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1. Southampton Web Design (hereinafter referred to as "SWD") agrees to provide services as detailed in the SWD 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 SWD Confirmation of Appointment or otherwise in writing by "SWD", the following payment terms shall apply: all fees quoted are inclusive of VAT. Pro-forma accounts will be rendered calendar monthly and/or on completion of the services provided and will be due for payment strictly within 14 days of submission. Upon receipt of such payment, "SWD" will furnish a tax invoice in respect thereof, the tax point being the date of such payment.
3. In certain circumstances at its discretion, SWD may require some monies to be paid prior to commencement of work on account of fees likely to be incurred.
4. All Retainers/Monies paid by "the Client" are Non-returnable, Non-refundable if work is started then cancelled by "the Client" after 7 working days. Which has to be supplied in writing by "the Client" to SWD within 7 working days.
5. All fees quoted are subject to review and adjustment by SWD.
6. In the event that full payment is made later than required by Condition 2. hereof or if only partial payment is made, SWD 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.
7. SWD 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 SWD. Upon such withdrawal of its services, "SWD" 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.
8. It is hereby agreed between SWD and "the Client" that where SWD withdraws its services pursuant to Condition 6.hereof, SWD 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 SWD pro-forma accounts and invoices.
9. Copyright in all documents, papers, etc. prepared or caused to be prepared by SWD is expressly reserved by the SWD.
10. "The Client "shall indemnify and save harmless SWD 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.
11. These Terms of Appointment are governed by and subject to English Law.
Copyright © 2006 Southampton Web Design. All rights reserved.
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