Terms and Conditions

Standard Terms and Conditions

10th Planet Post Production Limited is registered in England and Wales
Company number 03957510
Principal Place of Business: 24-28 Rushworth Street, London, SE1 0RB

  1. Definitions and Interpretation
    1. Headings in these terms are for ease of use and do not form part of the terms nor effect their interpretation.
    2. In these terms reference to the masculine, feminine and all neuter genders includes all other genders and reference to the singular include the plural and vice versa.
    3. These terms are to be interpreted in accordance with English Law.
    4. In these terms the follow expressions have the following meanings:-
      1. “10th Planet” means 10th Planet Post Production Limited, a company incorporated under the laws of England and Wales (Company Number 03957510) with principal place of business at 24-28 Rushworth Street, London, SE1 0RB.
      2. “you” and “your” means the client of 10th Planet described fully in the Schedule to this agreement.
  • 10th Planet’s responsibilities
    1. 10th Planet will provide the services as more fully described in the supplied quote (including support as described) (the “Services”) using reasonable care and skill at all times.
  • The Client’s responsibilities
    1. The client will assume all responsibility for any errors once masters have been approved for duplication or replication except in cases where the duplication or replication process is proved to be at fault.
    2. The client warrants that it has absolute title or right of reproduction to all of the content contained in any master supplied, that it contains no obscene, libellous or otherwise unlawful content.
    3. The client indemnifies 10th Planet Post Production Ltd against any damages, losses, charges or liabilities which 10th Planet Post Production Ltd may suffer by reason of breach of this warranty.
    4. The client will assume all responsibility  and costs for any errors once artwork proofs have been approved for printing except in cases where the manufacturing process is proved to be at fault.
    5. Please note that we may start any part of the manufacturing process, including but not limited to printing once approval for that element of the process is given.
  • Pricing and payment terms
    1. 10th Planet will provide the Services at the prevailing rates from time to time or such fee as agreed in the Project Specifications.
    2. 10th Planet may vary its prevailing rate at any time by prior written notice to you.
    3. All rates and prices quoted are exclusive of any VAT which is payable in addition.
    4. Services undertaken by 10th Planet maybe invoiced at any time after they have been incurred.
    5. Payment for services rendered by 10th Planet is due [thirty days] from the date of invoice.
    6. 10th Planet reserves the right to require payment on account for services and any failure to exercise such right will not prevent 10th Planet exercising it in future.
    7. 10th Planet reserves the right to suspend its services at any time should any monies due to 10th Planet remain unpaid and 10th Planet will not accept responsibility for any loss arising from delay caused by such suspension.
    8. If payment is not made by the due date, 10th Planet reserves the right to charge interest from the date of invoice until the date of actual payment at the rate of 8% above the base rate for the time being of NatWest Bank plus an administration fee of £100.
    9. All monies due to 10th Planet must be paid in pounds sterling.
    10. You have no right of setoff, deduction or counterclaim in respect of any monies owing to 10th Planet.
  • Time for performance
    1. Unless expressly agreed to the contrary, time is not of the essence in relation to any contract that is subject to these terms. Where time is made of the essence and the responsibilities of 10th Planet involve dependence upon you taking certain actions, if you do not take those actions within a reasonable time in the circumstances, the period of delay will be added to any period for performance by 10th Planet.
  • Confidentiality
    1. By the very nature of service provided to you by 10th Planet, 10th Planet will frequently come across confidential information relating to your business and it’s suppliers, clients or customers. 10th Planet therefore agrees to keep all information that may come to it’s attention in relation to your business and it’s suppliers, customers and clients strictly confidential at all times during and after the provision of any services to you for a period of up to five years or such periods as you may be bound to maintain information confidential.
    2. Clause Confidentiality 1′ will not apply to any information that is in the public domain otherwise than through breach of this clause by 10th Planet.
    3. Where 10th Planet assigns or delegates any responsibilities to you to a third party, 10th Planet will ensure that third party agrees to observe these terms and in particular the provisions of clause ‘Confidentiality 1′.
