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CONFIRMATION/ACCEPTANCE
The commission and brief of work shall be confirmed and
agreed in writing with the client before proceeding with
the project. Quotations are valid for 30 days from issue
date and are exclusive of VAT or other statutory additions.
VAT
designbase is VAT registered in the UK
Registration No. 793 8620 84
MODIFICATIONS
No liability whatsoever shall be accepted for modifications
or alterations to our work or recommendations which are
not carried out by ourselves or under our supervision.
ALTERATIONS
If an alteration is made to the brief or an approved piece
of work, necessitated by changes in the clients instructions
or any other cause beyond our reasonable control, then
we are entitled to make an additional charge for extra
work on an hourly basis, which shall have been notified
to the client in advance, or for mutually agreed additional
fees.
RUSHED WORK
We are entitled to make an additional charge for any work
required in advance of an agreed timetable or for any
agreed shortening of the contract period.
PAYMENT
All fees and expenses shall be paid within 14 days following
submission of our account or invoice. Fees may be invoiced
at the end of each month for work carried out during that
month or at set stages agreed in advance. Fees shall be
subject to statutory additions where applicable. We reserve
the right to charge interest on late payments in accordance
with the Late Payment of Commercial Debts [Interest] Act
1998 as amended and supplemented by the Late Payment of
Commercial Debts Regulations 2002.
COSTS AND EXPENSES
In addition to fees as referred to in the payment clause
above, we shall be reimbursed in full when invoiced for
purchases and expenses incurred during the project. Out
of pocket expenses will be charged at cost. External purchases
and services purchased from a third party will be subject
to an additional 15% handling charge. All such costs and
expenses shall be agreed and confirmed in writing with
the client.
DESIGN CREDITS
We shall be entitled to claim authorship and moral rights
for design work for which we have been responsible when
the work has been published (i.e. is in the public domain)
or is no longer confidential or otherwise with the agreement
of the client.
END USER LICENSE AGREEMENTS (EULA)
Where products or services are offered subject to acceptance of an End User License Agreement, that agreement shall form part of these Terms and Conditions.
THIRD PARTY SERVICE PROVIDERS
Whilst designbase may assist in the selection of, or liaise
with through the project, a third party Internet Service
Provider, no responsibility can be taken for their performance
or long term suitability for purpose. It is the final
responsibility of the client to ensure adequate server
provision. Where the client requires direct access to
their own database through the Internet they will be entirely
responsible for providing all the necessary hardware and
software requirements to do so. designbase services may
include registering web sites with search engine or other
third-party listing services. Whilst every reasonable
effort will be made to ensure an effective registration,
designbase can make no guarantee on the acceptance of
entries onto these third-party services, or their ultimate
positioning in any ranked results. |
COPYRIGHT
Copyright and design rights, except for products or services subject to an End User License Agreement (EULA), will be assigned to the client when the project is complete and all fees, costs and expenses for the work have been paid in full. Until that time all work prepared by us shall remain our property at all times, in accordance with the UK Copyright, Designs and Patents Act 1988.
CONFIDENTIALITY
All material and information supplied by the client during
the project shall remain confidential and will only be
used for that project. At the end of the project and after
all fees, costs and expenses for the work have been paid
in full, all material passed to us, together with all
or any copies will be returned to the client.
TERMINATION OF AGREEMENT
Any agreement between us and the client shall terminate
if (a) either party commits a persistent or material breach
of it, and fails to remedy the breach within fourteen
days of receiving written notification from the other
party specifying the breach and requiring its remedy,
(b) if the client commits any act of bankruptcy or commences
any proceeding of winding up (other than for the purposes
of amalgamation or reconstruction) of if an Administrator,
Receiver or Liquidator is appointed for the whole or any
part of the business of the client. On termination or
postponement of the commission, or any part of it, for
any reason, we shall be entitled to full remuneration
for the work completed to date, together with all expenses,
and shall retain the intellectual property rights, even
if the fee agreed in advance for the work had included
assignment of copyright upon completion of the project.
EXCLUSIVITY
We do not work exclusively for a client in a particular
area or sector unless a specific written agreement has
been negotiated and a retainer fee paid.
COMPLETION
We will make every reasonable effort to comply with specified
completion dates, however dates specified are estimates
only and are not guaranteed. Delays in completion do not
entitle the client to rescind the contract or to any reduction
in the agreed fees.
INDEMNITY (THIRD PARTY CLAIMS)
It is the final responsibility of the client that all
of our work is checked and approved for any necessary
statutory approvals, standards or compatibility with the
client's and the client's customers systems. designbase
specifically disclaims any implied warranties of merchantability
and fitness for a particular purpose. In no event will
designbase be liable for any damages, including but not
limited to, any lost profits, lost savings or any incidental
or consequential damages, whether resulting from impaired
or lost data, software or computer failure or any other
cause, or for any other claim by the client or for any
third party claim.
INDEMNITY (PATENTS ETC.)
We will take all reasonable care to provide original work.
It is the final responsibility of the client to ensure
that work is not an infringement of third party intellectual
property rights.
CHANGES TO THESE TERMS
designbase may, from time to time, make changes to these
terms and conditions at its sole discretion. The current
terms and conditions are those displayed on the designbase
web site.
JURISDICTION
This contract is governed by English Law and the parties
submit to the exclusive jurisdiction of the English Courts
in any dispute which may arise concerning the contract. |
