Terms and Conditions of Trade
Available in hard copy format on application or at http://thegeakes.co.uk./terms.shtml
1. Price variation. Estimates are based on the programmer's 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 of draft design elements. The programmer's rate is at present £45 per hour. Any work including any chargeable non-programming requirements will be invoiced at this rate unless otherwise stated.
2. Tax Exempt. In the case of a client who is not contracting in the course of a business nor holding himself out as doing so, the programmer 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 rate.
4. Copy. A charge will be made to cover any additional work involved where copy supplied is not clear and legible or supplied as paper original requiring keyboard input.
5. Proofs. It is the client's prerogative to ensure all work carried out is approved for correct content inc; grammar, spelling, and technical content, once a descision is made in writing or verbally by the client it is final!. Proofs are available at all stages of pre-'going-live' (web) at the request of the client and normally the client will be provided with a link to the development project such that they can proof the work as it is completed. In the case of CSS conversions and combination sites (Image to webpage conversion with scripting), the images provided will be classed as the agreed design and will be replicated as closely as possible using HTML and CSS standards. Any changes to design after construction has begun will be chargable at the standard hourly rate for each hour worked. This also applies to scripting.
A debugging period of 30 days is provided. It is the client's responsibility to highlight and communicate any bugs that are found within any scripting within 30 days of final payment. After this period of 30 days any bug fixing will be classed as extras and will be invoiced accordingly.
6. 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. Electronic copies of all work will be provided.
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 programmer 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 14 days from date of invoice or as stated on invoice. Any other payment terms must be pre-agreed and in writing.
e) All online hosting provided by the client must be of satisfactory quality and reliability.
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
7. Liability: Internet systems are completed and published at the risk of the client and the programmer cannot be held responsible for third party costs incurred by the content of such designs. It is the client's responsibility to ensure the contents 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 proprietor 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 10)
8. Standing material: a) Digital media and other materials owned by the programmer and used by him in production shall remain his exclusive property. Such items when supplied by the client shall remain the client's property unless written arrangements are made to the contrary.
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 programmer 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 programmer 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. 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. Force majeure. The programmer 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.
12. Law. These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
12a. Copyright ©: all imagery, copy, text, scripting, programming supplied by the programmer remains the intellectual property of the programmer 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 programmer will inform the police or the relevant local trading standards department and seek compensation to the fullest extent of UK law.
13. The above terms may be revised, without notice, at any time, at the sole discretion of Robert Geake.