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Terms Of Business

 

TERMS & CONDITIONS

All work is undertaken on the assumption that terms and conditions as defined in this document have been read and are agreeable.

DEPOSIT

The sum of 50% of estimated total cost to be paid in advance with order, and the remainder paid not later than 14 days after date displayed on final invoice.

TERMS

Invoices issued by Inkdigital.org are payable within 14 days of issue.

COMPLETION

Inkdigital.org will notify the client upon the completion of works.

CANCELLATION

Cancellation by the client at any time after an order has been accepted will render the client liable for all project costs incurred up to and including the cancellation date.

LIABILITY

This site and its contents are provided "as is" and Inkdigital.org makes no representation or warranty of any kind with respect to this site or any site or service accessible through this site. Inkdigital.org expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will Inkdigital.org be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this site, any content on or accessed through this site or any site or service linked to, or any copying, displaying, or use thereof. Liability for copyright issues and the veracity of any and all materials or information supplied to Inkdigital.org by or on behalf of clients for use in connection with any services offered by Inkdigital.org, is the sole responsiblity of the supplier.

COPYRIGHT & OWNERSHIP

Inkdigital.org has the copyright and ownership of the development outlined above until development fees incurred are settled in full. At this time the Copyright and ownership of textual and graphic Inkdigital.org elements on the site cedes to 'COMPANYNAME' Limited.

Copyright for supplied content remains with the client at all times.

The source files of all graphics and programs and scripts used, generated or implemented in the course of the production of this site and in the normal functioning of the site remain the property of the acknowledged copyright holder at all times unless otherwise agreed.

INSURANCE

The Customer shall be responsible for effecting all necessary insurance in respect of any loss, damage, or expense that it may suffer directly or indirectly in relation to the provision or non-provision of the Company's goods and services.

SUSPENSION AND TERMINATION

Inkdigital.org shall be entitled:-

(a) to suspend its performance of the contract if and for so long as the Customer shall be in breach of any of its obligations; and (b) to determine the contract without notice in the event of the bankruptcy, insolvency or liquidation of the Customer at any time or the levying of any distress, execution or other legal process upon the Customer's assets or in the event of a receiver being appointed over all or any part of the Company's assets or in the event of a continuing breach by the Customer of any of its obligations.

WAIVER

The waiver or non-enforcement by the Company of any breach or non-observance of any of these Conditions shall not prevent the subsequent enforcement of these Conditions in full and shall not be deemed a waiver of any subsequent breach.

FORCEMAJEURE

The Company shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of god, government action, failure of power supply, equipment failure, lock out, strike, default or failure of subcontractor or suppliers or any other cause beyond its reasonable control and the Company shall not be liable for any loss, damage or expense suffered by the Customer or any third party arising directly or indirectly from any of such matters.

VARIATIONS

(a) These Conditions shall not be varied, waived or modified except in writing under the hand of a duly authorised officer of the Company.
(b) These Conditions override any differing conditions which may appear on the Customer's order form or other document.
(c) The Company reserves the right to vary these Conditions from time to time subject to giving prior written notice to the Customer.
(d) Any provision of these Conditions which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability by deemed severable and shall not affect any other provision of these Conditions.
(e) The headings used herein are for convenience only and shall not affect the meaning or constructions of these Conditions.

NOTICE

Any notices required to be given under these Conditions shall be in writing and shall be served by prepaid first class letter addressed to the party to which it shall be sent as its principal place of business or such other address as may have been notified pursuant to this provision to the party giving the notice and shall be deemed to be delivered 48 hours after posting.

PROPER LAW AND JURISDICTION

These Conditions shall be governed and construed according to English Law and the parties irrevocably submit to the non-exclusive jurisdiction of the English Courts.

 

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