FMG is committed to your privacy. It is the policy of FMG, the owner of this site, to act in accordance with current legislation and to meet the current best practice on the Internet. Our aim is to be relevant, responsible and secure in all our data management, use and storage methods.
By using the website FMG is able to and may track certain information about you in order to perform internal research on its Users' demographics, interests, and behavior. This information may include the URL from which you arrived, the next URL you may visit, what browser you are using, and your IP address.Cookies at FMG:
FMG may use the collected data about you for internal purposes only, to improve its Site and to better tailor the Site to meet your needs.Disclosure of collected data:
FMG will not disclose, sell or transfer any of the collected data, to any third parties (e.g., advertisers or business partners), except in the following cases:
(i) FMG receives your permission;
(ii) if FMG believes in good faith that the law requires such disclosure or transfer; or
(iii) if required by third party contractors and service providers who work with FMG, to provide the website's service.
Notwithstanding the aforesaid, FMG may also disclose collected data, in special cases when it has reason to believe that disclosing such information is necessary to identify, contact or bring legal action against someone who may be violating FMG's License Agreement or may be causing injury to or interference with (either intentionally or unintentionally), FMG's rights or property, other Users, or anyone else that could be harmed by such activities. You thus authorise FMG to disclose any collected data about you to law enforcement or other government officials if, in its sole and absolute discretion, believes that such disclosure is necessary or appropriate. Although, FMG uses industry standard practices to protect your privacy, FMG does not ensure, and you should not expect, that your collected data or any private communications will always remain private. Since FMG's Site may contain links to other sites, FMG is not responsible for the privacy practices or the content of such linked sites.Google
If you have found an FMG a website through an advertisement or a search on Google, or any of Google's other affiliated websites, Google will attempt to place a cookie on your machine. This cookie enables us to track the effectiveness of our marketing campaigns. The cookie will exist on your machine for 30 days and then it will automatically be removed.
This cookie will not track any other search activity, browsing history and Google will not have visibility of your personal details.
For enquiries concerning your permission and privacy rights, please email: firstname.lastname@example.org.Emails from our staff
The information contained in this communication is intended solely for the use of the individual or entity to whom it is addressed and others authorised to receive it. It may contain confidential or legally privileged information. If you are not the intended recipient you are hereby notified that any disclosure, copying, distribution or taking any action in reliance on the contents of this information is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by responding to this email and then delete it from your system. We are neither liable for the proper and complete transmission of the information contained in this communication nor for any delay in its receipt.Liability
In view of the provisions of the Data Protection Act 1998 and the Human Rights Act 1998 we do not monitor all outgoing e-mails. We accept no liability for the contents of e-mails unconnected with our affairs or our clients.
FMG is a trading name of of BigKid London Limited, Fresh Vision Limited and Litho Colour Systems Limited.FMG TERMS AND CONDITIONS
1.1. These are the terms and conditions on which FMG Digital Ltd, FMG Print Ltd, FMG Video Ltd and FMG Photography Ltd will provide services. The company providing the services is referred to as "FMG", which is a trading name of the FMG group of companies. The entity receiving the services is referred to as “the Customer”. Other definitions used in these terms and conditions can be found at clause 17.
1.2. These terms and conditions shall apply to every contract made by FMG for the provision of services of any description by FMG, whether or not they are expressly stated in the contract to apply to it or to be incorporated in it.
1.3. These terms and conditions may not be varied, excluded or overridden except by written agreement signed by an authorised signatory of FMG.
1.4. Notwithstanding anything to the contrary in any terms and conditions or other communications, no terms and conditions shall apply to the Contract except:
1.4.1. these terms and conditions; and
1.4.2. such other provisions as may be signed by an authorised signatory of FMG.
2. Supply of Services and Co-operation
2.1. FMG shall perform the Services with reasonable skill and care, subject to the Customer’s compliance with the Contract.
2.2. The parties shall co-operate with each other in all matters relating to the Services.
2.3. The Customer shall nominate and notify FMG of a primary and secondary technical contact at the Customer to liaise with FMG within 14 days of the Contract being formed.
3. Customer Materials
3.1. The Customer shall at its own expense provide FMG with all Customer Materials reasonably requested by FMG for the purpose of providing the Services in a timely manner, and in sufficient quality to meet FMG's requirements (plus an allowance for reasonable spoilage), and grant FMG a sufficient licence to use all Customer Materials for that purpose.
3.2. The Customer shall supply or provide access to FMG to all Customer Materials in accordance with FMG's recommended specifications and formats and ensure any such information provided is accurate in all material respects.
