Poru Design’s Terms and Conditions

Last Updated: 27/12/2023

 The following Terms and Conditions apply to all goods and services provided by Poru® Design (also trading as Tribooth - www.tribooth.co.uk)

 In these terms and conditions, the following words shall have these meanings:

“The Company” - Poru Design and/or Tribooth

“The Buyer” - means the organisation or person who buys Goods from the Seller

“The Client” - means the organisation or person who buys Services from the Seller

“Services” - Artwork, Graphic Design, Print, Product Design, Consultancy, Drafting, Engineering (non-exhaustive list)

“Goods” - means the articles to be supplied to the Buyer by the company

“The Customer” - Refers to Buyers and Clients collectively

All design work is carried out by the company on the understanding that the client has agreed to abide by the company’s terms and conditions.

Copyright of all services is retained by the company including concepts, ideas, proofs, drawings illustrations and any other files (unless specifically released in writing) until after all invoices have been settled.

If multiple design concepts are submitted, only one concept is deemed to be given by the company as fulfilling the contract. All other designs remain the property of the company, unless agreed in writing.

Fixed fees for design services to be provided by the company will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due on projects (services and goods) worth over £500.00. Work on the project will not commence until the company has received this amount.

Charges for any additional services over and above the estimated design, will be made known to the client. They will become fully payable at the time of project acceptance.

On-going projects will be charged at an agreed hourly rate and invoices issued at intervals decided by the company.

Unpaid Invoices which remain outstanding for 30 days after the date of issue, may incur an extra charge of 8% plus the Bank of England base rate per month of the outstanding amount.

Payments may be made by Bacs (online bank transfer) as per detailed on your invoice.

An account shall be considered default if it remains unpaid for 30 days from the date of invoice.  Customers whose accounts become default agree to pay the company reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

By supplying text, images and other data to the company for inclusion in the customer’s goods, services, artwork etc, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by the company on behalf of the customer, will remain the property of the company, in which full copyright will be passed to the client upon receipt of full payment.

By supplying images, text, or any other data to the company, the customer grants the company permission to use this material freely in the pursuit of the design and to utilise the designs in the company’s portfolio.  The customer also agrees to allow the company to place all designs on the company’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.

Should the company, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow the company to remove and/or replace the file.

The customer agrees to fully indemnify and hold the company free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that the company holds no responsibility for any amendments made by any third party, before or after a design is published.

Any indication given by the company of a design project’s duration is to be considered by the customer to be an estimation. The company cannot be held responsible for any project over-runs, whatever the cause.

The company makes no warranties of any kind, express or implied, for any and all products, goods and/or services that it supplies. The company will not be held responsible for any and all damages resulting from products and/or services it supplies. The company is not responsible for any loss, or consequential loss of data, or non-delivery of products, goods or services, of whatever cause. The customer agrees not to hold the company responsible for any such loss or damage. Any claim against the company shall be limited to the relevant fee(s) paid by the customer.

All goods supplied are of a custom/bespoke and built to order nature, and therefore returns are not accepted and a cooling-off period does not apply. The company may accept returns in exceptional circumstances but a restocking fee of up to 50% and a transaction fee of 5% will be deducted from the refund. Postage is non-refundable. Import duties if purchasing from abroad vary and are not covered in the shipping cost. Return postage must be arranged and paid for by the customer and goods received by the company in an as sold condition before refund is finalised.

The company reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. The company will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. The company reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

The placement of an order for design and/or any other services or goods offered by the company and validated by the customer’s verbal or written acceptance to the estimate/quotation or placing an order via the online shop (Tribooth), constitutes acceptance of the estimate, quotation or purchase and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the customer and the company.