Print
& Design Terms of Sale
1.
PAYMENT TERMS
Payment must be made according to your
payment schedule, we reserve the right to suspend work immediately
on non or late payment.
1.1 DISCOUNTS
Any discounts are offered on the strict understanding that accounts
are paid by the due date. We reserve the right to invoice any such
discounts to accounts which become overdue.
2.
VAT
If VAT is
noticed on your order after the bill has been paid, you as the
customer are liable to pay the VAT in full
3.
OVERDUE ACCOUNTS
3.1 Suspension of your account will
take place for any accounts which remain unpaid 14 days after
payment is due. We reserve the right to charge interest on overdue
accounts, at the rate of 5% above the RBS base rate from time to
time from the date the account became due until payment is
received. This does not prevent us from pursuing payment of overdue
accounts at any time after payment becomes due and shall be in
addition to and without prejudice to any other rights we may have
against you.
3.2 We reserve the right to charge you for any legal or collection
charges where it is necessary to obtain payment from you of an
overdue account through a third party or Court proceedings.
3.3 We reserve the right to suspend the online status of your
website and hosting and as such will place a non payment
notification in place of it, the content and tone being at our
discretion.
4.
PASSING OF TITLE
4.1. The use of the design and code
comprising the website shall pass to you on completion only for the
specific use and domain name under which it was purchased.
4.2. All code and designs delivered or not, remain our
property.
4.3. Until such time as full payment is made you shall not make use
of or promote the domain name or website in any way for commercial
use. In the event of non-payment we will, without loss of any
rights or remedy, remove such code as belongs to us in accordance
with these conditions and we shall be entitled to remedy this at
our discretion only, you will not have automatic rights of
re-instatement and such requests must be made to us in writing. If
agreed your website will be re-instated within 14 days and an admin
charge applied, the amount of which you will be notified of in
advance but will be no less than £49+vat to be paid in advance. You
hereby grant us irrevocable rights to full control of your website
until payment is made unless we give up that right in writing to
you. Giving up our rights does not release you from the obligation
to pay any fees due previous to such release.
5.
PRODUCTS
We
reserve the right to alter any details of the development proposal
without notice where such alteration will not affect the commercial
viability of the site. Whilst every effort is made to describe the
site in full, no warranty is given as to accuracy and no
responsibility will be accepted for error, mis-description or
mis-interpretation and any resulting loss.
6.
QUOTATIONS AND CONTRACTS
Orders are accepted subject to our
right to adjust prices quoted to take account of any changes in the
law or Government regulations requiring us to increase prices by
way of direct taxation, import duties, customs and excise duties or
otherwise. The prices are based on today’s current costs of
production and in the event of any increase in wages or costs of
materials to us occurring after the confirmation of accepted
contract, we shall be entitled to charge such increases to
you.
7.
PRICES
Where
applicable all prices quoted are subject to VAT at the current
rate.
8.
DELIVERY OF PROJECT
8.1. Every effort will be made to
deliver on time, but any delivery date specified is a best estimate
and no liability is accepted for any loss arising from delay or
error in the delivery of the project.
9.
COMPLETION
We
shall be deemed to have fulfilled the contract by completion of the
website as per the development proposal or on the final date of
completion designated on the proposal if you have not completed any
of your scheduled tasks, whichever date comes first shall be deemed
to be the completion date. We alone retain the right to state the
point of completion and continuous edits and amendments will be
deemed to be out-with the contract and shall not be included in the
schedule.
10.
REPORTING
Reports of errors or bug-fixes in the
website or amendments to the project must be made to us in
writing.
11.
LIABILITY
We
can accept no responsibility for loss or damage arising from
temporary failure of the online status this website under this
contract.
12.
CANCELLATION CHARGES
Please note that a 50% charge of the
total value of the original order will be made on all cancelled
orders plus a £25.00 charge to cover administration costs.
Any costs incurred for work already carried out up to the date of
written cancellation will also be charged for and deducted before
any refunds are made.
13.
DEVELOPMENT STAGES
These will be submitted for approval as
per your development schedule.
14.
CHANGES TO ORDERS
Any changes must be made in writing to
us prior to commencement of processing. Any increases in the
project development must be regarded as a separate contract unless
written notification is received before work commences on the
original order.
15.
DOMAIN AND HOSTING FEES
The customer shall pay the agreed
domain and hosting fee prior to commencement of design process,
unless special settlement terms have been agreed by us in
writing.
The entire copyright throughout the world in code and design create
by or purchased by One Media Scotland Ltd pursuant to or in
implementation of any contract with the customer shall belong to
One Media Scotland Ltd. One Media Scotland Ltd agrees that unless
the customer becomes in default of any obligation to make any
payment to One Media Scotland Ltd, it will not reproduce any such
items for any competitor in business of the customer.
16.
PROOFS
The
customer shall be responsible for checking proofs and supplying
amendments. If we have not been given amendments or approval after
14 days the remaining charge of the total value of the original
order will become payable before any further work is carried
out.
17.
CONTACT
If we
have not been contacted after 14 days during any period after the
start of the project the remaining charge of the total value of the
original order will become payable before any further work is
carried out.
18.
FORCE MAJEURE
We will not be held responsible for
failure or delay in the carrying out of our obligations under the
contract arising from any cause outside our reasonable control or
by inability to procure materials or articles except at higher
prices due to any such cause and in such circumstances we shall be
entitled by notice to terminate the contract in whole or in part
without incurring any liability whatsoever to you.We hereby state
for the purpose of these conditions, and you the client agree
unequivocally that non supply of content and any materials required
for production from the client are included under this
clause.
19.
MISCELLANEOUS
The contract between ourselves the
Company and the Customer shall be governed by and construed in
accordance with Scottish Law.