3.3. FMG may reject any Customer Materials which FMG reasonably considers to be unsuitable. FMG may charge for any additional time and costs incurred if materials supplied by the Customer are found to be unsuitable or unfit for their purpose.
4.1. The Customer shall, whenever reasonably requested to do so, review Approval Items and respond promptly to FMG.
4.2. The Customer's response shall be clear and unequivocal as to whether or not it approves any Approval Item and, where approval is declined, shall indicate what alterations are required. The Customer's response shall be in writing or other permanent form. Where, in the course of the Services, FMG provides printing services, the Customer’s response (including any corrections by the Customer) shall be made on Approval Items and marked either 'OK' or 'Not OK', and signed on behalf of the Customer.
4.3. Notwithstanding clause 4.2, FMG shall always be entitled to rely on oral or other modes of communicating a response.
4.4. FMG shall be entitled to regard any person purporting to respond to it on the Customer’s behalf as being duly authorised.
4.5. The Customer shall pay for all Approval Items. Only the price for the first Approval Items shall be included in any estimate or quotation unless otherwise expressly agreed.
5.1. Any alterations requested by the Customer shall be subject to an additional charge. Where composition, layout, style and typeface are left to the judgement of FMG or any appropriate third party, the Customer shall pay an additional charge for any alterations made by the Customer.
5.2. Whenever the Customer requests an alteration, it shall give FMG the opportunity to have the altered Approval Items approved by the Customer. FMG shall have no responsibility for alterations requested by telephone by the Customer or in any other situation where the Customer insists on FMG proceeding without such specific approval.
6.1. If any correction is required (either due to a mistake by FMG or otherwise), the Customer shall return Approval Items to FMG for FMG to make the necessary corrections.
6.2. If the Customer undertakes corrections itself, it shall do so at its own risk and cost.
7. Preliminary Work
Unless otherwise agreed, the Customer shall pay for all work produced by FMG, whether experimentally or otherwise, at the Customer’s request.
8. Third Party Services
Where, in the course of the Services, FMG instructs a third party at the request or with the approval of the Customer to provide goods or services directly or indirectly for the Customer's benefit, it does so as agent for the Customer. FMG shall not be responsible for the goods or services provided by that third party, including without limitation the delivery, timing of delivery, quality or accuracy of the same.
9. Price and Payment
9.1. The Price and any charges for any preliminary work under clause 7 shall be calculated and paid by the Customer in accordance with FMG’s standard rates, as amended from time to time by FMG.
9.2. The Customer shall pay 50% (fifty per cent) of the Price in advance, if required by FMG. FMG shall also be entitled to advance payment on account of Disbursements on request. The Customer shall make other payments required under the Contract in accordance with invoices from FMG, which may be rendered on a monthly or other periodic basis and may be rendered in advance or arrears, at FMG's discretion.
9.3. All estimates and other price or cost indications are given on the basis of FMG’s charges and Disbursements as at the date of the Contract and are subject to change. Estimates and cost indications, wherever given, are FMG’s best good faith estimates, and are not a guarantee to provide the Services for the estimate unless otherwise expressly stated.
9.4. Even if FMG agrees to a fixed price, it shall be entitled to charge additional sums in the circumstances described in clause 3 to 7 above (inclusive), if there is delay or any change in instructions on the part of the Customer, or if third party Disbursements are higher than anticipated.
9.5. The Price is stated exclusive of Disbursements and any applicable value added or sales tax, which shall be paid by the Customer in addition.
9.6. The Price and all Disbursements shall be paid in GB pounds sterling.
9.7. The Customer shall pay all amounts invoiced to it within 30 days of the date of issue of the invoice.
9.8. The Customer shall keep all pricing details confidential.
9.9. If FMG agrees to vary the Services or to provide additional services, the Customer shall pay for the varied or additional work at FMG's standard rates at the time of provision of the services in question, unless otherwise agreed at the time.
10. Rights and Deliverables
10.1. FMG reserves all rights, title and interest in the Background. No licence is given in relation to it except as may be necessary for the Customer to obtain the intended benefit of the Services and such licence is contingent on payment in full.
10.2. The Customer Materials shall remain the property of the Customer.
10.3. FMG shall have exclusive possession of Deliverables for so long as it requires them in order to provide Services and so long thereafter as any amount remains unpaid under the Contract.
10.4. Property in Deliverables as physical items shall be transferred to the Customer upon delivery, provided that all amounts have been paid under the Contract.
