BRUNITO WEBSITE - TERMS AND CONDITIONS

0. INITIAL TERMS
0.1 These Terms & Conditions apply to the use of the website at www.brunito.com for Brunito Ltd. By accessing this website and/or placing an order, you, the Client agrees to be bound by these Terms & Conditions.
0.2. Using this website indicates that you, the Client accept these Terms regardless of the choice whether or not to register with Brunito Ltd or order from Brunito Ltd. If you, the Client does not accept these terms, the Client should not use www.brunito.com website.

1. DEFINITIONS.
As used herein and throughout this Agreement.
1.1 Agreement means the entire content of this Basic Terms and Conditions document, the Proposal document(s), together with any other Supplements designated below, schedules or attachments hereto.
1.2 Client Content means all materials, information, photography, writings and other creative content provided by The Client for use in the preparation of and/or incorporation in the Deliverables for the Graphic Design part of the Brunito Ltd.
1.3 Copyrights means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under U.K. Copyright Law.
1.4 Deliverables means the services and work product specified in the Proposal to be delivered by Brunito Ltd to The Client, in the form and media specified in the Proposal.
1.5 Designer Tools means all design tools developed and/or utilised by Brunito Ltd in performing the Services, including without limitation pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as Web site design, architecture, layout, navigational and functional elements.
1.6 The Client means the company or individual who has agreed to take out work with Brunito Ltd or any person using Brunito’s Ltd website.
1.7 Final Art means all creative content developed or created by Brunito Ltd, or commissioned by Brunito Ltd, exclusively for the Project and incorporated into and delivered as part of the Final Deliverables, including and by way of example, not limitation, any and all visual designs, visual elements, graphic design, illustration, photography, animation, sounds, typographic treatments and text, modifications to The Client Content, and Brunito’s Ltd selection, arrangement and coordination of such elements together with The Client Content and/or Third Party Materials.
1.8 Final Deliverables means the final versions of Deliverables provided by Brunito Ltd and accepted by The Client.
1.9 Preliminary Works means all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by Brunito Ltd and which may or may not be shown and or delivered to The Client for consideration but do not form part of the Final Art.
1.10 Project means the scope and purpose of the Client's identified usage of the work product as described in the Proposal.
1.11 Services means all services and the work product to be provided to The Client by Brunito Ltd as described and otherwise further defined in the Proposal.
1.12 Third Party Materials means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration.
1.13 Trademarks means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables to designate the origin or source of the goods or services of The Client.

2. INTRODUCTION
1.1 The Client will be able to access most areas of Brunito Ltd Website without registering his details with Brunito Ltd.
1.2 Brunito Ltd may revise these terms and conditions at any time by updating this posting. The Client should check Brunito Ltd Website from time to time to review the then current terms and conditions, because they are binding on him. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of Brunito Ltd Website. If the Client does not wish to accept any new terms and conditions after Brunito Ltd has given the notice, The Client should not continue to use Brunito Ltd Website.
1.3 The Client agrees to keep and retain the name of Brunito Ltd on any Project completed as a part of Graphic Design services. Violation of this rule terminates any agreement agreed between Brunito Ltd and the Client.

3. FEES AND CHARGES
3.1 Fees. In consideration of the Services to be performed by Brunito Ltd, The Client shall pay to Brunito Ltd fees in the amounts and according to the payment schedule set forth in the Proposal, and all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the payment schedule.
3.2 Additional Costs. The Project pricing includes Brunito Ltd fee only. Any and all outside costs including, but not limited to, equipment rental, photographer's costs and fees, photography and/or artwork licenses, prototype production costs, talent fees, music licenses, and online access or hosting fees, will be billed to The Client unless specifically otherwise provided for in the Proposal.
3.3 Invoices. All invoices are payable within 328 days of receipt. For new clients or those overseas Brunito Ltd reserves the right to invoice with a payable period of 15 days. In special circumstances a deposit will be required. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms. Interest is charged daily at 8% over the Bank of England base rate along with EU late payment charges. Payments will be credited first to late payment charges and next to the unpaid balance. The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. Brunito Ltd reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full, or unless specifically agreed with the Client. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding Additional Costs, Taxes, Expenses, and Fees, Charges or the costs of Changes.
3.4 Project End. All deliverables shall be deemed complete once The Client has signed off the work or indicated satisfaction either verbally, in writing, via e-mail, post or other methods. If The Client fails to communicate with Brunito Ltd for a period of more than 30 days without explanation, the project shall be deemed satisfactory and complete.
3.5 Brunito Ltd prices do not include VAT.
3.6 Brunito Ltd charges separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure provided to the Client in the Project.
3.3 Brunito Ltd prices are reviewed periodically and the next review will be on 1st January 2010.

