Agency Terms and Conditions
Quotations - All quotations are subject to withdrawal or variation at any time prior to acceptance of order. Project budget estimates are based on available information. Detailed quotations will be supplied and client approval secured prior to implementation. If additional information is supplied or Tini Media becomes aware of any matter, which changes the project specifications after the submission and approval of a quotation, a new/revised quotation will be provided for approval. Tini Media adheres to a transparent billing approach. Work is delivered as quoted. Any additional charges over and above the original quotation will be advised and client approval obtained before work proceeds. This procedure has been designed to keep clients informed of all cost or project variations throughout the project.
Offer & Acceptance - All orders are subject to acceptance within 30 days. Approval of a quote will be accepted via email confirmation.
Delivery - a) Any date quoted for delivery is an estimate only and unless a guarantee has been given by Tini Media in writing providing for liquidated damages for failure to deliver by the quoted date, Tini Media shall not be liable to the Purchaser for any loss or damage arising for failure to deliver on or before the quoted date.
b) Tini Media reserves the right to deliver by instalments. If delivery is made by instalments the Purchaser shall not be entitled:
i. To terminate or cancel the contract; or ii. To any loss or damage arising from failure by Tini Media to deliver any instalment on or before the quoted date.
Liability - Tini Media accepts no responsibility for the accuracy or appropriateness of any materials created or drafted when based on information supplied by the client. It is the client’s responsibility to ensure the accuracy, appropriateness and content of all information drafted and the client indemnifies Tini Media, its servants, agents and sub-consultants from all liability consequent on reproduction.
Client Instructions Client instructions are to be confirmed in writing either electronically or by correspondence. Tini Media will use its best endeavours to comply with all client instructions, but shall not be liable for any errors or omissions due to oversight or misinterpretation of a client’s verbal instructions.
Alterations - Any additional alterations or amendments outside of those outlined in the quote will be charged at the hourly rate for additional revisions.
Payment - 50% deposit upon quotation approval prior to commencement. Tax invoices are payable within 14 days from the date of the tax invoice.
Lien - In addition to all other rights and remedies of Tini Media if the client fails to pay all monies as and when due, Tini Media shall hold a general lien with power to
enforce over all client articles and work produced by Tini Media until payment for that work is received.
Cancellation - Any order may only be cancelled by mutual agreement and in the event of such cancellation the Purchaser undertakes to reimburse and indemnify Tini Media in preparation for and in the execution of an order.
Client Property - All articles submitted to Tini Media are at the client’s risk. Articles will not be returned unless requested by the client. Tini Media shall not be responsible for any loss or damage to any client property.
Description and Specification - The Purchaser warrants that any goods manufactured constructed or supplied by Tini Media which are based in whole or in part upon designs, drawings or specifications supplied to Tini Media by or on behalf of the Purchaser shall not infringe any patent or registered designs. The Purchaser shall indemnify and keep indemnified Tini Media its servants or agents for any breach of this warrant.
Projections - Where revenue projections or estimates are provided by Tini Media as part of a proposal to a client, Tini Media warrants only that it will exercise reasonable skill, care and diligence in the preparation of these projections. Any projections are (i) prepared on the basis of data received from the client in good faith, and (ii) are only provided to the client as an aid to management and constitute an indication – but not a guarantee – of a potential outcome, from among a range of many potential outcomes. Whilst Tini Media will always use its best endeavours to further its client’s commercial activities, any such projection(s) or representations do not constitute a direct, or indirect, or implied guarantee to any degree of commercial performance.
The client hereby acknowledges that its commercial performance and/or of its products and/or services, results from a multiplicity of factors within its control in addition to communication for which Tini Media has been contracted including, but not limited to, its sales ability, product pricing, availability, competitiveness, attractiveness of offer, all of which remain the responsibility of the client at all times. The client acknowledges that these additional factors are beyond the control of Tini Media and beyond the scope of work for which the client has engaged Tini Media’s services.
Force Majeure - Every effort will be made to carry out any contract based on a quotation, but the due performance of it is subject to variation or cancellation owing to an Act of God, War, Strikes, Lockouts, Fire, Flood, Drought or any other cause beyond control or owing to inability to procure materials or articles except at increased prices due to any of the foregoing causes.
Transfer of Copyright - Copyright on all works created by Tini Media will be transferred to client upon payment of agreed fees.
Artwork - All artwork, scans, outlines and proofs thereof are submitted to the Purchaser in confidence. Property in goods shall pass to the Purchaser immediately upon their completion. Tini Media takes no responsibility for supplied files that are not to specifications or are corrupt.
Reproduction Rights - Instructions for work(s) are received from the client in good faith and on the understanding that the client has the legal and moral right to reproduce the material submitted. The client indemnifies Tini Media its servants, agents and sub-contractors from any and all liability consequent on reproduction.
Consequential Loss or Damage - Any liability of Tini Media, its servants, agents or sub-consultants under no circumstances includes or extends to consequential loss or damage.
Dispute Resolution - If the client disputes any of the work performed by Tini Media it must, prior to commencing litigation, deliver a written notice of dispute adequately identifying and providing details of the dispute within 7 days of Tini Media invoice(s) for the disputed work(s). Within 14 days after service of the notice persons representing the client and Tini Media, who have the authority to agree to a resolution of the dispute, must meet at least once to attempt to resolve the dispute and failing resolution of the dispute to, where possible, agree on methods of resolving the dispute by other means. In the event that the dispute cannot be resolved after the client and Tini Media have made reasonable efforts, either party may refer the dispute to litigation.