10.5. FMG shall license the Customer to exploit the Deliverables, to the extent and for the purpose and scope of use contemplated by the Contract, upon their delivery, provided that all amounts have been paid under the Contract.
10.6. The Customer shall:
10.6.1. bear sole responsibility for all content broadcast, published (either in hard copy form or online) or distributed in any form whatsoever using the Background in relation to the Services;
10.6.2. notify FMG in writing at least 30 days prior to any proposed change to production/publishing schedules;
10.6.3. obtain all necessary and appropriate permissions from any contributors or other third parties to broadcast or publish the content; and
10.6.4. ensure that nothing in the Customer’s Materials infringes the copyright or any other IPR of any third party.
11.1. Any date provided by FMG for the supply of Services or the delivery of the Deliverables is merely FMG’s best good faith estimate of the supply or delivery date.
11.2. Time shall not be of the essence for the provision of the Services or delivery of the Deliverables.
11.3. Should expedited delivery be agreed and necessitate overtime or other additional cost, FMG may make an extra charge.
11.4. Delivery of work shall be accepted when tendered to the Customer or on notification that the work has been completed. FMG may make delivery contingent on prior payment.
12.1. Each party shall have the right to terminate the Contract if the other:
12.1.1. goes into liquidation, becomes insolvent or has an administrator, receiver, administrative receiver or similar officer appointed in respect of all or part of its undertaking (or is the subject of a filing with any court for the appointment of any such officer); or
12.1.2. commits a material breach of the Contract which is not remedied within 30 days of receipt of a notice from the other party specifying the breach and putting the defaulting party on notice of the non-defaulting party's intention to terminate the Contract if such breach is not remedied.
12.2. FMG shall have the right to suspend its performance under the Contract if the Customer fails to make any payment in accordance with clause 9, and shall have a lien on all Customer Materials until such time as all payments are discharged in full. FMG shall be entitled on the expiration of 14 days' notice to dispose of such Customer Materials and of Deliverables as it sees fit and to apply any proceeds towards such debts.
13.1. This clause 13 sets out FMG’s entire aggregate financial liability for loss and damage suffered by the Customer resulting from any breach of the Contract or other legal wrong (including contractual and tortious liability for negligence) by FMG connected in any way with the Services or the Deliverables.
13.2. The total amount payable by FMG in respect of loss or damage suffered by the Customer arising as a result of any breach of the Contract or other legal wrong (including, without limitation, negligence) by FMG in connection with Print Services in any period of 12 months commencing on the date of Contract or any anniversary of it shall be the aggregate of the total amount paid plus unpaid sums agreed to be paid to FMG by the Customer in respect of Print Services provided or to be provided during that 12 month period. The total amount payable by FMG in respect of loss or damage suffered by the Customer arising as a result of any breach of the Contract or other legal wrong (including, without limitation, negligence) by FMG in connection with any services other than Print Services in any period of 12 months commencing on the date of Contract or any anniversary of it shall be the aggregate of the total amount paid plus unpaid sums agreed to be paid to FMG by the Customer in respect of those Services provided or to be provided during that 12 month period.
13.3. FMG shall in any event have no liability for indirect or consequential loss or damage, loss of income or revenue, loss of business, loss of profits or contracts, depletion of reputation or goodwill, or waste of management or office time however arising, and even if FMG could have foreseen the loss or the possibility of it was brought to FMG’s attention.
13.4. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract, except where repeated as express term in the Contract.
13.5. This does not limit FMG’s liability for death or personal injury resulting from negligence, for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by FMG or for any liability incurred by the Customer as a result of any breach by FMG of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.
13.6. The Customer shall indemnify FMG without limitation against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by FMG as a result of or in connection with any claim for libel, trade libel or similar wrong, infringement of any copyright, trade mark right or other IPRs or breach of any relevant press, public relations, marketing, sales promotion, market research, advertising or other applicable code or law anywhere in the world arising from or relating to any Customer Materials or its content or any other material which the Customer requests FMG to use or commission for the purposes of the Contract.
FMG may at the request of the Customer agree to retain an offline electronic archive of Customer Materials to which the Customer may be given access, for which FMG shall be entitled to charge a fee in accordance with its standard rates from time to time or as may otherwise be agreed. If FMG agrees to do so, this shall be regarded as part of the Services and the Contract, and (without limitation) clause 13 above shall apply. FMG's obligation to maintain any such archive under any such agreement shall never exceed twelve (12) months from the date of the agreement unless a different period is expressly stated in the agreement. At the end of that period FMG may destroy the archive unless the Customer arranges promptly to collect it and pays both parties' costs in effecting this. The Customer agrees that it will at all times retain its own master copy of any materials archived by FMG to ensure that it can readily replace any material held on FMG’s archive.
