Terms and Conditions of Business


Subject to express agreement to the contrary, all orders written and verbal, are accepted on the understanding that the following terms apply to each and every business transaction. All prices exclude VAT where appropriate.


ORDERS: All orders must be confirmed in writing by email to be guaranteed.


PAYMENT PLAN: All orders will be associated with a pre-agreed payment plan usually involving a 50% deposit. These will be discussed before the work is accepted and will form part of the contract between both parties. Print orders will be invoiced on a short credit term of 5-10 days. In some cases full payment will be required up front.


CREDIT ACCOUNTS: Initial orders will be on a Pro-forma basis unless otherwise agreed in a specific contract. Following acceptable references, credit accounts will then be opened and services invoiced on account, otherwise a Pro-forma invoice will be issued. Trade references should be from brand name suppliers with whom several transactions have been made during the last six months.


TERMS FOR CREDIT ACCOUNT CUSTOMERS: Invoices are payable strictly within 30 days of invoice date unless otherwise specified in a contract. Failure to settle within 30 days may result in the delay of further deliveries. Overdue accounts will be subject to a 5% charge per month, calculated on a daily basis and due immediately.


TERMS FOR NON-CREDIT CUSTOMERS: Pro-forma invoice payment must be received as cleared funds before the goods/services are released.


RETENTION OF TITLE: Ownership of the goods / services shall not pass to the customer until ProAction has received in full all sums due to it in respect of the goods and all other sums which are or which become due to the company from the customer on any account. With regards to website and domain names, any domain name registered by ProAction will remain the property until the customer has taken over registration and management thereof. Ownership of goods relating to projects of a long term nature shall not pass to the customer until all outstanding invoices are paid in full.


INTELLECTUAL PROPERTY RIGHTS: The intellectual property of all design, photography & video always remains with ProAction and reproduction must only take place with express permission. The only exception would be if an agreement is made prior in writing to the work commencing.


COPYRIGHT: Content of any marketing material including text, images, code and video are covered by copyright laws. Use of supplied assets assume the relevant copyright permissions have been granted.


MISCELLANEOUS COSTS (1): All quotes for design assume the supply of all images in a finished format suitable for reproduction unless otherwise stated in the quote. If extra work is needed to bring the images to reproduction standards an extra charge by the hour will be levied. This rate will be agreed prior to the job starting.


MISCELLANEOUS COSTS (2): All quotes assume the supply of text in a finished format suitable for reproduction unless otherwise stated in the quote. If extra work takes place to amend supplied text to achieve reproduction standards an extra charge by the hour will be levied. This rate will be agreed prior to the job starting.


MISCELLANEOUS COSTS (3): In some cases logistical costs at exhibitions will be spread across those customers attending that exhibition. In the event that one of these customers pulls out, the costs will rise to represent the new spread of business.


MISCELLANEOUS COSTS (4): In situations where ProAction has organised shipping on behalf of our customers, ProAction will endeavour to get estimates prior to shipping dates. However, these can be effected by exchange rate fluctuations, extra loading costs, demurrage, additions to load and unexpected show organiser costs. It is recommend that a contingency budget is always put aside for these circumstances especially for 'new' clients.


MISCELLANEOUS COSTS (5): Film Production service levels will be agreed in writing before the order is confirmed.


Editing: If not outlined in service level agreements, each production will include 2 edits - 1 initial edit and 1 final edit with changes. Further edits will incur extra cost.


Music: Music will be supplied on the basis that customers accept all responsibility and liability for any licensing issues. ProAction will endeavour to discuss these when music is chosen.


CLAIMS: Damage must be reported in writing to the carriers and to ProAction within 3 days of delivery signed for as “damaged, contents unexamined”.


MISSING PARCEL(S): If any parcel does not arrive within 14 days of invoice date, we must be notified in writing immediately.


WARRANTY: Faulty goods will be replaced or repaired subject to our inspection. Faulty goods must first be returned for our inspection. We reserve the right to refuse badly packaged returns. Design or materials changes to improve the product are not considered grounds for complaint.


DESIGN & PHOTOGRAPHIC CREDITS: All design & photography will be credited to Angus Peel where appropriate, in the form of a small graphic within the document unless otherwise stated within a contract.


DELIVERY COSTS: All prices exclude delivery and courier costs unless otherwise stated in a quote.


THIRD PARTY IT SUPPLY: Proaction are not liable for any third party IT supply issues or system downtime. We will endeavour to support a quick resolution.