4. CANCELLATION AND REFUND POLICY
4.1 Cancellation of any Projects completed for the Client by Brunito Ltd should be confirmed in writing 5 working days before the project completion date. These projects include any art work, graphic design work, dance workshops and shows.
4.2 The initial deposit fee for the Project is charged at 50% and is non refundable, regardless the cancellation of the Project.
4.3 Any refund required for the work completed for Client by Brunito Ltd has to be submitted in writing in a period no longer than 28 days from the moment of the Project completion date. The refund will only be considered if the Client can provide the proof of purchase of the services provided by Brunito Ltd within stated above period of time, with all the required supporting documents.
4.4 Miscommunication between the Client and Brunito Ltd, which resulted to the fault of the Client and affected the Project completion differently than otherwise stated, will not be refunded.
4.5 The provisions of the clause 4.2 and 4.3 do not affect your statutory rights.
4.6 Projects that have passed 30 days without contact or further instruction from The Client are deemed to be final

5. LICENCE
5.1 The Client are permitted to print and download extracts from this Brunito Ltd Wedbiste for his own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Brunito Ltd Website (including without limitation photographs and graphical images) are owned by Brunito Ltd or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If the Client breaches any of the terms in these terms and conditions, Client’s permission to use this Website automatically terminates and the Client must immediately destroy any downloaded or printed extracts from Brunito Ltd Website.
5.3 Subject to clause 5.1, no part of Brunito Ltd Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.

6. SERVICE ACCESS
6.1 Brunito Ltd endeavors to ensure that Brunito Ltd Website is normally available 24 hours a day, Brunito Ltd will not be liable if for any reason Brunito Ltd Website is unavailable at any time or for any period.
6.2 Access to Brunito Ltd Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Brunito Ltd control.

7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is covered under the Privacy Policy [INSERT HYPERLINK], any material the Client transmits or posts to Brunito Ltd Website will be considered non-confidential and non-proprietary. Brunito Ltd will have no obligations with respect to such material. Brunito Ltd and its nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
7.2 The Client is prohibited from posting or transmitting to or from Brunito Ltd Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which the Client has not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 The Client may not misuse the Website (including, without limitation, by hacking).
7.4 Brunito Ltd will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.

8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on Brunito Ltd Website are provided solely for the Client’s convenience. If the Client uses these links, he leaves Brunito Ltd Website. Brunito Ltd has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Brunito Ltd therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If the Client decides to access any of the third party websites linked to Brunito Ltd Website, the Client does so entirely at his own risk.
8.2 The Client may create a links to Brunito Ltd Website or any of its sub-websites only with the written permission from Brunito Ltd.
8.3 The Client shall fully indemnify Brunito Ltd for any loss or damage Brunito Ltd or any of Brunito Ltd sub-group companies may suffer or incur as a result of the Client’s breach of clause 8.2.

9. REGISTRATION
9.1 To register with www.brunito.com the Client must be over eighteen years of age.
9.2 Each registration is for a single user only.
9.3 Brunito Ltd may suspend or cancel the Client’s registration immediately at our reasonable discretion or if the Client breach any of his obligations under these terms and conditions.

10. DISCLAIMER
10.1 While Brunito Ltd endeavors to ensure that the information on Brunito Ltd Website is correct, Brunito Ltd does not warrant the accuracy and completeness of the material on its Website. Brunito Ltd may make changes to the material on its Website, or to the products and prices described in it, at any time without notice. The material on Brunito Ltd Website may be out of date, and Brunito Ltd makes no commitment to update such material.
10.2 The material on Brunito Ltd Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide the Client with Brunito Ltd Website on the basis that Brunito Ltd excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to Brunito Ltd Website.

11. LIABILITY
11.1 Brunito Ltd, any other party (whether or not involved in creating, producing, maintaining or delivering Brunito Ltd Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with Brunito Ltd Website in any way or in connection with the use, inability to use or the results of use of Brunito Ltd Website, any websites linked to Brunito Ltd Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing Brunito Ltd Website or your downloading of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 The Client agrees to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of Brunito Ltd Website, or the use by any other person using your registration details.

12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
12.2 Brunito Ltd does not warrant that materials/items for sale on the Brunito Ltd Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

13. MISCELLANEOUS
13.1 The Client may not assign, sub-license or otherwise transfer any of his rights under these terms and conditions
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.