Nigel Stevenson, media consultant - kent

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Terms and conditions

All costs subject to terms and sight of draft material. In placing an order to complete design/consultation work you accept the terms and conditions below.

[For owner/consultant read ‘designer’, for customer read 'client']

1. Price variation.
Estimates are based on the designers current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs and sight of draft design elements. The designer's studio rate for all design/consultation is at present £59 per hour. Any design/consultation work including any chargeable requirements will be invoiced at this rate unless otherwise stated. The designer's studio rate for web site programming is at present £59 per hour. Any work including any chargeable non-programming requirements will be invoiced at this rate unless otherwise stated. All proposals/estimates/quotations issued are valid for 60 days from date of issue.

2. Tax Except.
In the case of a client who is not contracting in the course of a business nor holding himself out as doing so, the designer reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.

3. Preliminary work.
All work carried out, whether experimentally or otherwise, at client's request shall be charged at the quoted hourly design rate (see 1, price variation).

4. Delivery and payment

a) Delivery of work shall be accepted when tendered and there upon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.

b) Unless otherwise specified the price quoted is for delivery of the work to the client's address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address.

c) Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.

d) Should work be suspended at the request of or delayed through any default of the client for a period of 30 days the designer shall be then entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.

Payment terms are strictly within 7 days from date of invoice or as stated on invoice. Any other payment terms must be pre-agreed and in writing.

The Late Payment of Commercial Debts (Interest) Act 1998
We understand and will exercise our statutory right to interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to the above agreed credit terms. Under the legislation interest will be charged at 8% over base rate on overdue business debts, which will include all reasonable debt recovery costs. All overdue business debt will also incur compensation costs under this legislation. The compensation entitlement varies in accordance with the size of the debt:

Size of unpaid debt Sum to be paid to the creditor
Up to £999.99 £40.00
£1,000.00 to £9,999.99 £70.00
£10,000.00 or more £100.00

5. Liability
The designer shall not be liable for any loss to the client arising from information supplied by the designer. It is the clients responsibility to ensure the usage is in keeping with English laws inc. copyright, criminal law, patents, trademarks and any other authority legislation affected by the content of the web site. The designer reserves the right to terminate at any time a contract to design, print, publish any material felt to be in contradiction of any of these laws (see section 13)

6. a Disclaimer: documents supplied

The material and information contained within any publication supplied are for general information purposes only. You should not rely upon the material or information within the publication as a basis for making any business, legal or any other decisions.

Whilst the designer endeavoured to create the information correctly, the designer makes no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or availability with respect to this publication or the information, products, services or related graphics contained within the publication for any purpose. Any reliance you place on such material is therefore strictly at your own risk.

The designer will not be liable for any false, inaccurate, inappropriate or incomplete information presented within this publication, save for death or personal injury arising from the authors negligence.

To the extent not prohibited by law, in no circumstances shall the designer be liable to you or any other third parties for any loss or damage (including, without limitation, damage for loss of business or loss of profits) arising directly or indirectly from your use of or inability to use, this publication or any of the material contained in it.

These disclaimers and exclusions shall be governed by and construed in accordance with English law.

7. client's property

a) except in the case of a client who is not contracting in the course of a business nor holding himself out as doing so, client's property and all property supplied to the designer by or on behalf of the client shall while it is in possession of the designer or in transit to or from the client be deemed to be at client's risk unless otherwise agreed and the client should insure accordingly.

b) The designer shall be entitled to make a reasonable charge for the storage of any client's property left with the designer before receipt of the order or after notification to the client of completion of the work. It is the clients responsibility to ensure that in the case of web names and hosting the renewal payments are made within the contract period. A charge may be payable for data transfer to the client or an appointed agent out side of the original cost of design, ie: for - archive retrieval, CD burn, and transfer of scripted elements to another company’s server

8. Materials supplied by the client

a) The designer may reject any paper, plates, media storage, photographs or other materials supplied or specified by the client which appears to him to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by the designer in ascertaining the unsuitability of the materials then that amount shall not be charged to the client.

b) Where materials are so supplied or specified, the designer will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.

c) Quantities of materials supplied shall be adequate to cover normal spoilage.

9. Insolvency. If the client ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, the designer without prejudice to other remedies shall...

a) have the right not to proceed further with the contract or any other work for the client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the client, such charge to be an immediate debt due to him, and

b) in respect of all unpaid debts due from the client have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.

10. Illegal matter

a) the designer shall not be required to publish any matter which is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.

b) The designer shall be indemnified by the client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, and design or of any other proprietary or personal rights contained in any material published for the client. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim. (see section 8). It is the responsibility of the client supplying images, text and any other elements forming the final design to ensure they are copyright approved and/or permissions have been granted for their usage if not owned/copy written by the client

11. Periodical publications A contract for the printing of a periodical publication or internet display periodical may not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced monthly or more frequently or 26 weeks notice in writing or given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Nevertheless the designer may terminate any such contract forthwith should any sum due there under remain unpaid.

12. Force majeure. The designer shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may by written notice to the designer elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

16. Law. These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.

13. Copyright©
All imagery, copy, text, programming supplied by the designer remains the intellectual property of the designer unless agreed in writing, therefore it is prohibited and unlawful to... copy, adapt, distribute, communicate to the public by electronic transmission (including by broadcasting and in an on demand service), rent or lend copies to the public or any other 3rd party within England and the UK without prior written permission of the designer. If material is discovered in use without permission the designer will inform the police or the relevant local trading standards department. Web development and website design: All costs submitted/charged for are based on designs, progamming, scripts, 3rd party images/scripts being used on the designers servers and can not be transferred, edited, re-sold without prior written agreement

13b. Software Licence Agreement
This is a legal agreement between you (client), the end user, and Oast House Media Limited. By using this software you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the source code to Oast House Media Limited.

14. Confidential information
This is an unpublished work, which is a trade secret. Oast House Media Limited owns all rights to this work and intends to maintain it in confidence to preserve its trade secret status. Oast House Media Limited reserves the right to protect this work as an unpublished copyrighted work in the event of an inadvertent or deliberate unauthorized publication. Oast House Media Limited also reserves its rights under the copyright laws to protect this work as a published work. Those having access to this work may not copy it, use it, or disclose the information contained in it without the written authorisation of Oast House Media Limited. Unauthorised use will result in prosecution.

a) Copyright. The software is owned by Oast House Media Limited. Therefore, you must treat the software like any other copyrighted material (e.g. a book or musical recording) except that you may either (a) make one copy of the software solely for the backup or archival purposes, or (b) transfer the software to a single hard disk provided you keep the original solely for backup or archival purposes.

b) Other Restrictions. You may not rent or lease the software. You may not use, copy, modify, reverse engineer, decompile, disassemble, or transfer the software or any copy in whole or part except as expressly provided in this license, or without the express written consent of Oast House Media Limited. All rights not expressly granted are reserved by Oast House Media Limited.

15. Limited Warranty
Oast House Media Limited warrants that the software will perform substantially in accordance with the accompanying written materials for a period of 30 days from the date of receipt. No other warrantees. Oast House Media Limited disclaims all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the software.

No liability for consequential damages. In no event shall the designer or its suppliers be liable for any damage whatsoever (including, without limitation, damages for the loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this the Oast House Media Limited product, even if the Oast House Media Limited has been advised of the possibility of such damages.

This agreement also applies to any Update, improvement, and enhancement to the software now and in the future, however provided.



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