GENERAL
These conditions apply to all goods and services supplied by Weaverfish. The prices charged by this company have been calculated to take account of the obligations imposed by these conditions.
2. The following conditions apply to all services supplied by Weaverfish (“The Agency”).
2.1 All work will be supplied as specified and agreed on the Purchase Order with the Client. For accounts which fall below the Agency’s minimum requirements as specified from time to time or for accounts which in the opinion of the Agency required an unusual amount of extra servicing, the Agency reserves the right to increase its fees in accordance with the work done by the Agency.
2.2 The Agency will aim to provide Clients with a guide to external costs involved (e.g. web hosting) in the quote, but reserves the right to pass on any changes in external costs to the Client.
2.3 The Agency will reserve the right to terminate the contract forthwith;
2.3.1 where an invoice remains unpaid by the client for a period of one month after the date when the payment becomes due and the Agency shall be entitled upon termination to cancel any contracts arranged by it between the Agency and the Clients.
COPYRIGHT AND DESIGN
3. Unless otherwise agreed in writing, the Agency reserves the copyright or like rights in any publication, illustration, slogan, concept, promotional data, plan, drawing, material or other data supplied to the Client.
SUB-CONTRACTING
4. The Agency may sub-contract any parts of the work or services to be provided, but shall remain liable to the Client for the proper performance or its obligations.
PRICES
5. All quotations, tenders, estimates are based on current prices and are subject to amendment on or after acceptance to meet any rise or fall in the price of materials, components, external hosting and other items.
5.1 The Agency reserves the right to submit interim accounts from time to time where work is on-going in nature.
5.2 The Agency reserves the right to request a payment of 25% of the final cost of project to cover external costs and initial design work as stated in the quote. The Agency reserves the right to await payment before embarking on any work.
OWNERSHIP OF GOODS
6. All work carried out by the Agency will remain the property of the Agency until full payment has been received.
6.1 On any payment from the Client to the Agency becoming overdue, the Agency may at anytime (and without prejudice to any of its other right) recover or resell the goods supplied including removing a website from the server.
PAYMENT
7. Except and to the extent otherwise stipulated in the relevant quotation or order, payment for goods and services shall be due on the terms stated on the invoice to the Client. The Agency reserves the right to charge interest at the rate of 6% above the HSBC Minimum Lending Rate for the time being, on overdue accounts from the date which they become due until the date of payment.
7.1 Any outstanding balance of the purchase price shall become due immediately on the commencement of any action or proceedings concerning the Client’s solvency.
RISK
8. Unless otherwise agreed or stated in the Agency’s quotation, risk in respect of goods shall pass to the Client when the goods are despatched from the Agency’s premises.
WARRANTY
9(a) The Agency will rectify any defect provided that:
(i) the client notifies the Agency of any claim within 30days of the site going live
(ii) the Agency is allowed a reasonable opportunity to inspect the website so as to confirm that it is defective.
(iii) the goods have not been modified, mis-handled or mis-used.
INDEMNITY
10. The Agency shall not be required to display any matter which in its opinion which is or maybe of illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
10.1 The Client acknowledges that websites prepared by the Agency is on the basis of information supplied by the Client. Accordingly, the Client will indemnify the Agency against
(a) any claims, cost and expenses arising out of any illegal or libellous or otherwise actionable matter or any infringement of copyright patent design or of any proprietary rights. The indemnity shall extend to any amounts paid on the advice of the Agency’s solicitors in settlement of any claims.
(b) any legal costs incurred by the Agency in connection with any proceedings brought against it in the Trade Description Act 1968 in which either of the statutory defences are proved.
INTERPRETATION
11(a) In these Conditions of Sale:
“consent” means consent in writing.
“The Agency” includes the servants, employees, carriers and subcontractors of the Agency.
“Order” means an order that has been accepted by the Agency.
APPLICABLE LAW
12. These conditions are to be construed and operated in accordance with English Law and any dispute arising under them or any order shall be settled in the Courts of England.