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1. Web Designers (hereinafter referred to as "the Designer") agrees to provide services as detailed in the Designer's quotation, budget price or Confirmation of Appointment to the individual, organisation or public body referred to therein (hereinafter referred to as "the Client").
2. Unless specifically varied in the Designer’s Confirmation of Appointment or otherwise in writing by the Designer, the following payment terms shall apply: all fees quoted are exclusive of VAT and to the extent that VAT is chargeable in respect of any goods, work or services supplied by the Designer, VAT at the rate in force at the time of supply should be added to payments otherwise due. Fee accounts will be rendered calendar monthly and/or on completion of the services provided and will be due for payment strictly within 7 days of submission.
3. In certain circumstances at its discretion, the Designer may require some monies to be paid prior to commencement of work on account of fees likely to be incurred.
4. All fees quoted are subject to review and adjustment by the Designer.
5. In the event that full payment is made later than required by Condition 2. hereof or if only partial payment is made, the Designer may at its absolute discretion charge for administration costs and interest on any monies owed at either the rate of 2% interest per month or at the annual rate of 7% above the base rate published from time to time by Barclays Bank plc, whichever is the greater rate, calculated weekly and compounded monthly. Failure to apply such charges does not constitute a waiver of the option so to charge.
6. The Designer reserves unto itself the right to withdraw its services at its entire discretion, particularly in the event of any failure to pay its pro-forma accounts and invoices or, where the Client makes its own arrangements for provision of storage space with an Internet Service Provider, if the Client does not make available or continue to make available server storage space to the Designer. Upon such withdrawal of its services, the Designer shall be under no liability whatsoever to the Client for any costs, losses and damages, howsoever arising, that the Client may incur of may have incurred.
7. It is hereby agreed between the Designer and the Client that where the Designer withdraws its services pursuant to Condition 6. hereof, the Designer may remove any material stored upon any computer or server and shall retain, and shall not be under any obligation to return or provide access to, any and all documents, papers, etc. belonging to the Client until payment is made in full of all the Designer’s pro-forma accounts and invoices. It is further agreed between the Designer and the Client that the Client will pay the time costs of reinstating any web site removed under these Conditions.
8. Copyright in all designs, graphics, logos, pages, documents, papers, etc. prepared or caused to be prepared by the Designer is expressly reserved by the Designer.
9. The Client shall indemnify and save harmless the Designer against any claims that may arise out of the content or nature of the material stored upon any computer or server or which may be prohibited or protected by laws of any country or state relating to copyright, confidentiality or intellectual property.
10. These Terms of Appointment may be modified by the Designer without notification to the Client.
11. These Terms of Appointment are governed by and subject to English Law.