MyChurch.Events Professional Flyer Design Service is provided and operated by MyChurch.Events Limited a company registered in England and Wales (registered number 09188368).

 

2. Price Variation

Prices are based on MyChurch.Events Professional Flyer Design Service current costs of production time and, unless otherwise agreed, are subject to amendment on or at any time after acceptance, where such amendment is required in order to meet any rise or fall in such costs.

 

All work carried out, whether experimentally or otherwise, at customer's request shall be chargeable.

 

Where any additional work of whatever nature is necessary as a result of image/s supplied by a customer that are of poor quality, not being clear and/or legible, MyChurch.Events Professional Flyer Design Service shall be entitled to make additional charges on a time and materials basis to cover such additional work.

 

Proofs of all work may be submitted for customer's approval and MyChurch.Events Professional Flyer Design Service shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer after the flyer and files have been fully handed over. When style, type or layout is left to MyChurch.Events Professional Flyer Design Service discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis after handover to customer.

 

Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by MyChurch.Events Professional Flyer Design Service shall vest in and belong to MyChurch.Events Limited. MyChurch.Events Professional Flyer Design Service may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible “materials” prior to instructing MyChurch.Events Professional Flyer Design Service to reproduce the same. The customer shall indemnify and hold MyChurch.Events Limited and its agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the “materials” by MyChurch.Events Professional Flyer Design Service infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.

 

All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, and all source code and all other material content of any Website owned, controlled or operated by MyChurch.Events Professional Flyer Design Service are the intellectual property of MyChurch.Events Limited or its content providers and as between MyChurch.Events Limited and the customer all intellectual property rights (including all copyright) arising out of or connected with such content shall belong to MyChurch.Events Limited. No reproduction of any part is allowed without written permission.

 

Unless otherwise specifically requested in writing any work may carry the MyChurch.Events Professional Flyer Design Service imprint which will be positioned at MyChurch.Events Limited’s discretion. This will be made clear on any proof, prior to approval.

 

Turnaround is measured in Working Days, defined as days on which the clearing banks in the City of London are open for normal business. Delivery period (the “Delivery period”)(as more particularly described in paragraph 8(b) below) will be made no later than 10pm on the last Working Day of the last working day. Should MyChurch.Events Professional Flyer Design Service fail to deliver within the delivery period, a service "credit" will be awarded up to the value of the order in question (redeemable against future orders within 6 months of issue of the Credit in question) (the "Credit"). Where the late delivery is as the result of the action or inaction of the customer, MyChurch.Events Professional Flyer Design Service, at their absolute discretion, may elect to extend the turnaround by one Working Day and the customer shall not be awarded a Credit during this time.

 

These services rely on the customer not delaying the progress of the order in any way (which delays include but are not limited to the customer not returning proofs or information on how to progress by the time specified by MyChurch.Events Professional Flyer Design Service (a "Customer Delay"). In the event of a Customer Delay the customer shall not be awarded a Credit and MyChurch.Events Professional Flyer Design Service shall not be bound to deliver within the Delivery period.

Delivery of work by MyChurch.Events Professional Flyer Design Service shall be deemed to take place upon email sent to customer notifying files are ready for download. Where the customer is obliged to download the work, customer's failure to download the work on the day on which MyChurch.Events Professional Flyer Design Service is contractually obliged to have it ready for download shall be classed as a Customer Delay. Where MyChurch.Events Professional Flyer Design Service is obliged to deliver the work to a specific email address or Dropbox or customer drive but the customer provides MyChurch.Events Professional Flyer Design Service with incomplete or incorrect delivery information or is not available to accept delivery, then provided that the MyChurch.Events Professional Flyer Design Service has used reasonable endeavours to deliver the work to the customer, a failed delivery shall be classed as a Customer Delay.

 

Should expedited delivery be agreed MyChurch.Events Professional Flyer Design Service shall be entitled to make additional charges on a time and materials basis 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 customer for a period of 30 days or more MyChurch.Events Professional Flyer Design Service shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.

 

Risk of, loss of, or damage to work completed by MyChurch.Events Professional Flyer Design Service shall pass to the customer on delivery. Notwithstanding delivery and the passing of risk in the work to the customer, ownership of and title to the work shall not pass to the customer and shall be retained by MyChurch.Events Professional Flyer Design Service until MyChurch.Events Professional Flyer Design Service has received payment in full in respect of all work.

 

MyChurch.Events Professional Flyer Design Service gives no warranties or guarantees or makes any representations as to the merchantability or fitness for a particular purpose of any completed work the subject of a customer's order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. MyChurch.Events Professional Flyer Design Service shall not be liable for any loss arising from delay in transit not caused by MyChurch.Events Professional Flyer Design Service. Further, MyChurch.Events Professional Flyer Design Service shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of MyChurch.Events Professional Flyer Design Service in respect of any and all causes of action arising out of or in connection with the customer's order and MyChurch.Events Professional Flyer Design Service’s performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall be limited to the sums paid to MyChurch.Events Professional Flyer Design Service by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.

 

The customer's property and all property supplied to MyChurch.Events Professional Flyer Design Service by or on behalf of the customer shall while it is in the possession of MyChurch.Events Professional Flyer Design Service or in transit to or from the customer be deemed to be at customer's risk unless otherwise agreed and the customer should insure the safety/security of such property accordingly.

Where a customer fails to collect work within 20 working days from notification to the customer of completion of the work, MyChurch.Events Professional Flyer Design Service shall be entitled, at its discretion, to either to continue to store the work on their servers and charge the customer for the costs (including insurance) of storage or to destroy such work (provided that the customer shall nevertheless remain liable for payment in respect of the relevant order).

 

In some cases customers are invoiced after work is completed. For invoices not settled within the agreed credit terms or for payments returned unpaid (such as credit cards or similar), MyChurch.Events Professional Flyer Design Service reserves the right to charge interest on the overdue debt at 2% above the HSBC base rate at the time and an administration fee to cover its debt recovery costs and any other costs relating to the collection of payment.

 

If the customer ceases to pay its debts in the ordinary course of business or cannot pay its 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 it, MyChurch.Events Professional Flyer Design Service without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not), such charge to be an immediate debt due to MyChurch.Events Professional Flyer Design Service, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in MyChurch.Events Professional Flyer Design Service's possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods.

 

MyChurch.Events Professional Flyer Design Service shall not be required to print any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights or any third party.

Without prejudice to paragraph 6 above, the customer shall indemnify and hold MyChurch.Events Professional Flyer Design Service harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be defamatory.

 

By placing an order with MyChurch.Events Professional Flyer Design Service, the customer consents to its details being passed on to MyChurch.Events Limited for accounting and marketing purposes. The details will be kept by MyChurch.Events Limited even after the customer's trading relationship with MyChurch.Events Limited has terminated. MyChurch.Events Limited may use the customer's personal data to let customers know about goods and services similar to the goods or services provided to the customer previously and any others matters that MyChurch.Events Limited consider may be of interest to customers. You may opt out at any time by Contacting Us.

 

MyChurch.Events Professional Flyer Design Service shall be under no liability if it shall be unable to perform any obligation which is owed by it to the customer 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.

 

These terms and conditions may be amended from time to time. The latest version of these terms and conditions may be accessed via the Website.

 

These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with English law. English Courts shall have jurisdiction in relation to any matters arising in connection with any contract between MyChurch.Events Professional Flyer Design Service and the customer into which these terms are incorporated.