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m-four's terms and conditions 1. About m-four m-four provides the operational delivery of communications for Manchester Council and its partners. m-four is based in the Chief Executive's Department and is income-generating. The group has annual income targets and any surplus it makes over and above its operating costs contributes to the Chief Executive's budget. m-four provides four main services: advertising, printing, translations/interpretations and creative services – graphic design, presentations, photography, copywriting and proofreading. 2. Objective of these terms and conditions These terms and conditions let customers know what they can reasonably expect and what is reasonably expected of them when they work with m-four. They also support m-four's customer promises. 3. Definition of terms The customer is somebody who is the main point of contact working with m-four for or on behalf of a Council department or for or on behalf of one of its partners. For the purposes of our translations service, the customer is the point of contact as above; the customer's end user is the client. Raw material is copy or text, photographs, logos, illustrations that are provided by the customer for reproduction by m-four in the appropriate format. 4. What m-four shall do when working with the customer (a) m-four seeks at all times to fulfil its customer promises. (b) m-four continually reviews these customer promises with the input of customers and staff. An online feedback form asks customers to say if m-four performs against its promises. Each promise has a positive feedback target. The results are publicly reported. (c) If m-four delivers work of a substandard quality and/or delivers work late, and one or both of these factors is/are critical to the success of the project or job, then the customer shall be entitled to compensation on the individual merits of the circumstances. 5. What the customer shall do when working with m-four The customer also has various responsibilities to ensure that work produced and provided by m-four is delivered to the highest possible standard. The customer should: (a) Send an order. If the customer is a Council officer, they always send m-four a SAP order when commissioning work. If the customer does not work for the Council, they should send us an official order from their organisation. Once a job has been ordered, if a customer then cancels their order, they are liable to pay m-four a £50 cancellation fee to cover administration and job set-up costs. (b) Communicate clearly and accurately. Let us know what you want, when and where. If these job details change, the customer should let us know as soon as they are in possession of the changes to the job details. If m-four delivers a service to the original specifications, and the customer does not inform m-four in writing that these details have changed (eg. the venue for an interpreter, the venue for a presentation, or a publication for advertisement placement), the customer shall be liable to the full charge for the service. If the customer is not responsible for job approval, they should let us know in writing who is. If this is not communicated clearly and there is a job error caused by this, the customer shall be liable. (c) Provide material/information in an acceptable and workable state. The customer should always check with m-four about file formats before supplying electronic files. If there is a problem with file compatibility, the resolution of photographs and/or logos or corrupt files, the customer should accept that they will be responsible if deadlines are rescheduled for delivery at a later date(s). (m-four should explain this at the earliest opportunity.) The formatting and intelligibility of text should also be of a workable quality, as should any written instructions that may accompany the text. The customer should conduct tasks such as spell and grammar checks on copy/text to be designed/printed, typeset in advertisements or translated. (d) Provide raw material that has been approved for reproduction. The customer is responsible for ensuring that all copy/text, photographs and logos that the customer provides for reproduction by m-four have the approval of the Council and its partners. This includes obtaining permissions from people who feature in photographs, having approval from bodies about using their logo and using it correctly, and the accuracy of copy/text. If information is reproduced by m-four in whatever format (eg. translated text, advertisement, design and printed job) and there is a negative issue arising from the content of the material provided, that negative issue will be seen as the responsibility of the customer. The customer is also responsible for any impact, or lack of impact, that the reproduction of their raw material may have, eg. a campaign conducted in the press may not have the desired take-up or reach a target figure. Note to Point 5. m-four has quality procedures and we shall do our utmost to ensure that we can help and advise our customers to meet their objectives. This includes technical support, copywriting, proofreading and advice about the suitability of media to reach target audiences. However, customers are ultimately responsible for the content of their information. 6. Exclusions and limitations of liability: force majeure For the purpose of these terms and conditions, force majeure means any event or occurrence that is outside the reasonable control of the Party concerned, and which is not attributable to any act or failure to take preventative action by the Party concerned, including (but not limited to) governmental regulations, fire, flood, or any disaster. It does not include any industrial action occurring among the contractor's staff or any staff of any subcontractor. Neither Party shall be liable to the other Party for any delay in or failure to perform its obligations under the Agreement (other than a payment of money) if such delay or failure results from a force majeure event. Notwithstanding the foregoing, each Party shall use all reasonable endeavours to continue to perform its obligations hereunder for the duration of such force majeure event. 7. Intellectual property rights and copyright m-four retains the copyright and intellectual property rights as the author of the work for all work created and produced by m-four and on behalf of our clients. These rights extend to designs, concepts, copywriting, text, images, photography, websites, printed materials and translation. Therefore m-four retains exclusive rights to: - reproduce the work in a material form;
- publish the work;
- perform the work in public;
- communicate the work to the public;
- make an adaptation of the work.
8. Raising concerns with m-four If the customer is concerned at the way a service is being delivered, they should let their m-four contact know at the earliest possibility. If the customer continues to be concerned, or has a concern once a service has been delivered, m-four has a feedback procedure that builds upon the corporate procedure. The customer can seek redress through the procedure if they feel that m-four has not complied with these terms and conditions, and there is an entitlement to compensation if it is proven that m-four has not fulfilled its obligations. 9. Changing these terms and conditions The world of communications and local government is constantly changing and developing. As a result of this, we reserve the right to make reasonable changes to the terms and conditions. If you are a recurring user of our service, we will bring these changes to your attention. The terms and conditions that were in place at the outset of a project or job will be those that apply. 10. m-four's details m-four's address is 345 Stockport Road, Longsight, Manchester M13 0LF. Telephone 0161 277 5971 Fax 0161 274 7165. email:
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Our offices are open from 9am to 5pm (UK local time) Monday to Friday, except for public holidays. 11. Agreeing to these terms and conditions You should read the terms and conditions carefully and make sure that they contain everything you want and nothing you are not prepared to agree to. By working with m-four, it is implied that you accept its terms and conditions. If you have any concerns or suggestions about the terms and conditions, please contact m-four at the address in section 9 above.
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