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John Baugh BA(Hons). PGCE. MA Digital Arts.
Terms and Conditions of Contract
As at 1st April 2010
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Invoicing and Payment
- For all accounts, 25% of the invoice as a deposit must be paid after terms of contract are agreed prior to commencement of work. The remaining 75% shall be payable on completion of the project.
- For invoices over £1000 sterling we will issue an invoice for payment as each sum becomes due, to be paid within 21 days of the date of that invoice.
- For invoices under £1000 sterling we may require payment upon completion of transfer of goods or services to the purchaser.
- If payment is not received within 21 days of the invoice date, we will automatically charge interest at a rate of 8% per annum, which will be added to the customer’s account.
- Payment may be by bank transfer, cheque or cash.
- All cheques must be made payable to John Baugh.
Copy Approval
- The customer’s requirements must be clearly provided to us in writing before commencement of work and subject only to minor alterations thereafter.
- Major alterations to a project, not agreed prior to the commencement of work, must be made subject to a further written agreement.
- Media projects will only be publicly released by us once the customer approves all content as complete and satisfactory and confirms this in writing.
Termination of Service
- A customer may terminate the contract at any time by written notice of termination.
- When a customer terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by us unless any other written agreement is reached in advance.
- Any monies (excluding the deposit) held on account and unused will be returned.
Unsuitable/Illegal Information
- We reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal.
- Should such a submission occur, the customer will be advised which information was deemed unsuitable, and requested to amend the information. If the customer can show good reason to use the "unsuitable" information, its inclusion may be considered.
Errors and Omissions
- We cannot be held liable for loss or damage caused as a result of third party action or failure.
- We cannot be held liable to any party for any errors on any medium after the customer has agreed in writing that the content is correct and accurate and should be posted, published or broadcast
Contracts
- Customer contracts may be modified by agreement in writing at any time to add or delete services to better fit the customer’s needs.
- If a project requires additional content this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding.
- E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes.
- We will not commence work on any project until they have written approval.
Ownership of Content / Copyright
- In consideration of, and subject to, the final payment of full fees due to us by the customer, we hereby assign to the customer with full title guarantee all the present and future copyright and other intellectual property rights howsoever arising in the content.
Confidentiality
- Any confidential or proprietary information which is acquired by us from a client company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, we will sign and adhere to the conditions of any Confidentiality Agreement used by the client.
Deadlines.
- Any contract requiring us to work to specific deadlines provided within the written agreement will be deemed to include a provision that the clients will make themselves reasonably available to communicate with us, its servants or agents, as necessary.
Complaints
- Should the customer have cause to make any complaint about service or programmes the complaint, if put in writing, will be acknowledged by us within 14 days and a detailed reply will be issued to the customer within a further 28 days there after.
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