The following Terms and Conditions apply to Exclaimer the provision of template design services (“Template Design Services”) by Exclaimer Ltd (company number 04938619) whose registered office is located at 250 Fowler Avenue, Farnborough, Hampshire GU14 7JP, UK (hereinafter referred to as Exclaimer). When you place an order for Template Design Services, you are accepting these terms and conditions to the exclusion of all other terms and conditions. In particular, please NOTE the provisions of the Disclaimer and Liability paragraph below and cancel your order if you do not agree.
Order acceptance
When you place an order, it is not accepted by Exclaimer until such time as we send you an email or other confirmation that we will begin the Template Design Services for you. After receipt of your order, we will email you requesting information on the template design you would like, any mandatory information or wording that you require in the template, the business logos or branding that you need in the correct format, the format of the email sender’s name and title or other information and so on. Any confirmation of your order will only occur AFTER you have sent us such information. Until that time, you may cancel your order by creating a new ticket at templatedesign@exclaimer.com or calling/writing to us.
Design charges
The charge for the Template Design Services is quoted on our website and is exclusive of applicable VAT. The charge is payable upfront and in advance – we are not able to start any work until payment in full has been made.
Our warranty
We will use reasonable efforts, using our care and skill to design a template for your email signature in the form and with the look and feel that you reasonably request provided that (i) it complies with our guidelines and requirements (for example, as to the format of the signature) and (ii) you provide all necessary information and instructions promptly that we may need to create the template for you. We will supply you a maximum of two proofs for your approval meaning that you can ask us to edit and change the first proof and the second proof will be the final deliverable to you.
Custom fonts, links and additional services
If you require a custom font or you require the email signature to include links to third party websites it is your responsibility to ensure that you have a valid, legal license or permission to use that custom font or to include those links in your signature template. Charges for any additional services requested by you will be discussed with you and subject to your acceptance in writing.
Copyrights and trademarks
By supplying text, images and other data or information to Exclaimer for inclusion in the template, you are confirming that you have the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with you, or the rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Exclaimer on your behalf, will remain the property of Exclaimer and/or its suppliers unless otherwise agreed in writing. You are granted a perpetual, irrevocable license to use the copyright material for your email signature template throughout your business (including any affiliates, subsidiaries or parent company) for so long as you license the Exclaimer email signature solution (which is granted separately and subject to separate license fees).
By supplying images, text, or any other information or data to Exclaimer, you grant Exclaimer permission to use this material to create the template for you.
Data formats
Text is to be supplied to Exclaimer in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Exclaimer via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Exclaimer will not be held responsible for any image quality which you later deem to be unacceptable.
Exclaimer cannot be held responsible for the quality of any images which you wish to be scanned from printed materials.
Exclaimer will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. In the situation where any images and/or data that Exclaimer does include in all good faith, and subsequently discovers is in contravention to these Terms and Conditions, you are obliged to allow Exclaimer to remove the contravention without hindrance, or penalty. Exclaimer is to be held in no way responsible for any such data or material being included.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color correction and alteration of images.
Design project duration
Any indication given by Exclaimer template design team in writing of the anticipated date to deliver the template to you is to be considered to be an estimation although we will do our best to meet the timeline we give to you.
Design project completion
Exclaimer considers the Template Design Services complete upon delivery of the final template to you in accordance with your instructions and/or receipt of your signoff email, whichever is the earliest.
Exclaimer will consider that you have accepted the delivered template if no notification of changes or rejection is received in writing from you within 7 days after sending to you. If you do not accept, your sole recourse will be to have us re-perform the work to fix any particular issues you have with the design.
Disclaimer and our liability to you
Save as expressly provided for in these Terms and Conditions, all warranties or conditions of any kind including, but not limited to, the implied warranties or conditions of satisfactory quality and fitness for a particular purpose are excluded by Exclaimer.
Nothing in these Terms and Conditions shall limit or exclude Exclaimer’s liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be limited or excluded by applicable law.
Subject to the above paragraph, Exclaimer shall not be liable to you, whether in contract, tort (including without limitation negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions for loss of profits; loss of sales or business, business opportunity or goodwill; loss, corruption or recovery/restoration of data or information; loss of agreements or contracts; loss of anticipated savings; loss of or damage to goodwill; loss of use or corruption of software; or any indirect, special or consequential loss, whether foreseeable or not.
Subject to the two paragraphs above, our maximum liability to you per claim or series of connected claims under or in connection with the design service, whether in contract, tort (including without limitation negligence), for breach of statutory duty, or otherwise, arising under or in connection with the design service shall be limited to 125% of the fees paid by you for the design service. You specifically agree that given the nature of the service provided by Exclaimer, being a fixed price quick and easy template design service, the exclusions and limitations of liability above are fair and reasonable.
English Law and general
These Terms and Conditions are to be construed and governed by English Law and any disputes shall be subject to the exclusive jurisdiction of the courts in England. Any claim must be brought within 90 days after completion of the Template Design Services.
No one other than a party to these Terms and Conditions shall have any right to enforce any of these Terms and Conditions. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. Exclaimer shall be excused from providing the Template Design Services if it is prevented from so doing by any event outside its reasonable control for the duration of such intervening event.