|
1. Terms of the Contract |
||
|
1. |
Having received a brief of requirements from the Customer, either verbal or written, Havard Associates Ltd will produce a quotation detailing the design work to be carried out. The Customer must provide written confirmation that the quotation is acceptable. The quotation will effectively form the basis of this contract. | |
|
2. |
This agreement constitutes the entire agreement between Havard Associates Ltd and the Customer. In making this agreement each party confirms that they have not relied on any inducement not recorded in this agreement. | |
|
2. Web Site Design Proof |
||
| 1. | Havard Associates Ltd will produce and publish temporarily on the Havard Associates Ltd Web Site a design proof for the Customer's approval. The design copyright of the proof shall remain the sole property of Havard Associates Ltd. Use of the design in any respect without the express written permission of Havard Associates Ltd will constitute breach of copyright. | |
|
3. Design of Web Site |
||
| 1. |
Havard Associates Ltd will complete the design of the Customer’s Web Site after receiving written confirmation that the design proof is satisfactory. |
|
| 2. | Havard Associates Ltd will release Web Site code and graphics when payment of the final invoice for the outstanding quotation value is received in full. | |
| 3. | Once Havard Associates Ltd has received written confirmation that the design proof is satisfactory, modifications to the design specification will be considered an amendment to the contract. All modifications must be confirmed in writing. | |
| 4. | Customer’s logos, artwork, graphics and photographs remain the Copyright of the Customer. Design, graphics and programming produced by Havard Associates Ltd remain the intellectual property of Havard Associates Ltd unless otherwise agreed. Copyright of any CGI or JavaScripts within the Web Site will remain the property of Havard Associates Ltd for the duration of the Web Sites existence and shall not be modified or reused without the express permission of Havard Associates Ltd. | |
|
4. Invoicing, Payment and Tender Validity |
||
| 1. | VAT is payable on all prices quoted. | |
| 2. | An interim invoice of 10% of quotation value will be issued when the Customer has accepted the design proof. Payment must be received before further work is undertaken on the design. | |
| 3. | Design modifications (ref. 3.3) will be a charged at the prevailing hourly rate published in Havard Associates Ltd Price Guide. | |
| 4. | Payment shall be made in UK Pounds Sterling to Havard Associates Ltd. Payments are due within 14 days of presentation of invoice. If due to bank charges, transfer fees, or the like, Havard Associates Ltd should receive less than the invoice amount, Havard Associates Ltd will re-invoice the Customer for the shortfall. In the event that any amount remains unpaid fourteen days after invoice date, Havard Associates Ltd reserves the right to discontinue, withhold, or suspend services to the Customer to whom such unpaid amounts relate. | |
| 5. | In accordance with The Late Payment of Commercial Debts Act 1998 interest will be charged on all payments received outside of payment terms at the rate of 2% above Lloyds Bank plc base rate. All charges incurred by Havard Associates Ltd due to late payment or cheques that require representing or fees required to recover debts will be passed onto the Customer. | |
| 6. | Tenders and Quotes are valid for 30 days from the date of the Tender or Quote. All prices quoted may be subject to change without notice after this period. | |
| 7. | Once Havard Associates Ltd has undertaken a commission for services, a cancellation fee of 75% will apply if the contract is terminated through no fault of Havard Associates Ltd. An interim invoice will also be levied for 75% of the total quotation value if Web Site content is not received within 30 days of commission. | |
| 8. |
The final invoice will be issued when work has been completed on the Customer’s Web Site design. Web Site code and graphics will not be released to the Customer until payment is received in full. Any further modifications to the Web Site will be chargeable under separate terms. |
|
| Disclaimer | ||
| 1. | Havard Associates Ltd cannot be held liable for any information contained within the Customer’s Web Site. The content of the Web Site remains the copyright and intellectual property of the Customer. The Customer is liable for any reasonable legal costs incurred by Havard Associates Ltd caused by the content of the Customers’ Web Site and agrees to indemnify Havard Associates Ltd for any awards made by a court of law. | |
| 2. | Search Engine entry and ranking can in no way be guaranteed as this remains the sole discretion of the 3rd party Search Engine provider. | |
| 3. |
No liability will be accepted for compatibility issues with code or any
errors, omissions or failings of software code produced. |
|
|
© Copyright 2001 Havard Associates Ltd |
||