work acceptability and completion. Clients have 72 hours (unless otherwise negotiated and agreed upon by TFD and the client) to inform TFD of changes required on work. If the 72 hours elapse with no feedback from the client TFD will have the right to accept that the client is satisfied and that the work is completed. TFD will then issue the client with an invoice for the completed work, any changes to work after this invoice is issued will be for the cost of the client. The 72 hour period excludes weekends and public holidays.
3.8 All Client Materials provided to TFD by the Client will be held or dealt with by the Company at the Client’s risk, and the Client is solely responsible for ensuring that such Client Materials are insured against loss or damage while in TFD custody. TFD reserves the right to destroy or otherwise dispose of any Client Materials which have been in TFD custody for more than three months following completion of the Services to which they relate.
3.9 Clients requiring the return of any Client Materials are responsible for the arrangements for such materials to be returned to them at their own expense. TFD will not be held accountable or return any client materials at TFD costs unless otherwise agreed upon in writing by the Client and TFD.
