The following terminology applies to these Terms and Conditions and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to Tilan Limited. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. "Business Partner" refers to any other party with whom we have a professional relationship, including but not limited to our contractors and suppliers. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our Business Partners and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
Links to Our Websites
You may not create a link to any page of our websites without our prior written consent. If you do create a link to a page of our websites you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links From Our Websites
We do not monitor or review the content of other party’s websites which are linked from our websites. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Standard Conditions of Sale
Applicability of Conditions
The Company accepts orders subject only to these conditions. The client accepts that these conditions shall govern relations between it and the Company to the exclusion of any other terms including without limitation conditions or warranties (written or oral express or implied) even if contained in any of the client’s documents which purport to provide that the client’s own terms shall prevail. No variation or qualification of these conditions or of any quotation or order arising there from shall be valid unless agreed in writing by the company secretary or a director of the Company.
Quotation and Acceptance
Quotations are valid for thirty days unless otherwise stated in writing, and do not constitute an offer by the Company, furthermore, no order shall result in a binding contract until accepted by the Company. That order must contain sufficient information for the Company to proceed and no contract shall exist until confirmation in writing of acceptance is given by a duly authorised officer of the Company. Unless otherwise stated in writing by the Company, each order, when accepted, constitutes a separate contract.
Prices and Price Variation
Prices quoted are inclusive of Value Added Tax. Unless otherwise stated in writing, the Company reserves the right to vary the prices of its goods and services prior to acceptance of an order, or between the date of acceptance of an order and the actual date of delivery (including, but not by way of limitation, price variations related to changes in exchange rates, transport costs, or taxes, or where an increase in cost is due to any act or default of the client, including the cancellation by the client of part or any order). The Company reserves the right to apply a minimum charge in respect of any order.
Delivery of Goods and Performance of Services
Any delivery period, or delivery date quoted is an estimate only and commences from the Company's written acceptance of the client’s order. Such estimated delivery period shall not involve the Company in any liability to the client in respect of loss suffered as a result of failure to deliver or complete the contract within such period of time and no delay shall entitle the client to cancel the order or refuse to accept delivery at any time. The Company reserves the right to deliver in more than one consignment and to invoice each consignment separately and in such circumstances payment in respect of consignments delivered will be due even if the whole contract has not yet been fulfilled. The Company also reserves the right to withhold delivery of later consignments in respect of earlier consignments which are due and have not been made.
The Company shall be entitled (without prejudice to any of its other rights) to claim from the client any loss or additional cost arising from any delay by the client in:
- Accepting delivery of the goods or services; or
- Furnishing any further information required to enable the Company to complete and deliver the goods or services.
Unless otherwise agreed in writing all references to delivery shall mean delivery within the United Kingdom, to the destination specifically agreed between the parties, the method of transport to be decided at the sole discretion of the Company.
Payment shall be due in full immediately in respect of advance or progress claims rendered in accordance with an agreed scheme of phased payment, and, in respect of the invoiced value of goods supplied and services rendered within 28 days from the date of the Company's invoice. Payment shall not be withheld on account of any claim of the client against the Company, or any other cause whatsoever.
Cash or Personal Cheque with Bankers Card, all major Credit/Debit Cards, Bankers Draft or BACS Transfer are all acceptable methods of payment. Our Terms are payment in full within twenty-eight days. All goods remain the property of the Company until paid for in full. We understand and will exercise our statutory right to claim interest and compensation for debt recover costs under the late payment legislation (Late Payment of Commercial Debts [Interest] Act 1998) if we are not paid according to agreed credit terms.
Monies that remains outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of England's base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
The Company reserves the right to suspend delivery or withdraw credit terms where payment of any invoice due to the Company, is not received in accordance with the payment terms stipulated herein, or otherwise agreed with the client.
Returned cheques will incur a £25 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Minimum 14 days notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. In the event of agreed cancellation, the Company reserves the right to recover from the client the greater sum of 25% of the accepted contract price, or the cost of all work carried out and material ordered at the date of cancellation together with a sum equal to a proportion of the total contract price for loss of profit.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
Availability Unless otherwise stated, the services featured on our websites are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Advertisements and Supplied Copy
The Company will not be liable or responsible for checking the supplied copy to ensure it is correct, accurate, and complete or that it does not contain any errors.
The Company will not be liable for any errors, mistakes, or omissions made during the processing and/or posting of supplied copy or advertising content, or any delays incurred.
The Company may delete any advertising Content from Company websites or refuse to post any advert to company websites if; the content is not consistent with the Company's principles, does or is likely to breach any applicable law or regulation, is obscene, blasphemous or defamatory, and/or infringes the Intellectual Property Rights of any third party
The Company may move, change the position of, or reduce or increase the size of any advert on our websites at any time if necessary or desirable for organisational or presentational reasons
The Client will ensure that all advertising content or any other information provided by the Client is legal, honest, and accurate and not misleading in any way and the advertiser will not use the Company's for any fraudulent or illegal purposes
The Client will ensure that the advertising content complies with all applicable legislation, regulations, codes and guidelines and that the supplied copy does not contain material that may infringe on any rights of any third party or otherwise legally actionable by such third party
The Company will have sole control over the look and feel of the Company's websites, including the placing of the advertising content provided by the Client to the Company's websites and the display, appearance and placement of the Parties' respective names and/or brands, although the Company will aim to maintain the presentation and styles of supplied copy as far as possible
The Company will not be responsible for any claims, demands, actions, losses and damages, costs, charges, fines and expenses arising from or incurred due to any infringement or alleged infringement of any third party Intellectual Property Rights (eg, patents, trade marks, service marks, design rights, applications for any of the foregoing, copyright, database rights, know-how, trade or business names, domain names and similar) caused by the Company's use of the copy provided by the Client; or the Client providing any copy in breach of any applicable law or regulation
The company will not take any responsibility for those responding to advertisements or supplied copy, or any adverse consequences or behaviours of third parties introduced via Company websites.
