Need a website designer or a smart marketing campaign? Are you struggling to find good web developers or marketing specialists at a reasonable cost? Try us now so we can prove how we can save you time and money with ‘all-in-one marketing’ solutions. Read our terms & conditions for hiring Signature Image Consultants
1. What is the legal interpretation?
In this document the following words shall have the following meanings:
1a. “The Client” means the organisation or person who buys Services from The Consultant.
1b. “Project proposal” means a specification of work, estimate or quote describing the services to be provided by The Consultant.
1c. “Services” means the services specified in the Project proposal.
1d. “The Consultant” means Signature Image Consultants Ltd. 10 Coverdale Avenue Maidstone Kent ME15 9DR and its sub-contractors.
1e. “Terms & Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by The Consultant.
1f. “Supported browsers” means All the latest desktop browsers (IE > 9)
2. What are our general terms of agreement?
2a. These Terms & Conditions shall apply to all contracts for the supply of Services by The Consultant Ltd to The Client and shall prevail over any other documentation or communication from The Client.
2b. Any variation to these Terms & Conditions shall be inapplicable unless agreed in writing by The Consultant.
2c. Nothing in these Terms & Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which The Consultant may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2d. Nothing in these Terms & Conditions shall affect The Clients statutory rights as a Consumer (ascribed in section 12 of the Unfair Contract Terms Act 1977)
2e. In all cases where the terms of the Project Proposal conflict with these Terms & Conditions the Project Proposal will govern
3. What constitutes an order request?
3a. The Project proposal attached to these Terms & Conditions shall remain valid for a period of 14 days from the date issued.
3b. The Client shall be deemed to have accepted the Project proposal by placing an order with The Consultant (“the Order request”) within the period specified in Clause 3a.
3c. All Orders for the Services shall be deemed to be acceptance of the Project proposal pursuant to these Terms & Conditions.
4. What are our payment terms and contract prices?
4a. the price for the Services is as specified in the Project proposal and is inclusive any applicable charges outlined in the Project proposal. Prices exclude VAT unless otherwise stated.
4b. Payment of the price shall be in the manner specified in the Project proposal.
4c. If The Client fails to make any payment within 14 days of it becoming due, The Consultant shall be entitled to charge interest on overdue invoices from the date when the payment became due until the date of the payment at the rate of 5% per day.
4d. If The Client fails to make any payment within 14 days of it becoming due, The Consultant shall be entitled to remove all work carried out as part of the Order request and suspend all ongoing work for The Client until payment has been received in full.
4e. Removal of all work carried out as part of the Order request does not relieve The Client of the obligation to pay any outstanding charges assessed to The Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and The Client’s account will immediately be considered to be in default until full payment is received.
4f. Ownership of The entire worked completed under the Order request will remain with The Consultant until all work has been paid for in full. Once full and final payment has been received, ownership will be passed to The Client.
4g. The Consultant reserves the right to alter its prices as necessary and without prior notice. Such changes will not affect existing contractual and pricing agreements.
5. What are The Clients obligations?
To enable The Consultant to perform its obligations under this agreement The Client shall:
5a. co-operate with The Consultant;
5b. provide The Consultant with any information reasonably required by The Consultant and in a timely fashion; overruns and delays caused by The Client not responding in a timely manner will result in extra fees
5c. obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of The Client; and
5d. comply with such other requirements as may be set out in the Project proposal or otherwise agreed between the parties.
5e. agree to indemnify The Consultant, including any incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third party.
5f. agree not sell, rent or lease this software or part of it
5g. agree that The Consultant may include development credit(s) and/or link(s) displayed on The Clients web page.
5h. agree to pay a nominal fee of 10% of the total development to have development credit(s) and/or link(s) credits removed. When total development charges are less than £5000, a fixed fee of £500 will be applied.
5i. agree The Consultant is not liable for any failure to inform or implement new updates to their site to comply with, including but not limited to, new legislations, software releases and web standards.
5j. agree that during the term of this agreement and for a period of 5 years after its termination for any reason, The Client shall not (i) hire, or solicit the employment or contracting of, any Company personnel, agents, or contractors directly or indirectly associated with Services; or (ii) solicit, otherwise offer to provide any work that is the same, similar or reasonably related to the Services provided hereunder, without the prior written consent of The Consultant.
6. What are Signature Image Consultants Ltd obligations?
6a. The Consultant shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
6b. The Consultant provides the following guarantee(s) in relation to the Services carried out: The client site build will be tested in a number of different “supported browsers” environments listed in section 1. Please note: compatibility with browsers released after the signoff date of this document will be achieved, where necessary, on a time & materials basis.
6d. The Consultant reserves the right to quote for any work involved in changing the web site design or web site code for it to work with specific browser software, domain name, and hosting changes or recommend updates to their site to comply with, including but not limited to, new legislations, software releases and web standards as separate work.
7. What is our limitation of liability provisions?
7a. The Consultant shall not be liable under any circumstances to The Client or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by The Client howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
7b. For the avoidance of doubt, time shall not be of the essence and The Consultant shall incur no liability to The Client in respect of any failure to complete the Services by any agreed completion date unless otherwise agreed in the Project Proposal.
8. How can you cancel your project?
8a. The Client may cancel an Order request by notifying The Consultant in writing at the address above within 7 days of placing an Order request
8b. If The Client fails to cancel the Order request within the time specified in Clause 8a. Any deposit paid may not be returnable.
8c. Any work done by the Consultant before the project is cancelled will be deducted from any deposit and the remainder will be refunded in full within 14 days of written notification from The Client. If the Consultant has done more work than is covered by the deposit then the Client will be liable for the full cost of work done up to the point of cancellation.
9. What about events beyond our control?
The Consultant will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, telecommunication problems, software failure, hardware failure, third party interference, natural events, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services or other events beyond the control of The Consultant.
Although the Consultant may from time to time recommend third parties to the Client, the Consultant is in no way responsible for the performance or quality of the third party and will take no responsibility for any issues arising out of third parties recommended by the Consultant. As with all things, the Client should review all alternatives and not only take the recommendation of the Consultant with relation to third parties.
10. Please check this page as we update our Terms & Conditions
11. Updated 02/02/14
These Terms & Conditions shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal action or claim arising from the contract between The Consultant and The Client. The said contract is void where prohibited by law.