Where FMG provides Print Services, the Customer acknowledges that:
15.1. FMG is not responsible for the resulting printed material;
15.2. there is a degree of tolerance regarding the quality of colour and quantity of printed material produced. This degree of tolerance is typically 5 per cent for work in one colour only and 10 per cent for other work, being allowed for overs or shortage, the same to be charged or deducted; and
15.3. any layouts and dummies submitted by a Printer remain the Printer's property. The Customer shall not use them or take ideas from them, except by way of a separate agreement with the Printer.
16.1. Performance. FMG may perform any of its obligations or exercise any of its rights under the Contract itself or through any other person.
16.2. Confidentiality. The Customer shall keep confidential, and use only for the purposes of exercising its rights and fulfilling its responsibilities under the Contract, all information concerning the Background provided to it by FMG. This shall not include information that is in or enters the public domain, unless it enters the public domain through the act or default of the Customer.
16.3. Notices. Any notice required or permitted to be given by either party to the other under the contract shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
16.4. No Partnership. Nothing in the Contract shall constitute or create or be deemed to constitute or create a partnership or employer/employee relationship between the Customer and FMG.
16.5. Severance. In the event that any provision (including any distinct sub-condition) of the Contract is held to be illegal, invalid, void or unenforceable, it shall be severed from the remaining provisions of the Contract which shall continue in full force and effect.
16.6. Waiver. Failure or neglect by either party to enforce any provision of the Contract shall not be construed as or deemed to be a waiver of that party's rights under the Contract and shall not prejudice that party's rights to take subsequent action.
16.7. Entire agreement. The Contract contains the entire agreement between the parties in relation to the purchase by the Customer of the Services. It supersedes any prior agreements, representations, arrangements or undertakings in relation to such subject matter, provided that nothing in this clause 16.7 shall exclude or limit liability for fraudulent misrepresentation.
16.8. Force Majeure. Performance of the Contract is subject to such variation as FMG may find necessary as a result of inability to secure labour, materials or supplies or as a result of any act of God, war, strike, lockout or other labour dispute, fire flood, drought, legislation or other cause (whether of the foregoing classes or not) beyond FMG’s reasonable control.
16.9. Third Parties. The Contract is made for the benefit of FMG and the Customer and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.
16.10 Assignment. Except as follows, neither party may assign the benefit of this Contract. FMG may assign the benefit of the Contract as part of a sale of its business or a substantial part of it. In these circumstances the Customer shall, at the request and cost of FMG, enter into a novation agreement concerning the Contract with FMG and the assignee.
16.11 Law. The Contract shall be governed by and interpreted in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.
16.12 Headings. The headings of these terms and conditions are used for convenience only and shall not affect interpretation.
The following definitions shall apply to these terms and conditions:
"Approval Items" means drafts, proofs, and other items to which FMG seeks the Customer's approval on an interim or final basis;
"Background" means all IPR, materials, software (including source code), hardware or associated infrastructure that FMG owns or uses under licence in providing the Services and/or creating the Deliverables;
"Contract" means the contract to which these terms and conditions apply; "Customer Materials" means all documents, materials, data and information within the control of the Customer and relevant to FMG’s provision of the Services;
"Deliverables" means all documents, reports, other materials (including, without limitation, all audio, visual or physical materials and software), data or information created exclusively for the Customer by FMG under the Contract and required to be delivered to the Customer;
"Disbursements" means costs reasonably incurred by FMG, or persons employed or engaged by FMG in connection with the Services for accommodation, food, travel and any other ancillary expense, and the cost of any materials and the cost of services reasonably and properly procured by FMG from third parties in the provision of the Services;
"IPR" means any and all trade marks, service marks, domain names, copyright, moral rights, rights in design, know-how, confidential information and, without limitation, all or any other intellectual property rights whether or not capable of registration, whether registered or unregistered and including all applications (and rights to apply) for such rights and all similar or equivalent rights or forms of protection whether subsisting in the United Kingdom or any other part of the world together with all or any goodwill relating thereto;
"Price" means the price of the Services and the Deliverables provided under the Contract, excluding Disbursements;
"Printer" means a printer or similar contractor instructed by FMG to provide services to the Customer;
"Print Services" means where, in the course of the Services, FMG provides printing services and instructs a Printer in connection with the Services; and "Services" means services to be provided by FMG under the Contract.