Retention of Title
Legal and beneficial ownership of the goods shall remain with the Company until such time as the Company has received payment in full for all goods and services supplied to the client or until such time as the goods are sold to the client's customers by way of bona fide sale the full market value (whichever shall be the earlier).
Notwithstanding terms of payment specified herein or elsewhere payment for all goods supplied to the client shall become due immediately upon the commencement of any act or proceeding in which the client's solvency is involved (whether voluntary or upon application to any court) or upon appointment of a receiver over the whole or any part of the client's assets or undertaking and upon such occurrence the power of sale granted to the client above shall automatically determine.
If payment for any goods is overdue whether in whole or in part and any goods have been delivered to the client the Company may without prejudice to any of its other rights enter upon the clients premises to recover and/or resell the goods or such of them as the Company in its absolute discretion may designate as necessary to recover the amount of payment overdue and the Company's reasonable costs incurred in giving effect to its rights hereunder and for these purposes the client hereby irrevocably authorises the Company to enter and take all necessary and reasonable steps upon the premises or the client.
Until the Company is paid in full for all goods supplied the client is and shall remain a fiduciary for the Company in respect of the goods and if the client sells or allows to be sold the goods the proceeds of sale shall be held in a separate clearly identifiable account and the beneficial interest of the Company shall attach to the proceeds of sale and the Company shall have the right to trace such proceeds of sale.
The Company grants the Client the right to use the goods in all media useful for his/her business and waives the right to any future royalties associated with the Client's work, which remains the intellectual property of the Client. The Company, however, retains the right to display the work and Client's name, the name(s) of his/her products, and his/her website address for testimonial and promotional purposes on the Company’s website(s) and in any printed marketing material. The Company retains all rights to concepts and preliminary work, even those incorporated into the final design.
Right to Modify/Additional Work (Alterations)
The Client understands that he/she has no right to alter the Final Cover Designs in any way except to change their sizes for printing or digital display. If the Client desires any alterations, he/she will consult the Company first, who will be allowed the first option to make alterations when possible. The Client does understand that additional payments may be required to make these alterations.
The Client agrees to display the name and URL of the Company, and a link if technically feasible, as well as the details of any associated artists as directed by the Company, on the copyright page of all products, printed or electronic, for which the Company’s work appears.
Liability and Indemnity
The client shall indemnify the Company against any damage and against all actions, claim demands, costs, charges and expenses, for which the Company may become liable in respect of the goods sold or services supplied under the contract except to the extent admitted expressly in these conditions, and unless such damage shall have been a direct result of negligence of the Company and can be attributed to no other cause (whether in whole or part).
The Company shall not be liable for any economic loss, loss of production or other consequential loss of whatsoever kind in relation to any matter arising in connection with the contract.
Default, Insolvency of Client
If the client shall make default or commit a breach of contract or of any other of his obligations to the Company, or if any distress or execution shall be levied upon the client's property or assets, or if the client shall make or offer any arrangement or composition with creditors, or commit any act of bankruptcy, or if any petition or receiving order in bankruptcy shall be presented or made against him, or if the client is a limited company and any resolution or petition to wind up the clients business (other than for the purpose of bona fide amalgamation or bona fide reconstruction) shall be passed or presented, or if a receiver of the undertaking, property or assets or any part thereof of the client shall be appointed then the Company may without notice and without prejudice to any of its other rights:
- Suspend or determine the contract or any unfilled part thereto; and
- Stop any goods in transit; and
- Recover any goods from the clients premises for which payment has not been made in full.
Patents and Copyrights
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
The sale of goods and the publication of any information or technical data relating thereto does not imply freedom from patent or other rights in respect of any particular application of the goods by the client and the Company accepts no liability for infringement of such rights.
The client shall indemnify the Company and its suppliers against all royalties and other payments in respect of any patent, registered design or any other rights which might be claimed as a result of goods being made according to designs or specifications supplied by the client. The client shall indemnify and keep indemnified the Company and its suppliers against all claims, actions, demands, proceedings, losses and costs in connection with any infringement of any patent, copyright or registered design or other right in the manufacture, use, or sale of such goods.
The client is not authorised to copy, publicise or make available to any third party any written instructions, specifications or other information supplied by the Company hereunder and the same, shall remain its property and shall be treated by the client as strictly confidential even after termination of this contract. The foregoing shall not apply to information which is or which becomes in the public domain without default by the client.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The headings in these conditions are for ease of reference only and do not affect their construction or limit their scope.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory rights are unaffected.
This contract represents the entire agreement between the parties and supersedes all earlier warranties, representations, statements or agreements (whether written or oral).
This contract is personal to the client and the client may not assign, transfer or otherwise part with the benefit and/or burden hereof whether in whole or in part without the written consent of the Company.
The laws of England and Wales govern these terms and conditions. By accessing our websites, and using our services/buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of our sites, and using our services/buying our products, will signify your acceptance of any adjustment to these terms.
We have several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
Tilan Limited is registered in England and Wales, Number 09525148, Registered office Unit 4, 121 Southbridge Road, Croydon, Surrey, CR0 1AJ.