Company: Shenzhen Union Smart Card Co.,Ltd.
Client: the person, firm or company ordering or buying Services or Goods from the Company.
Services: the subject matter of the relevant Order or contract of sale
Order: the Order placed by the Client for the supply of concepts, design, artwork, project management or any other Service or Goods supplied by the Company.
Artwork: any visual, design, concept, typography, illustrations, photographs, positional guides and print specifications.
‘Goods’ means actual products or items supplied.
No contract in respect of Services between the Company and the Client shall exist until the Client’s Order has been accepted by the Company and the Company’s estimate proposal signed by an authorised signatory of the Client and returned to the Company. No conditions or terms stipulated in any other communication or document shall vary or annul any of these Terms except insofar as the same is expressly consented to in writing by the Company. On commencement of the project, the Company reserve the right to re-estimate the project if there are; 1. changes to the scope of the project as originally agreed, 2; any major delays that are not caused by the Company after the original estimate has been signed off.
Prices are based on the Company’s current pricing policy but the Company reserves the right to amend its quoted prices at any time. Quoted prices do not include any packing or delivery, unless otherwise stated.
Where the Client has requested, either verbally or in writing, either preliminary or additional work or a variation to the Order or the Company’s estimate, then any such additional or preliminary work, whether experimental or otherwise, or such variation to Order shall always be charged to the Client at the current rate prevailing for that service, unless otherwise stated by the Company.
VAT – Value Added Tax where applicable is payable on goods and services supplied by the Company whether or not included in the estimate.
A charge will be made to cover any additional costs incurred by the Company for delivery of goods or services to addresses other than those specified in the estimate. Should expedited delivery be agreed any additional costs incurred by the Company will be charged extra.
The Company’s liability in respect of defects in the Services provided shall be limited to the replacement of the faulty items, or the issue of credit notes or the granting of a refund, or such other compensatory measures as the Company in its sole discretion considers appropriate in the circumstances. No liability will be accepted for defective work directly resulting from inferior originals or materials supplied by the Client.
Where the Client has supplied written copy, photography, film, images, materials, documents or other assets in whatsoever form for printing or reproduction purposes by the Company and such written copy, photography, film, images, materials, documents or other assets in whatsoever form are damaged or destroyed whilst in the Company’s possession, then the Company shall only be liable for the replacement cost of the said written copy, photography, film, images, materials, documents or assets and the Company shall not in any circumstances be liable to the Client in respect of indirect or consequential loss or damage or loss of profits sustained by the Client. It is assumed that all images supplied by the Client to the Company for reproduction in printed or digital format is free of license or restrictions.
The Company shall not be liable for any loss to the Client arising from delay in transit not caused by the Company. Any assets supplied to the Company by the Client are deemed to be the copyright of the Client, or accepted on the basis that the Client has obtained the necessary copyright clearance for such assets. The Company cannot be held responsible either in whole or in part for any copyright breeches that occur as a result of the use of assets supplied to the Company.
The Company cannot be held responsible for any loss of data due to errors caused by website hosting, be it provided by the Company or the Client. The Company cannot be held responsible for the incorrect use of content management systems resulting in data loss by Company clients.
The Company may at its discretion refuse to print or produce 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 of any third party. The Client shall indemnify the Company against all claims made against it and all costs and expenses incurred or paid by it (including any damages costs and other sums paid either on legal advice in settlement of any claim or under a court order) in respect of any illegal or libellous matter or any infringement of copyright, patent, design or other proprietary or personal rights of whatsoever is contained in any material printed, produced or supplied to the Company by the Client.
All work submitted for Client’s approval by the Company shall incur no liability for any errors not corrected by the Client in works so submitted. All Client’s alterations and additional proofs exceeding the original Order or agreement will be subject to additional charge. Where any content, style, type or layout is left to the Company judgment, all changes thereafter made by the Client shall be charged extra at the prevailing rate for that service. No responsibility will be accepted for differences between proofs and work supplied to the Client where the methods of production differ.
The Company shall be at liberty to sub-contract the work described in the estimate either in whole or in part to any person firm or company it shall know to be fit to carry out the required task without notice thereof to the Client.
The Company shall be under no liability if the Company is unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, terrorism, legislation, war, fire, flood, drought, failure of power supply, lock out, strike or action taken by employees or contractors in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such contingency the Client may give a written notice to the Company electing to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
The Company reserves the rights of title to any work or items prepared for the Client and retains all Copyright and Intellectual Property Rights in connection therewith until such time as the Client has purchased such Copyright or rights of the title by payment in full in accordance with this agreement and confirmation of same is made in writing by the Company.
The Company reserves the right to use, for the purposes of its own marketing, all work produced for the Client, on the understanding that such marketing for the Company shall not damage the Client’s brand or perception of the Client’s brand in any manner whatsoever.
These conditions and all other terms of the contract shall be governed and construed in accordance with the People's Republic of China.
Signing of the Company’s estimate, proposal or Statements of Work by the Client is deemed to be acceptance of all the above Terms & Conditions of business.