    4. 10th Planet uses certain proprietary documents during the course of its relationship with its clients. Such documents will be notified to you as they are used and will be given the same confidential treatment as we give your confidential information.
  • Termination
    1. You may terminate any contract for the services of 10th Planet governed by these terms at any time upon thirty days prior written notice.
    2. In the event of early termination any discounts offered from our usual rates for the Services will become payable in full for the Services provided to the date of termination.
  • Exemptions and exclusions
    1. Where you buy goods and services other than through 10th Planet but on recommendation by 10th Planet, 10th Planet may render assistance to you in the event of a dispute relating to such goods and services but your rights are governed strictly by the terms of that third party.
    2. Any statutory implied warranties are excluded to the full extent permitted by law.
    3. Neither you nor 10th Planet are responsible for any losses arising through a cause which is beyond the reasonable control of the relevant party. Both you and 10th Planet agree that you will use all reasonable efforts to remedy any such matter and to resume for performance of these terms at the earliest reasonable opportunity.
    4. 10th Planet always tries to accommodate a client’s urgent needs but cannot guarantee availability at any particular time or with any particular period.
    5. 10th Planet will not accept responsibility for any misrepresentation made by it unless it is confirmed in writing (save for fraudulent misrepresentations) to the maximum extent permitted by law. 10th Planet will not accept responsibility for any indirect or consequential losses (other than direct losses) arising from either breach of these terms or from any other legal duty to you. In particular but not by way of limitation on this exclusion, 10th Planet will not accept any responsibility for losses arising from your failure to maintain a full backup of any materials supplied to it.
    6. All liability of 10th Planet under these terms is limited to a maximum of the value of the services provided irrespective of any conditions in the Client’s terms.
    7. Any claim made under these terms must be made within one month of the date of invoice for the relevant services giving rights to the claim.
  • General provisions
    1. These terms may only be varied in writing by 10th Planet and any other purported variation would not be effective.
    2. If you constitute more than one “legal person”, each of you are jointly and severally liable to 10th Planet under these terms.
    3. In relation to the unpaid invoices of 10th Planet, all such disputes are subject to the exclusive jurisdiction of English Courts of Law.
    4. In relation to other disputes under these terms, if 10th Planet and you cannot resolve any dispute between themselves within a reasonable time (not to exceed 30 days from the date of notice of the dispute), then we must seek to resolve the dispute through mediation or some other, mutually agreed, form of alternative dispute resolution. Unless mutually agreed otherwise, we will apply to the “ADR Group” (or its successor) for the appointment of a mediator in accordance with the ADR Group’s then current procedures and practices. The mediator so appointed will be free to apply whatever process he deems appropriate in the circumstances and we shall comply with such mediator’s reasonable requests in connection with the mediation. We shall share the costs of the mediation unless and until the mediator determines that one party should pay all of such costs, or a disproportionate share thereof. If such mediation fails to resolve the dispute within a reasonable time, not to exceed sixty (60) days from the end of the above-mentioned thirty (30) days, either of us may refer the matter to the Courts of England and shall be free to pursue the matter accordingly.
    5. Any indulgences granted to you by 10th Planet at any time will not operate as a waiver of its rights under these terms either in respect of a particular breach or in respect of any future breaches of the same or a similar nature.
    6. Notices under this Agreement shall be served at the addresses from time-to-time set out in the Project Specifications or as otherwise advised by one Party to the other. Notices shall be deemed served as follows:
      1. Faxes and e-mail – the day of sending (with receipt confirmed at sender’s end) unless sent after 4.00pm in which case, the next following working day;
      2. Letters– the second working day next following the date of posting, assuming use of a 1st class stamp.
    7. Any contract between you and 10th Planet is only intended to benefit you unless 10th Planet expressly acknowledges the rights of a particular third party in writing.